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Accepted Paper:
Making Norms with Numbers: The Use of indicators in International Commercial and Trade Law
David Restrepo Amariles
(Université Libre de Bruxelles)
Paper short abstract:
This presentation explores the increasing use of indicators in international trade regulation and adjudication. It will mainly focus on the use of "rule of law" indicators in international investment law and international arbitration.
Paper long abstract:
This presentation aims to show the increasing use of indicators in international trade regulation as well as the consequences this use conveys for international commercial and trade law. Indicators set standards that, in spite of being sometimes loosely enforceable from a classic legal perspective, partly constitute the transnational normative framework within which global commercial and investment transactions take place. Indicators contribute to stabilizing behaviour and legal expectations where classic forms of law are at pains to provide effective rules. This presentation will mainly focus on the use of "rule of law" indicators and their application in international investment law and international arbitration.