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American Philosophical Society x Private International Law and Conflict of Laws x clear all

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American Philosophical Society

Overview page. Subjects: United States History.

First scientific society in America, founded at Philadelphia (1743) by Franklin, its first president. His successors were Rittenhouse and Jefferson. The Society issues Transactions,...

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Harmonization of contract law in Latin America: past and present initiatives

Rodrigo Momberg.

in Uniform Law Review

August 2014; p ublished online August 2014 .

Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 8646 words.

This article provides a description of the past and current initiatives on the harmonization of contract law in Latin America. Private international law instruments of unification are...

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Too big to trial? Lessons from the Urgenda case

Marc A Loth.

in Uniform Law Review

June 2018; p ublished online April 2018 .

Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 8987 words.

Abstract

Is climate change too big to trial? Is tort law adjudication capable of dealing with a huge public interest like climate change? The answer to these...

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Toward a harmonized framework for international regulation of renewable energy

Tedd Moya Mose.

in Uniform Law Review

June 2018; p ublished online May 2018 .

Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 10633 words.

Abstract

This article explores ways in which there may be some coherence in the international framework for renewable energy. It proposes harmonization of this...

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Data, Transboundary Flow, International Protection

Peter Malanczuk.

Reference Entry. Subjects: Private International Law and Conflict of Laws; Public International Law; International Law; Law. 7477 words.

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Philosophical-Policy and International Dispute Settlement: Process↹Principle and the Ascendance of the WTO's Concept of Justice

John Martin Gillroy.

in Journal of International Dispute Settlement

March 2012; p ublished online December 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 15468 words.

Philosophical-policy and legal design is an approach to dispute settlement that transcends positivism and legal realism through the integration of legal practice with philosophical method...

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Early 19th Century, 1789-1870

Raymond Kubben.

in International Law

P ublished online October 2013 .

Article. Subjects: International Law; International Courts and Tribunals; Private International Law and Conflict of Laws; Public International Law. 18257 words.

This article provides a bibliography with reading suggestions for anyone interested in international law in thought and practice throughout the early 19th century, which is stretched...

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Arbitration as an iPhone, or Why Conduct Academic Research in Arbitration?

Thomas Schultz.

in Journal of International Dispute Settlement

August 2011; p ublished online September 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 3399 words.

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The Twelfth Camel, or the Economics of Justice

François Ost.

in Journal of International Dispute Settlement

August 2011; p ublished online July 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9598 words.

In this article, the author takes us through 12 readings of an ancient parable about justice—the story of an old Bedouin in the desert who drafts a curious testament for the distribution of...

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Part III The Limitations and Role of the Persistent Objector Rule, 9 The Role and Value of the Persistent Objector Rule

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 35 pages. 19968 words.

This chapter examines the ‘role’ or ‘value’ of the persistent objector rule. Firstly, the chapter sets out and critiques the voluntarist conception of the persistent objector rule in more...

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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

August 2011; p ublished online August 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 4610 words.

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...

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Understanding the ‘Authority’ of International Tribunals: A Reply to Professor Jan Paulsson

Julio César Betancourt.

in Journal of International Dispute Settlement

July 2013; p ublished online March 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11954 words.

This article critically examines some of the arguments raised by Jan Paulsson in his 2009 Lalive lecture with respect to the power of international arbitral tribunals to consider whether...

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Part III The Limitations and Role of the Persistent Objector Rule, 7 Peremptory Norms and Persistent Objection

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 19 pages. 11052 words.

This chapter opens the third part of this book. The text here turns to the limitations and role of the persistent objector rule. This chapter begins by examining the commonly advanced...

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Saying Credibly What the Law Is: On Marks of Authority in International Law

Fuad Zarbiyev.

in Journal of International Dispute Settlement

May 2018; p ublished online April 2018 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 13772 words.

ABSTRACT

It is no longer contested that statements of international law issued by various international actors play an important part in shaping the content of...

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Arbitral Decision-Making: Legal Realism and Law & Economics

Thomas Schultz.

in Journal of International Dispute Settlement

July 2015; p ublished online June 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11459 words.

As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What...

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Introduction

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 18 pages. 10017 words.

The Introduction starts by outlining the main purpose of this book, which is to examine the persistent objector rule in international law. This rule, which is a core aspect of mainstream...

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Part II The Criteria for the Operation of the Persistent Objector Rule, 3 The Objection Criterion

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 32 pages. 18422 words.

The second part of this book turns towards the way in which the persistent objector rule functions and the various criteria for its operation. This chapter begins with an analsys of waht...

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The Emergence of a Doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice: Fragmentation or Pluralism of International Law?

Jason Haynes.

in Journal of International Dispute Settlement

November 2014; p ublished online June 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 20207 words.

While the doctrine of stare decisis has in general received a great deal of scholarly attention over the years, one aspect of the norm which has been the subject of little, if any,...

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Sovereigns, Sterling and ‘Some Bastards too!’: Brexit Seen from Shakespeare’s King John

Gary Watt.

in Journal of International Dispute Settlement

March 2018; p ublished online February 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11780 words.

ABSTRACT

2016 marks the 800th anniversary of the death of King John and the 400th anniversary of the death of William Shakespeare. The premise of this article...

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