Justice as Conflict Resolution: Proliferation, Fragmentation and Decentralization of Dispute Settlement in International Trade
Prevention and resolution of conflicts on the basis of agreed rules and just procedures is a common objective of private and public, national and international law (chapter I). The diversity of national and international dispute settlement fora and procedures sets incentives for 'forum shopping' and 'rules shopping' not only in private commercial law (chapter II), but increasingly also in public international economic law (chapter III). Effective litigation strategies must examine the respective (dis)advantages of Alternative Dispute Resolution (ADR) methods and fora (chapter IV). ADR options are increasingly important also for various categories of dispute settlement proceedings in the World Trade Organization (WTO, chapter V). Optimal dispute prevention and dispute settlement strategies require distinguishing the different categories of international trade disputes according to their underlying conflicts of interests, promoting legal consistency between international and domestic dispute settlement proceedings, and 'decentralizing' certain kinds of international economic disputes over private rights (chapter VI). Jurisdictional competition, forum shopping, rules shopping, and the increasing number of mutually conflicting judgments by national and international courts call for international cooperation among judges so as to promote more respect for international law through transnational, judicial networks (chapter VII).
When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0011. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.