Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Michigan Journal of International Law
During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at …
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Michigan Journal of International Law
In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …
Is There A Growing International Arbitration Culture?, Whitmore Gray
Is There A Growing International Arbitration Culture?, Whitmore Gray
Book Chapters
The topic given to Prof. Taniguchi and myself for this opening session is a question, "Is there a growing international arbitration culture?" This seems to call for a survey of attitudes and practices peculiar to international arbitration in order to answer the question. The more extended comment of the organizers assumes, as most of us would, however, that such a culture exists, and assigns to us the task of considering what laws and rules are now being developed to implement this "international culture". We also noted that the organizers expressed their conviction that this Conference must have practical and cultural …
War Arbitration And Peace, William Perry Rogers
War Arbitration And Peace, William Perry Rogers
Michigan Law Review
In examining any question which pertains to the welfare of humanity there are two prominent view points from which to start. One is that of the individual being; the isolated man; the unit of society. The other is that of the mass of mankind; the people as a whole; the corporate organization of states and nations. There are those who believe in a God of nations. They believe He guides their destinies in perils of battle, and in great and dangerous emergencies; but they insist that He has little or nothing to do with the affairs of the individual. Conversely, …