International Arbitration and Judicial Politics in Authoritarian States

2014 ◽  
Vol 39 (01) ◽  
pp. 1-30 ◽  
Author(s):  
Mark Fathi Massoud
Keyword(s):  
Side Effects ◽  
Rule Of Law ◽  
Foreign Investment ◽  
Domestic Politics ◽  
Judicial Politics ◽  
Authoritarian Regimes ◽  
Weak States ◽  
International Arbitration ◽  
Commercial Law ◽  
The Rule Of Law

This article uses the case of Sudan to show how authoritarian regimes benefit from embracing international arbitration, allowing them to maintain domestic control and attract foreign investment. International arbitration ensures that foreign‐investment disputes are resolved outside of domestic purview, obviating the need for nondemocratic states to create independent courts. Research on judicial politics in authoritarian regimes has largely overlooked those private and extra‐judicial pathways—international arbitration tribunals—that illiberal regimes have been taking. Similarly, research in international commercial law has neglected domestic politics, overlooking arbitration's consequences for domestic stakeholders. Promoting international arbitration without paying heed to its side effects can unwittingly help illiberal regimes, particularly in weak states, to continue to repress their judiciaries and curtail the development of domestic legal institutions and the rule of law.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

Central and Eastern Europe: The New Core or the Periphery of Europe?

2020 ◽  
pp. 162-181
Author(s):  
Ireneusz Paweł Karolewski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Central And Eastern Europe ◽  
Domestic Politics ◽  
Eastern European ◽  
Refugee Crisis ◽  
The Rule Of Law ◽  
Policy Fields ◽  
Visegrad Group ◽  
The Eu

This chapter focuses on Central and Eastern European (CEE) member states of the EU, and how they positioned themselves in the new constellation of conflicts within the EU in the aftermath of the multiple crisis. It deals mainly with the Visegrad Group (V4) and explores its ‘repositioning’ in regard to two crisis-ridden policy fields of the EU: controversies about the rule of law and the refugee crisis. With regard to the former issue, the chapter discusses Poland as the most prominent case among the CEE countries. Against this background, it highlights two specific aspects of domestic politics: the memory games that the V4 countries play with their past and the Euroscepticism of government circles as well as a broader public.

Artificial Intelligence in International Arbitration

2020 ◽  
pp. 590-616
Author(s):  
Myriam Gicquello
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Rule Of Law ◽  
Human Beings ◽  
International Arbitration ◽  
Naturalistic Decision Making ◽  
The Rule Of Law ◽  
Behavioural Analysis ◽  
International Adjudication ◽  
Definition Of

This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only reinstate confidence in the arbitral system—from the perspective of the parties and the general public—and participate in the development of the rule of law, but also engage with broader systemic considerations in enhancing its legitimacy, fairness, and efficiency. Yet, before addressing the why, what, and how of this proposition, a definition of artificial intelligence is warranted. It should be noted at the outset that this concept has a variety of meanings. Despite the lack of consensus on its meaning, the chapter will thus treat artificial intelligence as encompassing both semi-autonomous and autonomous computer systems dedicated to assisting or replacing human beings in decision-making tasks. It presents the conclusions of two extensive research programs respectively dealing with the performance of statistical models and naturalistic decision-making. From that behavioural analysis, the introduction of artificial intelligence in international arbitration be discussed against the general considerations of international adjudication and the specific goals pertaining to international arbitration.

A new type of hybrid actor in global governance: anti-impunity commissions, shared sovereignty, and the rule of law

2020 ◽  
Vol 53 (3) ◽  
pp. 245-266
Author(s):  
Theresa Reinold
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
Weak States ◽  
Ripple Effects ◽  
The Rule Of Law ◽  
Delegation Of Authority ◽  
Global Trend ◽  
Successful Work ◽  
Hybrid Solutions ◽  
New Type

This article investigates the contribution of a new type of hybrid actor to fostering the rule of law in weak states. In a number of issue-areas in global governance, hybrid solutions have been experimented with, and the latest manifestation of this global trend towards hybridity are hybrid anti-impunity commissions that have begun to proliferate in Latin America in the past decade or so and that are likely to produce ripple-effects beyond the continent. These commissions do not supplant the justice system of the target state but fight impunity from within it. They do so by assuming some of the sovereign prerogatives traditionally assumed to be falling within the domaine réservé of the host state. The prototype of this new hybrid actor was deployed in Guatemala, where the Comision Internacional Contra la Impunidad en Guatemala had to terminate its mandate after more than a decade of successful work. It remains unclear, however, to what extent such hybrid commissions can effect a lasting transformation of the justice systems of their host states and what scope conditions are required for them to operate successfully. What remains poorly understood, for instance, is how the depth of delegation affects the provision of public goods. In this article I shall argue that hybrid arrangements in which tasks are shared relatively evenly among externals and locals and that thus involve only a partial delegation of authority tend to be more successful and produce more sustainable results than arrangements providing for deeper forms of delegation.

scholarly journals Rule by Law, Law-Based Governance, and Housing Prices: The Case of China

Land ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 616
Author(s):  
Jie Chen ◽  
Haiyong Zhang ◽  
Qian Zhou
Keyword(s):  
Rule Of Law ◽  
Foreign Investment ◽  
Local Governments ◽  
Housing Prices ◽  
The Rule Of Law ◽  
Rule By Law ◽  
Mediating Role ◽  
Degree Of Satisfaction ◽  
Mediating Mechanisms ◽  
The Relationship

Although some attempts have been made to elucidate the relationship between law-based governance and housing prices, the existing literature still provides limited knowledge about the mediating mechanisms through which law-based governance correlates with housing prices. This study specifically investigates how the association between the rule of law and housing prices is sensitive to public satisfaction, and how the connection is heterogeneous across geographic and socioeconomic groups. Using panel data of Chinese cities over the period 2014–2017, our econometric estimation results indicate that law-based governance may enlarge financial loans and foreign investment and then raise housing prices, which is robust to different specifications. Moreover, the relationship is heterogeneous across city groups and sensitive to the degree of satisfaction with the rule of law quality. Additionally, we demonstrate that the mediating role of financial loans is larger than that of foreign investment. In the stage of emerging economies’ pursuit of the rule of law, our findings have useful implications for local governments to control rapidly rising housing prices by reducing loans and foreign investment.

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