Converging Divergences: A Common Law of International Trade and Investment
51 Pages Posted: 9 Jan 2015 Last revised: 25 Feb 2015
Date Written: December 18, 2014
This Article observes that the recent jurisprudence between international trade and investment law is converging in a way which the free market value and public interests are duly reconciled. The Article contends that such jurisprudential convergence is structurally preordained yet historically manifested. It is structurally preordained in the sense that commerce is inherently embedded in its surrounding social environment. It is historically manifested in the sense that both regimes, despite their unique past, nonetheless featured a common ontogenetic path reflecting the embeddedness. The Article eventually crystalizes the convergence thesis into a common law, which is justifiable on both constitutional and practical grounds.
Keywords: international trade law, international investment law, convergence, common law
JEL Classification: K30, K33, K39
Suggested Citation: Suggested Citation