Books > Law > International law > Settlement of international disputes > International arbitration
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International Arbitration and Global Governance - Contending Theories and Evidence (Paperback)
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International Arbitration and Global Governance - Contending Theories and Evidence (Paperback)
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Most literature on international arbitration is practice-oriented,
technical, and promotional. It is by arbitrators and largely for
arbitrators and their clients. Outside analyses by non-participants
are still very rare. This book boldly steps away from this
tradition of scholarship to reflect analytically on international
arbitration as a form of global governance. It thus contributes to
a rapidly growing literature that describes the profound economic,
legal, and political transformation in which key governance
functions are increasingly exercised by a new constellation that
include actors other than national public authorities. The book
brings together leading scholars from law and the social sciences
to assess and critically reflect on the significance and
implications of international arbitration as a new locus of global
private authority. The views predictably diverge. Some see the
evolution of these private courts positively as a significant
element of an emerging transnational private legal system that
gradually evolves according to the needs of market actors without
much state interference. Others fear that private courts allow
transnational actors to circumvent state regulation and create an
illegitimate judicial system that is driven by powerful
transnational companies at the expense of collective public
interests. Still others accept that these contrasting views serve
as useful starting points of an analysis but are too simplistic to
adequately understand the complex governance structures that
international arbitration courts have been developing over the last
two decades. In sum, this book offers a wide-ranging and up-to-date
analytical overview of arguments in a vigorous nascent
interdisciplinary debate about arbitration courts and their
exercise of private governance power in the transnational realm.
This debate is generating fascinating new insights into such
central topics as legitimacy, constitutional order and justice
beyond classical nation state institutions.
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