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The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...
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Arbitration and adjudication aim at protecting rule-of-law, which was a life-long concern for Prof. Giorgio Bernini. The United Nations (UN) have defined ‘rule of law at national and international levels' as ‘a principle of governance in which all persons, institutions and entities,...
Persistent link: https://www.econbiz.de/10012824065
How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to ‘the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by...
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Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance for international public goods need to be changed in order to protect...
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This lecture, delivered at Copenhagen Business School on 18 November 2011, examines the legal and constitutional methodologies underlying private commercial arbitration, national, regional and worldwide adjudication in trade and investment regulation with a particular focus on ‘multilevel...
Persistent link: https://www.econbiz.de/10013090919