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In today’s global economy, services make up a significant part of trade flows between countries. These include particularly dynamic sectors such as finance and the digital economy. The General Agreement on Trade in Services (GATS) sets out the multilateral rules of world trade law for trade in services – the essential framework for understanding how international law liberalises the exchange of services between WTO Members. In this volume, renowned scholars and practitioners explain the rules of the GATS in detail, including a comprehensive and up-to-date analysis of WTO jurisprudence and scholarship.

The 2016 icsid award in Urbaser v. Argentina affirmed for the first time the possibility of a counterclaim in investment arbitration based on an international investor obligation under the human right to water. But to denounce a break-through and fundamental change in both international investment and human rights law would be premature. This article deconstructs the award’s reasoning and sheds light on its doctrinal fallacies, in particular the award’s unclear construction of the integration of a human rights obligation into investment arbitration and its misled argumentation on the existence of an international human rights obligation of private actors under the human right to water. Concluding that the award cannot be sustained under the current state of international law, the article then reflects on the potential of the award’s conception of human rights counterclaims for the future of international investment law and international human rights law.

Open Access
In: Brill Open Law
Participation of concerned actors and the public is a central element in the legal regulation of science and technology. In constitutional democracy, these participatory forms are governed by the rule of law. The volume critically examines participatory governance in this realm and makes suggestions with respect to further institutional and political-cultural developments. It assembles contributions of a broad interdisciplinary range within a comparative research programme, opening the black box of participatory governance in legal procedure. The contributions are the result of almost a decade of fruitful discussion between he authors. They also demonstrate the potential of a cross-disciplinary approach that stretches from sociology, via political science and jurisprudence to hermeneutics, linguistics and conversation analysis.

Contributors are Gabriele Abels, Matthias Baier, Alfons Bora, Elena Collavin, Heiko Hausendorf, Zsuzsanna Iványi, András Kertész, Les Levidow, Kornélia Marinecz, Peter Münte, Patrick O’Mahony, Giuseppe Pellegrini, and Henrik Rahm.