Search Results

You are looking at 1 - 10 of 2,234 items for :

  • All : The Private-Public Law Divide in International Dispute Resolution x
Clear All
Restricted Access


Burkhard Hess

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.
Restricted Access

Académie de Droit International de la Ha

The Law Governing International Commercial Contracts: Hard Law Versus Soft Law by Michael Joachim Bonell
The Private-Public Divide in International Dispute Resolution by Burkhard Hess
Restricted Access

Edited by Joachim Zekoll, Moritz Bälz and Iwo Amelung

Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts.

Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Restricted Access

Caroline Breton

Grotius Centre for International Legal Studies at Leiden University, forms part of a three-year Veni research project, under a grant provided by the Netherlands Organization for Scientific Research, entitled “Resolution of Contemporary Investment Disputes: Conciliating Private Rights and Public Interests

Restricted Access

Vasyl Chornyi

in the dispute settlement procedures of the World Trade Organisation (WTO) and international investment law. The text of the volume is divided into seven chapters that vigorously investigate the various facets of transparency in international trade and investment dispute settlement. The first

Restricted Access


Various Authors & Editors

Brill´s International Law E-Books Online, Collection 2016 is the electronic version of the book publication program of Brill in the field of International Law in 2016.

Public International Law, Law of the Sea, International Trade Law, International Labour Law, Environmental Law, European Law, International Relations, International Organizations , Terrorism, Legal History, Islamic Law

This E-Book Collection is part of Brill´s International Law E-Books Online Collection.

The 2016 title list can be found here.

Free MARC records are available for download at

For other pricing options, consortium arrangements and free 30-day trials contact us at (the Americas) or (Europe, Middle East, Africa & Asia-Pacific).
Restricted Access


Charlotte Hille

State building processes in the Caucasus are influenced by the culture of the Caucasus, and previous experiences with state building after World War I. The conflicts which erupted at the time have influenced territorial claims. The role of foreign powers as Russia, the United States, Turkey, Germany is considerable in the region. Divide and rule policy of Joseph Stalin is another factor which describes existing animosities between peoples in the Caucasus. Since 1989 a transition process, or state building process, has started in the North and the South Caucasus. This book gives an in-depth analysis of the backgrounds of the conflicts, including activities by IGO's and NGOs, and the developments in international law with regard to state building practice.
Restricted Access

Ahmad Ali GHOURI

-to-state relationship giving locus standi to private persons to bring disputes against states in supra national tribunals parallel to that of a state portrays the IlL as a hybrid of private and public international law. This hybrid nonetheless attracts the application of domestic law of the host state by virtue of the

Open Access

Edward Guntrip

September 2017. 1 Introduction International investment law ( iil ) blends concepts of public and private. 1 The merger of these notions in iil is illustrated by some of the public/private interactions that arise when water supply and sanitation services are privatized and operated by foreign

Restricted Access

Loukas Mistelis

248 Conference Scene / Le tour des conférences International Law Association – London Conference (2000) Committee on International Commercial Arbitration “Keeping the Unruly Horse in Control” or Public Policy as a Bar to Enforcement of (Foreign) Arbitral Awards DR. LOUKAS MISTELIS* Public