Journal Article

A Fuller Concept of Law Beyond the State? Thoughts on Lon Fuller’s Contributions to the Jurisprudence of Transnational Dispute Resolution—A Reply to Thomas Schultz

Ralf Michaels

in Journal of International Dispute Settlement

Volume 2, issue 2, pages 417-426
Published in print August 2011 | ISSN: 2040-3585
Published online August 2011 | e-ISSN: 2040-3593 | DOI: https://dx.doi.org/10.1093/jnlids/idr007
A Fuller Concept of Law Beyond the State? Thoughts on Lon Fuller’s Contributions to the Jurisprudence of Transnational Dispute Resolution—A Reply to Thomas Schultz

More Like This

Show all results sharing these subjects:

  • Arbitration
  • Private International Law and Conflict of Laws
  • Public International Law
  • Settlement of Disputes

GO

Show Summary Details

Preview

This article comments on Thomas Schultz’s argument that, if we want to think of international arbitration as a separate legal order, then we should submit it to some of the usual criteria used to assess the normative quality of a normative system, in particular Lon Fuller’s take of the rule of law. This reply explores additional reflections on what Lon Fuller’s work could contribute to the jurisprudence of transnational dispute resolution, drawing on Fuller’s writings on customary law (or ‘implicit law’ in Fuller’s terminology) and on the function of dispute resolution. The article ends by asking whether the law created by regimes of transnational dispute resolution is not of a fundamentally different nature than the law we find in states, and is thus subject to different criteria of legitimacy.

Journal Article.  4610 words. 

Subjects: Arbitration ; Private International Law and Conflict of Laws ; Public International Law ; Settlement of Disputes

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or purchase to access all content.