| Titre : | The evolution of international arbitration : judicialization, governance, legitimacy |
| Auteurs : | Alec Stone Sweet, Auteur ; Florian Grisel, Auteur |
| Type de document : | Ouvrages |
| Editeur : | Oxford University Press, 2017 |
| ISBN/ISSN/EAN : | 978-0-19-873972-2 |
| Format : | 1 vol. (261 p.) / ill. / 24 cm |
| Langues: | Anglais |
| Catégories : |
[Eurovoc] ÉCHANGES ÉCONOMIQUES ET COMMERCIAUX > commerce international |
| Résumé : | Note de l'éditeur : "The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. The book shows that international arbitration has undergone, over the past century, a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high-stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty-makers) and national judges (as enforcers of arbitral awards) have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order’s reach and effectiveness. Arbitration’s very success has raised serious questions about its legitimacy as a mode of transnational governance. The book provides a theory of judicialization, data collection, and analysis, and an overview of the evolution of the arbitral order. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates; and proposals for systemic reform." |
| Note de contenu : |
1 Judicialization and Arbitral Governance
2 The Evolution of the Arbitral Order 3 Procedures and Hierarchy 4 Precedent and Appeal 5 Balancing and the Public Interest 6 Legitimacy and Reform |
Exemplaires (1)
| Code-barres | Cote | Support | Localisation | Section | Disponibilité |
|---|---|---|---|---|---|
| 004969 | OA 1057 | Livre | Centre de documentation du CERDI / Ecole d'Economie | Salle de lecture | Disponible |
