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community

Overview page. Subjects: Social Sciences — Arts and Humanities.

Many sociological and anthropological definitions exist, but most tend to privilege some combination of small-scale, relative boundedness, strong affective ties, traditionalism, and...

See overview in Oxford Index

8 Settlement Of Investor–State Disputes

Norah Gallagher and Wenhua Shan.

in Chinese Investment Treaties

March 2009 .

Chapter. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 82 pages. 40537 words.

The dispute-resolution provisions in bilateral investment treaties (BITs) have become the “ultimate” investor protection in modern investment treaties. This chapter reviews the different...

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The Hybrid Foundations of Investment Treaty Arbitration

Zachary Douglas.

Journal Article. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 74800 words.

This article analyses several aspects of the law applicable to the procedure of investment treaty arbitration, which are then applied to the specific question of the governing legal regime...

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Dealing in Power: Gatekeepers in Arbitrator Appointment in International Commercial Arbitration

Magdalene D’Silva.

in Journal of International Dispute Settlement

November 2014; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14655 words.

This article critically analyses arbitrator appointment in institutionally administered international commercial arbitration, by using Cotterrell’s ‘Law and Community’ socio-legal method to...

Holding States Responsible for Terrorism before the International Court of Justice

Kimberley N. Trapp.

in Journal of International Dispute Settlement

July 2012; p ublished online June 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11676 words.

State sponsored or supported terrorism has long been a feature of modern international relations, but responsibility for such activities is rarely invoked or established successfully. One...

Gazing at the Crystal Ball (again): State Immunity and Jus Cogens beyond Germany v Italy

Andrea Bianchi.

in Journal of International Dispute Settlement

November 2013; p ublished online July 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 10631 words.

This article analyses the rhetorical structure of the International Court of Justice’s (ICJ) decision in the Germany v Italy case. The author maintains that in all likelihood the ICJ’s...

New Clothes for the Emperor? Consultation of Experts by the International Court of Justice

Caroline E. Foster.

in Journal of International Dispute Settlement

March 2014; p ublished online August 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 19453 words.

Calls for the International Court of Justice to be more ready to seek the advice of independent scientific experts under Article 50 of the Court’s Statute are gaining momentum following the...

The Evolution of International Arbitration as an Academic Field

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. 918 words.

Enforcing Judgments of International Courts in National Courts

Richard Frimpong Oppong and Lisa C. Niro.

in Journal of International Dispute Settlement

July 2014; p ublished online January 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 13789 words.

The issue whether a national court can enforce or give effect to remedies provided by an international court has not received adequate attention from public and private international...

Of Correct Views on Law Without the State

Thomas Schultz.

in Journal of International Dispute Settlement

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 944 words.

The Prevention Principle: A Pragmatic Framework to Prevent Destructive Conflict

Daniel Shapiro and Adam Kinon.

in Journal of International Dispute Settlement

August 2010; p ublished online September 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 4778 words.

When should the United Nations, the United States or the European Union intervene in foreign conflicts? Should they intervene at all or would another entity be in a better position to do...

Soft Law in International Arbitration: Codification and Normativity

Gabrielle Kaufmann-Kohler.

in Journal of International Dispute Settlement

August 2010; p ublished online August 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 8644 words.

In this article, the author examines the codification of soft law in arbitration and its consequences. In her analysis, the author discusses the identity of the actors creating such ‘soft...

The Problem of Accommodating Indigenous Land Rights in International Investment Law

Mihail Krepchev.

in Journal of International Dispute Settlement

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 15474 words.

This article deals with the interactions between rights accorded to indigenous peoples to their ancestral land and the system of protection of international investment law. The nature of...

Doing Law and Thinking about Law

Thomas Schultz.

in Journal of International Dispute Settlement

July 2013; p ublished online June 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 597 words.

A Taxonomy of International Rule of Law Institutions

Cesare P.R. Romano.

in Journal of International Dispute Settlement

February 2011; p ublished online February 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14700 words.

This article revises and updates a seminal article written by the author in 1998, which was the first attempt to tally how many and what kind of international courts and tribunals existed...

Consumer Arbitration in the EU: A Forced Marriage with Incompatible Expectations

Maud Piers.

in Journal of International Dispute Settlement

February 2011; p ublished online December 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 10628 words.

This article explores the way in which the European Union (EU) legal order interacts—or maybe rather ‘collides’—with the world of arbitration. The EU invariably refuses to consider...

The Abyei Arbitration and the Use of Arbitration to Resolve Inter-state and Intra-state Conflicts

Wendy J. Miles and Daisy Mallett.

in Journal of International Dispute Settlement

August 2010; p ublished online September 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12181 words.

Starting from the experience of the so-called Abyei Arbitration—which concerned Sudan’s highly political and emotive situation of the delimitation of the country’s oil-rich Abyei region—the...

Editorial

Thomas Schultz.

in Journal of International Dispute Settlement

March 2016; p ublished online January 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 973 words.

Experts in WTO Dispute Settlement

Gabrielle Z. Marceau and Jennifer K. Hawkins.

in Journal of International Dispute Settlement

November 2012; p ublished online October 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 8179 words.

This article offers an overview of the procedural and substantive issues that concern the use of experts by World Trade Organization (WTO) panels, ie the WTO tribunals of first instance...

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...

The ASEAN Protocol on Dispute Settlement Mechanisms: An Appraisal

Gino J Naldi.

in Journal of International Dispute Settlement

March 2014; p ublished online January 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18354 words.

As ASEAN continues to build a more integrated, cohesive and coherent regional presence it must put in place the necessary structures to meet and better manage a wide range of challenges....