Comparing WTO Panelists and ICSID Arbitrators: the Creation of International Legal Fields

Authors

  • Jose Augusto Fontoura Costa

Keywords:

International legal fields, investment arbitration, dispute settlement systems

Abstract

Who are people who make the decisions in trade and investment dispute settlement systems? In order to describe and analyze investment arbitrators and trade panelists, the whole populations of people nominated to ICSID’s tribunals and committees as well as to WTO Panels from 1995 to 2009 were studied, considering their specialization in law, and their career backgrounds as public servants, academics or private professionals. Applying Pierre Bourdieu’s concept of legal fields, the data suggested that both systems produce legitimacy but in quite different ways and, interestingly, that the one more similar to domestic legal systems takes that form due to political forces, not by an incremental process powered by people with legal backgrounds.

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Published

08-03-2011

How to Cite

Fontoura Costa, J. A. (2011) “Comparing WTO Panelists and ICSID Arbitrators: the Creation of International Legal Fields”, Oñati Socio-Legal Series, 1(4). Available at: https://opo.iisj.net/index.php/osls/article/view/63 (Accessed: 15 November 2024).

Issue

Vol. 1 No. 4 (2011): Socio-Legal Aspects of Adjudication of International Economic Disputes

Section

Thematic Articles

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