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Moïse Mbengue, Makane --- "The economic judgments and arbitral awards: the contribution of international courts and tribunals to the development of international economic law" [2017] ELECD 367; in Schabas, A. William; Murphy, Shannonbrooke (eds), "Research Handbook on International Courts and Tribunals" (Edward Elgar Publishing, 2017) 122

Book Title: Research Handbook on International Courts and Tribunals

Editor(s): Schabas, A. William; Murphy, Shannonbrooke

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781005019

Section: Chapter 4

Section Title: The economic judgments and arbitral awards: the contribution of international courts and tribunals to the development of international economic law

Author(s): Moïse Mbengue, Makane

Number of pages: 21

Abstract/Description:

This chapter will take a court-by-court approach to examine how international courts and tribunals have contributed to developing principles and rules of international economic law. These courts and tribunals contribute to the development of international economic law in two ways. They may contribute through the adjudication of purely economic disputes, like those handled at the World Trade Organization and in investment arbitration. They may also contribute on a more general level through adjudicating disputes that are not purely economic but expressly contain human rights and sustainable development claims, like those before the International Court of Justice and the Permanent Court of Arbitration. The jurisprudence emerging from these courts and tribunals has contributed to developing principles of international economic law that will be examined and then assessed in turn. The first general pronouncements on international economic law came from the Permanent Court of International Justice. This Court dealt with freedom of trade and navigation from the very inception of international adjudication. Cases like the Oscar Chinn Case demonstrate that many principles of international economic law have been at the forefront of international law for over a century now. At the outset, the Permanent Court of International Justice made important pronouncements on the standard of equality in the treatment of aliens and freedom of trade and navigation that played an important role in the development of the law, and have left their impact on the general principles of international economic law.