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Systems of Control in International Adjudication and Arbitration
William Michael Reisman
其他書名
Breakdown and Repair
出版
Duke University Press
, 1992
主題
Law / Arbitration, Negotiation, Mediation
Law / Courts
Law / International
ISBN
0822312026
9780822312024
URL
http://books.google.com.hk/books?id=JTCQAAAAMAAJ&hl=&source=gbs_api
EBook
FULL_PUBLIC_DOMAIN
註釋
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In
Systems of Control in International Adjudication and Arbitration
, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down.
Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa;
AMCO
vs.
Republic of Indonesia
, concerning the construction of a large tourist hotel in Asia; and numerous others.
Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.