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Trade and investment disputes : whose business is it anyway ?

This thesis is a discussion on whether every sector of human activity really is or needs to be 'global'. It discusses the impact that economic globalization has on the role of the nation-state and on the concept of democracy, at both local and international levels. Particular emphasis is put on some of the democratic challenges associated with dispute settlement at the WTO and also under foreign investment international instruments. It is argued that increased participation by non-state actors, particularly NGOs, in state-to-state and in investor-state arbitration threatens to weaken the arbitration process and does little to remedy alleged democratic deficiencies. The author concludes that many democratic concerns regarding these types of dispute settlement processes may be better addressed by strengthening national democracies. Increased public information, consultation, and participation in the shaping of foreign policy could reduce much of the criticism concerning both, international dispute settlement and decision-making.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.78207
Date January 2002
CreatorsCasanova-Jimenez, Richard P.
ContributorsToope, Stephen (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001982735, proquestno: AAIMQ88114, Theses scanned by UMI/ProQuest.

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