Beyond Trade Liberalization and Investment Protection: Toward More Inclusive International Economic Judiciaries
This study examines the tension between trade and investment liberalization and the protection of public interests such as human rights, the environment, and public health. It focuses on the evolving role of international economic law institutions—particularly the WTO and investor-state dispute settlement (ISDS) mechanisms—which are increasingly criticized for prioritizing economic goals over regulatory autonomy. While some argue these bodies neglect relevant international legal norms, others claim they are progressively integrating non-economic considerations.
To address this debate, the study employs a mixed-methods approach, combining computational legal analysis, statistical testing, qualitative content analysis, and elite interviews. It investigates how and why external international legal sources are cited in WTO and ISDS decisions. The findings aim to inform legal and policy strategies that balance economic and non-economic values, enhance judicial coherence across regimes, and restore the legitimacy of international economic adjudication.