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International Arbitration and Global Governance: Contending Theories and Evidence

International Arbitration and Global Governance: Contending Theories and Evidence

Author: Walter Mattli; Thomas Dietz
Publisher: Oxford University Press
ISBN: 9780198798675

Published In: February 2017
Format: Paperback , 272 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780198716723

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Description
Contents
Author

Details

Includes some of the most eminent scholars on international arbitration and global governance
Offers a comprehensive mapping of a key phenomenon: Global Private Justice
Brings together contending theoretical perspectives

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.

Readership: Scholars and students of international relations, international political economy, international law, and regulation

1: Walter Mattli and Thomas Dietz: Mapping and Assessing the Rise of International Commercial Arbitration in the Globalization Era: An Introduction
2: Alec Stone Sweet and Florian Grisel: The Evolution of International Arbitration: Delegation, Judicialization, Governance
3: Ralf Michaels: Roles and Role Perceptions of International Arbitrators
4: Joshua Karton: International Arbitration Culture and Global Governance
5: Moritz Renner: Private Justice, Public Policy: The Constitutionalisation of International Commercial Arbitration
6: Claire Cutler: International Commercial Arbitration, Transnational Governance, and the New Constitutionalism
7: Thomas Dietz: Does International Commercial Arbitration Provide Efficient Contract Enforcement Institutions for Global Commerce?
8: Thomas Hale: What is the Effect of Commercial Arbitration on Trade?
9: Horatia Muir Watt: The Contested Legitimacy of Investment Arbitration and the Human Rights Ordeal: the Missing Link

Walter Mattli joined Oxford University in 2004 and previously taught at Columbia University. He received a Ph.D. from the University of Chicago in 1994. His publications include The Logic of Regional Integration: Europe and Beyond (1999), The Politics of Global Regulation (2009; co-edited with N. Woods), The New Global Rulers: The Privatization of Regulation in the World Economy awarded the 2012 Best Book Award of the International Studies Association (2011, co-authored with T. Büthe), Institutional Choice and Global Commerce (2013, co-authored with J. Jupille & D. Snidal) as well as articles on European legal integration, EU enlargement, comparative regional integration, international commercial dispute resolution, transatlantic regulatory cooperation, and globalization and international governance. He is Professor of International Political Economy in the Department of Politics and International Relations at Oxford University and Fellow of St. John's College, Oxford.

Thomas Dietz has spent two years as postdoctoral researcher at the University of Oxford Law Faculty and Wolfson College. He is Assistant Professor in Politics and Law at the University of Muenster, Germany.

Contributors:

Walter Mattli is Professor of International Political Economy and Fellow of St. John's College, University of Oxford
Thomas Dietz is Associate Professor in Politics and Law, University of Muenster and Research Fellow at Wolfson College, Faculty of Law, University of Oxford
Jan Paulsson is Michael Klein Distinguished Scholar Chair, University of Miami, and President of the International Council for Commercial Arbitration
Alec Stone Sweet is Leitner Professor of Law, Politics, and International Studies at Yale Law School
Florian Grisel is Research Fellow, Centre National de la Recherche Scientifique (CNRS), Université Paris Ouest Nanterre La Défense and Associate, Litigation, International Arbitration, Dechert LLP, Paris
Ralf Michaels is Arthur Larson Professor at Duke Law School
Joshua Karton is Assistant Professor at Queen's University, Faculty of Law
Moritz Renner is Lichtenberg Professor for Transnational Economic Law and Theory at the University of Bremen
Claire A. Cutler is Professor of International Law and International Relations at the Department of Political Science, University of Victoria
Thomas Hale is Research Fellow at the Blavatnik School of Government, University of Oxford
Horatia Muir Watt is Full Professor at Sciences Politiques and Director of the Centre for Global Business Law and Governance