
Contents
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I. ‘International Jurisprudence’ and Its Meaning in the Context of International and Transnational Dispute Settlement I. ‘International Jurisprudence’ and Its Meaning in the Context of International and Transnational Dispute Settlement
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A. Is There an ‘International Jurisprudence’? A. Is There an ‘International Jurisprudence’?
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B. Is Such ‘International Jurisprudence’ a Source of Global Administrative Law? B. Is Such ‘International Jurisprudence’ a Source of Global Administrative Law?
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C. Is Such Jurisprudence Construing Global Governance Standards? C. Is Such Jurisprudence Construing Global Governance Standards?
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II. Norms and Rules of Global Administrative Law Recognized by International Jurisprudence II. Norms and Rules of Global Administrative Law Recognized by International Jurisprudence
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A. Due Process Standards A. Due Process Standards
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1. Due Process Standards and International Investment Arbitration 1. Due Process Standards and International Investment Arbitration
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(a) The FET standard (a) The FET standard
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(b) Expropriation (b) Expropriation
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2. Due Process Standards and Human Rights 2. Due Process Standards and Human Rights
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(a) Due Process Standards in International Human Rights Decisions— the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights (a) Due Process Standards in International Human Rights Decisions— the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights
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B. Standards Concerning the Exercise of ‘Exceptional Faculties’ and the Principle of the Economic Equilibrium in State Contracts B. Standards Concerning the Exercise of ‘Exceptional Faculties’ and the Principle of the Economic Equilibrium in State Contracts
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1. The International Nature of State Contracts 1. The International Nature of State Contracts
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2. Administrative Contracts and Decisions of International Tribunals 2. Administrative Contracts and Decisions of International Tribunals
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3. International Law and the Economic Equilibrium of State Contracts 3. International Law and the Economic Equilibrium of State Contracts
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III. Final Remarks III. Final Remarks
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4 International Jurisprudence, Global Governance, and Global Administrative Law
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Published:November 2015
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Abstract
This chapter considers the role that international jurisprudence plays in constructing and shaping global governance standards, with a particular focus on Latin American jurisdictions. The analysis covers the role played by international courts, transnational dispute settlement bodies, and international arbitration tribunals. The first section explores the concept of ‘international jurisprudence’ and its meaning in the context of international and transnational dispute settlement. The second section identifies—if any—those norms and rules of global administrative law recognized by international jurisprudence and whether such rules are truly evolving into global governance standards that are being followed by domestic administrative agencies. The third section offers conclusions regarding the questions advanced in the second section. Throughout, the chapter provides insights on the influence of international and transnational dispute settlement bodies on Latin American legal systems.
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