Académie de Droit International de la Ha
The Private-Public Divide in International Dispute Resolution by Burkhard Hess
Edited by Joachim Zekoll, Moritz Bälz and Iwo Amelung
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.
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
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
Various Authors & Editors
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
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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
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
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