{"title":"Unusual Sources of Inspiration: Springsteen","authors":"Thomas Schultz","doi":"10.1093/jnlids/idac021","DOIUrl":"https://doi.org/10.1093/jnlids/idac021","url":null,"abstract":"","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"11 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81324786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial Series on Unusual Sources of Inspiration for International Dispute Settlement","authors":"T. Schultz","doi":"10.1093/jnlids/idac019","DOIUrl":"https://doi.org/10.1093/jnlids/idac019","url":null,"abstract":"","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"30 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90033261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Unusual Sources of Inspiration: Schrödinger and Everett","authors":"M. Arcari, Thomas Schultz","doi":"10.1093/jnlids/idac020","DOIUrl":"https://doi.org/10.1093/jnlids/idac020","url":null,"abstract":"","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"166 4 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86779918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores procedures before National Contact Points (NCPs) that are tasked with the implementation of the OECD Guidelines for Multinational Enterprises, and their use as a mechanism for the resolution of disputes between corporates and stakeholders in their business conduct. The fruit of a ‘soft law’ framework, NCPs offer a non-judicial mechanism in which the parties may use NCPs’ ‘good offices’ to broker agreement using mediation or conciliation. The article examines the scope of NCPs’ competence and the potential diversity of outcomes. Although NCP procedures are ultimately non-binding, this article explores various ways in which this ‘soft law’ mechanism may ‘bite’, against the backdrop of the growth in sustainable finance, sustainability regulation, and the growing number of disputes relating to responsible business conduct. The article considers whether, by means of the interaction of the NCP mechanism with these emerging fields, we may see the mechanism start to ‘bite’.
{"title":"OECD National Contact Point Specific Instances: When ‘Soft Law’ Bites?","authors":"Laurie Achtouk-Spivak, R. Garden","doi":"10.1093/jnlids/idac017","DOIUrl":"https://doi.org/10.1093/jnlids/idac017","url":null,"abstract":"\u0000 This article explores procedures before National Contact Points (NCPs) that are tasked with the implementation of the OECD Guidelines for Multinational Enterprises, and their use as a mechanism for the resolution of disputes between corporates and stakeholders in their business conduct. The fruit of a ‘soft law’ framework, NCPs offer a non-judicial mechanism in which the parties may use NCPs’ ‘good offices’ to broker agreement using mediation or conciliation. The article examines the scope of NCPs’ competence and the potential diversity of outcomes. Although NCP procedures are ultimately non-binding, this article explores various ways in which this ‘soft law’ mechanism may ‘bite’, against the backdrop of the growth in sustainable finance, sustainability regulation, and the growing number of disputes relating to responsible business conduct. The article considers whether, by means of the interaction of the NCP mechanism with these emerging fields, we may see the mechanism start to ‘bite’.","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"28 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87375430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The gap-filling function is a prominent feature of general principles of law (GPL). However, there are several questions surrounding the prominence and characterization of this function. In light of this, this article revisits the origins of the GPL and their gap-filling function to understand why it gained prominence, and what it means to international law. By tracing the debates of the Advisory Committee of Jurists on the sources of international law, this article identifies that the necessity of gap filling is tied to the prevalent idea of the completeness of the international legal system. The article further explains the origins of the gap-filling requirement and how the GPL satisfy it. By historicizing the gap-filling discourse, the article argues that the GPL have been used to strengthen the completeness of international law.
{"title":"The Origins and Operation of the General Principles of Law as Gap fillers","authors":"Yili Wang","doi":"10.1093/jnlids/idac018","DOIUrl":"https://doi.org/10.1093/jnlids/idac018","url":null,"abstract":"\u0000 The gap-filling function is a prominent feature of general principles of law (GPL). However, there are several questions surrounding the prominence and characterization of this function. In light of this, this article revisits the origins of the GPL and their gap-filling function to understand why it gained prominence, and what it means to international law. By tracing the debates of the Advisory Committee of Jurists on the sources of international law, this article identifies that the necessity of gap filling is tied to the prevalent idea of the completeness of the international legal system. The article further explains the origins of the gap-filling requirement and how the GPL satisfy it. By historicizing the gap-filling discourse, the article argues that the GPL have been used to strengthen the completeness of international law.","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"414 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80007255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is growing interest in the push for individuals to seek direct remedies, notably compensation, for violations of international law. Yet, there is more for scholars to glean from the historical antecedents of compensation for individuals as a recurring idea in international law. The notion of ‘international claims’ can be traced back to the late 18th century. International claims commissions began as ad hoc arrangements that tended to follow wars. In contrast to existing historical accounts, however, the author shows there is more at work in the international law precedents for present-day mass claims than a simple rise and fall of a single idea of compensation, with the occasional isolated contemporary resurfacing. The author contends instead that the history of compensation is deeply linked to its context—meaning different things in different periods—and reflected in four models of compensation (Collateral Private Claims, Arbitration–Diplomatic Protection, Reparations and Institutional-Transition).
{"title":"Reconsidering International Compensation in Historical Context","authors":"Ashley Barnes","doi":"10.1093/jnlids/idac016","DOIUrl":"https://doi.org/10.1093/jnlids/idac016","url":null,"abstract":"\u0000 There is growing interest in the push for individuals to seek direct remedies, notably compensation, for violations of international law. Yet, there is more for scholars to glean from the historical antecedents of compensation for individuals as a recurring idea in international law. The notion of ‘international claims’ can be traced back to the late 18th century. International claims commissions began as ad hoc arrangements that tended to follow wars. In contrast to existing historical accounts, however, the author shows there is more at work in the international law precedents for present-day mass claims than a simple rise and fall of a single idea of compensation, with the occasional isolated contemporary resurfacing. The author contends instead that the history of compensation is deeply linked to its context—meaning different things in different periods—and reflected in four models of compensation (Collateral Private Claims, Arbitration–Diplomatic Protection, Reparations and Institutional-Transition).","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"70 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76198034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Catherine Kessedjian, Anne van Aaken, R. Lie, L. Mistelis, José Maria Reis
Mediation is an intensely discussed topic as a possibly promising venue for investor–State dispute settlement (ISDS) and conflict prevention. Given that mediation can be used within ‘cooling-off’ (amicable settlement) periods in International Investment Agreements, this article takes stock of those as well as explicit mediation rules which are on the rise in new IIAs. It draws lessons from the small amount of known cases which went to mediation and presents business view on mediation. It also draws a list of common obstacles for business and states preventing the use of mediation in the investor–State context. Finally, this article attempts to map future work which could be useful in the context of UNCITRAL negotiations towards the reform of ISDS.
{"title":"Mediation in Future Investor–State Dispute Settlement","authors":"Catherine Kessedjian, Anne van Aaken, R. Lie, L. Mistelis, José Maria Reis","doi":"10.1093/jnlids/idac015","DOIUrl":"https://doi.org/10.1093/jnlids/idac015","url":null,"abstract":"\u0000 Mediation is an intensely discussed topic as a possibly promising venue for investor–State dispute settlement (ISDS) and conflict prevention. Given that mediation can be used within ‘cooling-off’ (amicable settlement) periods in International Investment Agreements, this article takes stock of those as well as explicit mediation rules which are on the rise in new IIAs. It draws lessons from the small amount of known cases which went to mediation and presents business view on mediation. It also draws a list of common obstacles for business and states preventing the use of mediation in the investor–State context. Finally, this article attempts to map future work which could be useful in the context of UNCITRAL negotiations towards the reform of ISDS.","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"14 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84859061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Olof Larsson, Theresa Squatrito, Øyvind Stiansen, Taylor St John
This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article considers different institutional design features related to appointment procedures: representation, reappointment, screening procedures and procedures for removing judges. Representation is discussed in a series of sections considering full or selective representation, voting rules and geographic and gender quotas and aspirational targets. Throughout, we draw on data on 24 ICs to illustrate the different appointment procedures and institutional features.
{"title":"Selection and Appointment in International Adjudication: Insights from Political Science","authors":"Olof Larsson, Theresa Squatrito, Øyvind Stiansen, Taylor St John","doi":"10.1093/jnlids/idac014","DOIUrl":"https://doi.org/10.1093/jnlids/idac014","url":null,"abstract":"This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article considers different institutional design features related to appointment procedures: representation, reappointment, screening procedures and procedures for removing judges. Representation is discussed in a series of sections considering full or selective representation, voting rules and geographic and gender quotas and aspirational targets. Throughout, we draw on data on 24 ICs to illustrate the different appointment procedures and institutional features.","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"222 ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/jnlids/idac003","DOIUrl":"https://doi.org/10.1093/jnlids/idac003","url":null,"abstract":"","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"124 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85241470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/jnlids/idac001","DOIUrl":"https://doi.org/10.1093/jnlids/idac001","url":null,"abstract":"","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"15 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76818280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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