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

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

by W. Michael Reisman
 

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ISBN-10: 0822312026

ISBN-13: 9780822312024

Pub. Date: 03/25/1992

Publisher: Duke University Press Books

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

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.

Product Details

ISBN-13:
9780822312024
Publisher:
Duke University Press Books
Publication date:
03/25/1992
Pages:
184
Product dimensions:
6.44(w) x 9.54(h) x 0.76(d)
Lexile:
1580L (what's this?)

Table of Contents

Contents

Preface,
1 Introduction,
2 The International Court: The Atrophy of Informal Control Mechanisms,
3 The ICSID Experiment: The Breakdown of International Institutional Control Mechanisms,
4 Non-Institutional International Commercial Arbitration: The Breakdown of the Control System of the New York Convention,
5 The System and Self: Changing, Repairing, and Reconstructing,
Notes,
Table of Cases: Arbitration,
Index,

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