Schultz & Kovacs: The Law is What the Arbitrator Had for Breakfast: How Income, Reputation, Justice, and Reprimand Act as Determinants of Arbitrator Behaviour
Thomas Schultz (King’s College London – Law) & Robert Kovacs (Univ. of Geneva – Law) have posted The Law is What the Arbitrator Had for Breakfast: How Income, Reputation, Justice, and Reprimand Act as Determinants of Arbitrator Behaviour (in Selected Topics in International Arbitration – Liber Amicorum for the 100th Anniversary of the Chartered Institute of Arbitrators, J.C. Betancourt ed., forthcoming). Here’s the abstract:
This paper examines the salient incentives and constraints that the current socio-legal system of arbitration places on arbitrators. In doing so, it mirrors the main steps taken by classical law and economics studies on judicial behaviour. It takes the main types of incentives and constraints identified in these studies and applies them to the behaviour of arbitrators. The rationale of the current study is that arbitrators, like everyone else, are maximisers of their own utility. The pursuit of that maximisation influences how they decide cases. The components of their utility are determinants of their behaviour. If we better comprehend these determinants – what influences and motivates the behaviour of arbitrators – we can better understand arbitration, and the law that applies and should apply to it, and the law created by it.
Gaja & Grote Stoutenburg: Enhancing the Rule of Law through the International Court of Justice
Giorgio Gaja (Judge, International Court of Justice) & Jenny Grote Stoutenburg (International Court of Justice) have published Enhancing the Rule of Law through the International Court of Justice (Brill | Nijhoff 2014). Contents include:
• Antônio Augusto Cançado Trindade, Reflections on a century of international justice and prospects for the future
• Andreas Zimmermann, Between the quest for universality and its limited jurisdiction : the role of the International Court of Justice in enhancing the international rule of law
• Chehrazad Krari-Lahya, Cooperation and competition between the International Court of Justice and the Security Council
• Christopher Greenwood, Judicial integrity and the advisory jurisdiction of the International Court of Justice
• Hugh Thirlway, Peace, justice, and provisional measures
• Giorgio Gaja, Preventing conflicts between the court’s orders on provisional measures and Security Council resolutions
• Rosa Möhrlein, Act-dependent judicial review of Security Council and General Assembly resolutions
• Ronny Abraham, The effects of international legal obligations in domestic law in light of the judgment of the court in the Medellín case
• Mariko Kawano, Decisions of the International Court of Justice on disputes concerning internal law
• Marcelo Kohen, The Court’s contribution to determining of the content of fundamental principles of international law
• Mohamed Bennouna, The International Court of Justice : bestriding past and present
Lenzerini & Vrdoljak: International Law for Common Goods
Federico Lenzerini (Università degli Studi di Siena – Law) & Ana Filipa Vrdoljak (Univ. of Technology, Sydney – Law) have published International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Hart Publishing 2014). Here’s the abstract:
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors.
This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law.
This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
Mattli & Dietz: International Arbitration and Global Governance: Contending Theories and Evidence
Walter Mattli (Univ. of Oxford – Politics) & Thomas Dietz (Univ. of Muenster – Politics) have published International Arbitration and Global Governance: Contending Theories and Evidence (Oxford Univ. Press 2014). Contents include:
• Walter Mattli & Thomas Dietz, Mapping and Assessing the Rise of International Commercial Arbitration in the Globalization Era: An Introduction
• Alec Stone Sweet & Florian Grisel, The Evolution of International Arbitration: Delegation, Judicialization, Governance
• Ralf Michaels, Roles and Role Perceptions of International Arbitrators
• Joshua Karton, International Arbitration Culture and Global Governance
• Moritz Renner, Private Justice, Public Policy: The Constitutionalisation of International Commercial Arbitration
• Claire Cutler, International Commercial Arbitration, Transnational Governance, and the New Constitutionalism
• Thomas Dietz, Does International Commercial Arbitration Provide Efficient Contract Enforcement Institutions for Global Commerce?
• Thomas Hale, What is the Effect of Commercial Arbitration on Trade?
• Horatia Muir Watt, The Contested Legitimacy of Investment Arbitration and the Human Rights Ordeal: the Missing Link