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

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Duke University Press, 1992 - Law - 174 pages
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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.
  

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Contents

Introduction
1
The Atrophy of Informal
11
The Breakdown
46
NonInstitutional International Commercial
107
Changing Repairing
142
Table of Cases
167
Copyright

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About the author (1992)

W. Michael Reisman, Wesley Newcomb Hohfeld Professor of Jurisprudence at Yale Law School, is the author of numerous books, including Folded Lies: Bribery, Crusades and Reforms and Nullity and Revision: The Review and Enforcement of International Judgments and Awards.

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