The Private Public Law Divide In International Dispute Resolution
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The Private Public Law Divide In International Dispute Resolution
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Author : Burkhard Hess
language : en
Publisher: BRILL
Release Date : 2019-03-25
The Private Public Law Divide In International Dispute Resolution written by Burkhard Hess and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.
The Private Public Divide In International Dispute Resolution
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Author : Burkhard Hess
language : en
Publisher: Brill - Nijhoff
Release Date : 2018
The Private Public Divide In International Dispute Resolution written by Burkhard Hess and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Dispute resolution (Law). categories.
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.
The Oxford Handbook Of International Arbitration
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Author : Thomas Schultz
language : en
Publisher:
Release Date : 2020
The Oxford Handbook Of International Arbitration written by Thomas Schultz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
The Oxford Handbook of International Arbitration, A team of leading experts from across academia and practice provide an authoritative account of international arbitration, Discussion ranges from the practicalities of how arbitration technically works, to big picture analysis of the forces that underpin it, Incorporates insights from a range of disciplines beyond law, including history, sociology, literature, and economics Book jacket.
Crypto Economy And International Law
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Author : Matthias Lehmann
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2025-07-21
Crypto Economy And International Law written by Matthias Lehmann and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-21 with Law categories.
The blockchain is the world’s first truly global mechanism for the transfer and storage of value. The distribution of its nodes all around the world and the resulting ‘omniterritorial’ nature of the blockchain create enormous challenges for the law. This book discusses the technological and philosophical underpinnings of the new crypto phenomena. It describes the varying approaches of regulators of different states to capture these phenomena with traditional or new rules. It also addresses the difficulties in determining the applicable private law, in particular the property rules governing virtual assets. The book showcases the conflicts, issues and problems that result from overlapping national rules and suggests avenues for their solution.
China And International Dispute Resolution In The Context Of The Belt And Road Initiative
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Author : Wenhua Shan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
China And International Dispute Resolution In The Context Of The Belt And Road Initiative written by Wenhua Shan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Business & Economics categories.
The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Common Values And The Public Private Divide
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Author : Dawn Oliver
language : en
Publisher: Cambridge University Press
Release Date : 1999-08-01
Common Values And The Public Private Divide written by Dawn Oliver and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-01 with Law categories.
This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.
Research Handbook On International Procedural Law
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Author : Joanna Gomula
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-05
Research Handbook On International Procedural Law written by Joanna Gomula and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-05 with Law categories.
This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.
Applying Municipal Law In International Disputes
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Author : Paul B. Stephan
language : en
Publisher: BRILL
Release Date : 2024-03-04
Applying Municipal Law In International Disputes written by Paul B. Stephan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-04 with Law categories.
The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
The Settlement Of Disputes Involving International Organizations
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Author : August Reinisch
language : en
Publisher: BRILL
Release Date : 2025-07-31
The Settlement Of Disputes Involving International Organizations written by August Reinisch and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-31 with Law categories.
Disputes involving international organizations arise on both the international level as well as the level of domestic law. These range from headquarters issues between States and international organizations to disputes between members, as well as non-members, and international organizations which are settled before such diverse mechanisms as WTO, ITLOS or regional international economic organization adjudication or arbitration. In addition, negotiation, mediation and fact-finding as non-adjudicatory means of dispute settlement may be resorted to. The more frequently arising disputes with private parties may be settled before international courts, administrative tribunals, arbitral tribunals and even national courts, although the role of the latter is usually more limited because of the jurisdictional immunity regularly enjoyed by international organizations. Based on an empirical overview of dispute settlement, policy issues like access to justice, the limited jurisdiction of courts and tribunals, due process and adequate mechanisms of dispute settlement are discussed, and some recommendations are made.