Legal Institutions as Social Feedback Mechanisms: Rethinking Treaty Reform through Asian Models of Judicial–Legislative Interaction
The growing inability of international investment law to address pressing social inequalities reveals a structural disjunction between legal norm production and the evolving demands of global society. This article examines how institutional design can serve as a conduit for integrating social feedback into international economic law, particularly through comparative insights drawn from Asian legal systems. Using a law-and-society framework, the paper explores how selected jurisdictions—such as China and Japan—demonstrate a distinctive mode of judicial–legislative interaction, wherein courts provide interpretive input without displacing legislative authority. This model facilitates legal adaptation in response to social change, while maintaining coherence with sovereign decision-making structures.
Building on this institutional logic, the article reimagines sovereign states as active legislative agents in international treaty reform, rather than as passive subjects of international adjudication. It proposes a feedback-based model of treaty evolution in which domestic legal interpretation and adjudicative outcomes inform international legal development through structured state engagement. Particular attention is given to the treatment of property rights—a core component of investment law—highlighting how Asian jurisdictions embed social values into economic rights in ways that challenge liberal orthodoxy.
This comparative institutional perspective contributes to broader debates on the legitimacy and adaptability of international investment regimes. It suggests that integrating pluralist and socially grounded legal traditions—rather than relying solely on formalist or universalist approaches—can enhance the normative responsiveness of investment law. By conceptualizing legal institutions as mediators between international norms and domestic social demands, this article offers a reform-oriented framework grounded in both empirical practice and theoretical insight.