From a law for greed to a law for need: the underlying importance of prof. Sornorajah’s paper
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Prof. Sornarajah provides both his usual high level of insights and his usual flair for expressing them. At one level, many in the practicing bar and western academic institutions will be tempted to dismiss much of what Prof. Sornorajah says because of how he says it. In particular, it may be read by some as the last vestiges of a lament for the New International Economic Order (NIEO) as it is crushed by the neo-liberal theories of more recent international economic law. Those tempted to offer such a dismissal would be wrong to succumb to their temptation.
Rooted beneath the rhetorical flourishes that those of us fortunate enough to know Prof. Sornarajah have come to expect are the seeds and sprouts of two critical realities that observers of the evolution of international investment law must be careful to observe. The first is his disenchantment with the current state of international investment law, a disenchantment that has not always existed. Indeed. Prof. Sornarajah’s earlier work...