The Private-Public Law Divide in International Dispute Resolution

The Private-Public Law Divide in International Dispute Resolution
Author :
Publisher : BRILL
Total Pages : 336
Release :
ISBN-10 : 9789004384903
ISBN-13 : 9004384901
Rating : 4/5 (03 Downloads)

Book Synopsis The Private-Public Law Divide in International Dispute Resolution by : Burkhard Hess

Download or read book The Private-Public Law Divide in International Dispute Resolution written by Burkhard Hess and published by BRILL. This book was released on 2019-03-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.


The Private-Public Law Divide in International Dispute Resolution Related Books

The Private-Public Law Divide in International Dispute Resolution
Language: en
Pages: 336
Authors: Burkhard Hess
Categories: Law
Type: BOOK - Published: 2019-03-25 - Publisher: BRILL

DOWNLOAD EBOOK

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlappi
Common Values and the Public-Private Divide
Language: en
Pages: 356
Authors: Dawn Oliver
Categories: Business & Economics
Type: BOOK - Published: 1999-08 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and ratio
Private International Law and Global Governance
Language: en
Pages: 401
Authors: Horatia Muir Watt
Categories: Law
Type: BOOK - Published: 2014 - Publisher:

DOWNLOAD EBOOK

Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime
Courts, Politics and Constitutional Law
Language: en
Pages: 189
Authors: Martin Belov
Categories: Law
Type: BOOK - Published: 2019-10-16 - Publisher: Routledge

DOWNLOAD EBOOK

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers
The Oxford Handbook of International Arbitration
Language: en
Pages: 1025
Authors: Thomas Schultz
Categories: Law
Type: BOOK - Published: 2020-09-11 - Publisher: Oxford University Press

DOWNLOAD EBOOK

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in