Now and Yet Not New: Principles of Global Law in UNCITRAL Working Group III
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Now and Yet Not New: Principles of Global Law in UNCITRAL Working Group III
Garcia-Salmones Rovira, Monica
German Yearbook of International Law, Online First : pp. 1–30
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Dr. Monica Garcia-Salmones Rovira, Maastricht Center for Law & Jurisprudence, Faculty of Law, Maastricht University Bouillonstraat 1-3 6211 LH Maastricht, the Netherlands
- Assistant Professor of Foundations of Law, Maastricht University, Faculty of Law
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Abstract
Abstract: This article approaches the question of time by investigating the special legal nature of the principles guiding the work of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III, and discusses the outcome of the first two years of the working group’s operation as a form of global law. It analyses what global law is and what ‘time’ has to do with it. A discussion of the notion of universal justice in relation to the question of time results in underscoring the relevance of the recurrence in time of certain juridical principles, no matter which philosophical theory of time one defends. Revisiting the history of investment law, the article shows that commentators, arbitrators and legal experts in the West invoked certain juridical principles that protected the position in the global economy of colonised protectorates and newly independent States, before investment law started to evolve as an expression of neoliberal economic ideology. The latter situation has dominated the discourse of investment law until some of these juridical principles reappeared in the calls for reform of the mechanism of Investor to State Dispute Settlement more than two decades ago, and in its actual reform. The article concludes that global law is constituted by the recurrence and timely application of juridical principles such as the State priority principle, the principle of the protection of the weak and the principle of participation in different periods of time, as these principles contribute to build a global community despite opposing forces and widespread skepticism.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Monica Garcia-Salmones Rovira\nNow and Yet Not New: Principles of Global Law in UNCITRAL Working Group III | 1 | ||
| I. Introduction | 1 | ||
| II. The Universal, Justice, and Principles of Global Law in Time | 8 | ||
| III. Back to the Past, Equity v. Lex Specialis | 13 | ||
| A. Petroleum Development (Trucial Coast) LTD and the Sheikh of Abud Dhabi | 16 | ||
| B. Brownlie on Sovereignty Versus Investors’ Rights | 18 | ||
| C. Principles of Global Law in the Legal Opinion for the German-Indonesian Tobacco Company | 18 | ||
| IV. Back to the Future: The Timeliness of Global Law Principles for the Development of International Law and in UNCITRAL | 20 | ||
| A. Global Law Principles for Underdeveloped States | 22 | ||
| B. Global Law Principles in UNCITRAL Reform | 24 | ||
| C. The State Priority Principle | 25 | ||
| D. The Principle of Protection of the Weak | 26 | ||
| E. The Principle of Participation | 27 | ||
| V. Conclusions | 28 |