the evolution of international arbitration judicialization governance legitimacy

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The Evolution Of International Arbitration

Author : Leitner Professor of International Law Politics and International Studies Alec Stone Sweet
ISBN : 9780198739722
Genre :
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The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

Global Business Associations

Author : Karsten Ronit
ISBN : 9781317336228
Genre : Political Science
File Size : 65. 50 MB
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Global business tends to be perceived as a number of individual but powerful multinational corporations, capable of controlling markets and influencing political decisions; in fact, global business is highly organized through a plethora of associations that bring together competing companies and conflicting national businesses. Indeed, global business associations have a long history and, with accelerated globalization, further opportunities emerge for unified business action. This book fills a significant gap in the current literature, examining the pivotal role of global business associations and providing a concise and accessible overview of their different functions in a range of institutional contexts. Beginning by clarifying the concept of global business associations, the author puts their role into a historical and contemporary context in which their economic, social and political functions are sketched. Their historical origin is outlined, including the proliferation of global associations in the twentieth and twenty-first centuries. He then moves on to explore and analyse the different types of actors, explaining key categories and their place in the organization of global business with chapters on peak associations (e.g. ICC and WEF), industry associations, alliances, as well as clubs and think tanks, and facilitators. Covering the history, current role and future evolution of this dynamic category of associations, this work will be essential reading for students and scholars of international political economy, international relations, international organizations and global governance.

A Cosmopolitan Legal Order

Author : Alec Stone Sweet
ISBN : 9780192559166
Genre : Law
File Size : 85. 65 MB
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In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

International Arbitration And Global Governance

Author : Walter Mattli
ISBN : 9780191026133
Genre : Political Science
File Size : 75. 44 MB
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Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.

Practising Virtue

Author : Abby Cohen Smutny
ISBN : 9780198739807
Genre : Arbitration (International law)
File Size : 39. 17 MB
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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law. In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration. Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.

Demokratie Als Teleologisches Prinzip

Author : Niels Petersen
ISBN : 9783540921738
Genre : Law
File Size : 55. 65 MB
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Nach dem Ende des Kalten Krieges konnte eine neue Welle der Demokratisierung beobachtet werden. Gleichzeitig begann in der Rechtswissenschaft die Diskussion darüber, welche Rolle das Völkerrecht in diesem Prozess spielt. Der Autor geht der Frage nach, ob Demokratie für jeden Staat tatsächlich die ideale Staatsform ist. Er untersucht dabei Ansätze in der politikwissenschaftlichen Demokratie- und Demokratisierungstheorie und versucht diese Erkenntnisse für die völkerrechtliche Dogmatik fruchtbar zu machen.

Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780191038709
Genre : Law
File Size : 42. 21 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

The Judicialization Of International Law

Author : Andreas Follesdal
ISBN : 9780198816423
Genre : Law
File Size : 20. 81 MB
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The influence of international courts is ubiquitous, covering areas from the law of the sea to international criminal law. This judicialization of international law is often lauded for bringing effective global governance, upholding the rule of law, and protecting the right of individuals. Yet at what point does the omnipresence of the international judiciary shackle national sovereign freedom? And can the lack of political accountability be justified? Follesdal and Ulfstein bring together the creme de la creme of the legal academic world to ask the big questions for the international judiciary: whether they are there for mere dispute settlement or to set precedent, and how far they can enforce international obligations without impacting on democratic self-determination.

Abschiede Vom Unrecht

Author : Joachim Rückert
ISBN : 3161541367
Genre : Law
File Size : 51. 68 MB
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English summary: The task of parting with injustice still dominates today's study of contemporary legal history following the end of World War II. This volume offers 19 studies in three sections covering appraisal, methodological and constitutional change as well as alternatives, wherein philosophy and history of science and methodology, general and legal history are all put into context. Rather than stressing once more the political use of the past in general and legal history, the book seeks to raise awareness and free them from their political shackles. German description: Der vorliegende Band versammelt 19 Studien: Bilanzen, Methoden- und Verfassungswandel, Alternativen. Darin untersucht Joachim Ruckert die Rechts- und Zeitgeschichte als Wissenschaft, Schlusselbereiche wie Richterrecht, Abwagung als neueren Methodenprimus und die Legenden zur juristischen Methodengeschichte, umstrittene Phanomene wie die rechtliche Beseitigung des Deutschen Reiches 1945, die Frage einer "zweiten Schuld" unserer Vater, die NS-Verarbeitung durch Justiz und erstmals aus den Personalakten auch die NS-Belastung des Bundesjustizministeriums. Als "Alternativen" bedacht werden die Hessische Verfassung von 1946, die DDR-Justiz, die Sozialstaatsjurisprudenz nicht erst seit 1945, die disparate Transformation der Diktaturen in Europa, die neue Juristenausbildung 1974-84, der grosse Wandel in Sachen Mitbestimmung und nicht zuletzt die starke Einseitigkeit unserer "grossen Erzahlungen" der Rechtsgeschichte. Kritisch betont der Autor die gangige Vergangenheitspolitik nicht nur im Rechtsgeschichtsfach. Aus deren Fesseln zu befreien ist sein Anliegen.

Common Law

Author : Oliver Wendell Holmes
ISBN : 3428121511
Genre : Common law
File Size : 88. 39 MB
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