The Private-public Divide in International Dispute Resolution

The Private-public Divide in International Dispute Resolution
Author :
Publisher : Brill - Nijhoff
Total Pages : 0
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ISBN-10 : 900438488X
ISBN-13 : 9789004384880
Rating : 4/5 (880 Downloads)

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

Download or read book The Private-public Divide in International Dispute Resolution written by Burkhard Hess and published by Brill - Nijhoff. This book was released on 2018 with total page 0 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.


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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect