Systems of Control in International Adjudication and Arbitration: Breakdown and Repair

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Overview

In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration—a method of alternative, private, and relatively unsupervised dispute resolution—and shows how these controls have broken down.
Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others.
Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.

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Editorial Reviews

Booknews
The history and the overall concepts of SNA are first described; subsequently each layer is treated in depth without going into too much detail. A description of the token ring is included in the data link control chapter. Path control, with advanced functions in virtual route and explicit route control, is the major layer that transports messages through an SNA network. Its flow control mechanism is extensively discussed. Acidic paper. Reisman (international law, Yale U.) examines the controls that govern the informal methods of dispute resolution between national governments, and shows how they have broken down. Within three frameworks, the International Court, the World Bank, and the New York Convention of 1958, he cites several cases, some of which he took part in. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780822312024
  • Publisher: Duke University Press
  • Publication date: 3/28/1992
  • Pages: 146
  • Lexile: 1580L (what's this?)
  • Product dimensions: 6.44 (w) x 9.54 (h) x 0.76 (d)

Meet the Author

W. Michael Reisman, Wesley Newcomb Hohfeld Professor of Jurisprudence at Yale Law School, is the author of numerous books, including Folded Lies: Bribery, Crusades and Reforms and Nullity and Revision: The Review and Enforcement of International Judgments and Awards.

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Table of Contents

Preface
1 Introduction 1
Control Systems 1
Judicial Control Systems 3
Control Systems in International Arbitration 5
Policy Considerations 7
2 The International Court: The Atrophy of Informal Control Mechanisms 11
The Historical Background 11
Restrictive Jurisdiction as an Internal Control Mechanism 14
The Demise of Restrictive Jurisdiction and the Rise of the "New" Jurisdiction 19
The Court Becomes Its Own Control 25
Implications of the Demise of the Presumption of Confinement 27
The Breakdown of Case Law as a Control 31
Conclusion 41
3 The ICSID Experiment: The Breakdown of International Institutional Control Mechanisms 46
The Background of ICSID 46
Klockner: Arbitral Review Amok 51
AMCO and the Effort to Repair the ICSID Control Function 66
AMCO II 74
MINE v. Guinea 79
ICSID Control Out of Control: Some Recommendations 86
Repairing the Breach in the ICSID Control System 87
Institutional Alternatives for Closing the Breach 103
Conclusion 106
4 Non-Institutional International Commercial Arbitration: The Breakdown of the Control System of the New York Convention 107
The Public International Infrastructure of Arbitration 107
The Control Scheme of the New York Convention 109
Forms of Breakdown of Control 120
An Aggravating Factor: Lex Mercatoria 134
Conclusion 139
5 The System and Self: Changing, Repairing, and Reconstructing 142
Notes 147
Table of Cases 167
Index 169
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