{"title":"The Role of International Organizations in Fostering Legitimacy in Dispute Resolution","authors":"Hugo Siblesz","doi":"10.1163/9789004407411_007","DOIUrl":"https://doi.org/10.1163/9789004407411_007","url":null,"abstract":"This chapter addresses the role of international organizations in promoting the legitimacy in and effectiveness of alternative dispute resolution regimes. Defining legitimacy as the right to rule, allowing the parties to accept and comply with the rulings of dispute resolution regimes, the chapter argues that international institutions initially possess very little ‘source legitimacy’ or ‘constitutive legitimacy’ and are sometimes seen as lacking ‘process legitimacy’ or ‘outcome legitimacy’. Using the framework of source, process, and outcome, the chapter argues that international organizations can play a strategic role in enhancing the source and process legitimacy of alternative dispute settlement regimes, and therefore the effectiveness of these regimes by embodying and endorsing in their work key values such as procedural justice, neutrality, and independence. The chapter further suggests that international organizations have an incredibly powerful role in supplementing the legitimacy of alternative dispute resolution regimes through avenues that are created by virtue of their institutional work and knowledge.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"68 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114124963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The World Trade Organization and the Promotion of Effective Dispute Resolution: In Times of a Trade War","authors":"A. Qureshi","doi":"10.1163/9789004407411_011","DOIUrl":"https://doi.org/10.1163/9789004407411_011","url":null,"abstract":"This chapter focuses on dispute settlement in the field of international trade within the World Trade Organization (wto) along with the contribution of the wto to the resolution of foreign trade disputes in domestic systems. This discourse is set under the shadow of the current impasse in the wto, precipitated by the United States’ blocking of appointments of Members of the Appellate Body of the wto. In particular the chapter sheds light on the reasons for the US decision to block future appointments and possible legal analysis of the US actions. In this discourse the notion of a ‘trade war’ is explored along with the capacity of the wto to manage a trade war. The chapter concludes with the suggestion for a holistic approach to manage the current and future such crisis–with particular reference to the interface of the national security defence, both within the domestic and international legal regimes, with dispute settlement processes. This chapter does not purport to be exhaustive of the issues raised.","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132689454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Contributions of the Hong Kong International Arbitration Centre to Effective International Dispute Resolution","authors":"M. Gearing, Joe Liu","doi":"10.1163/9789004407411_005","DOIUrl":"https://doi.org/10.1163/9789004407411_005","url":null,"abstract":"This chapter traces the evolution of the Hong Kong International Arbitration Centre (hkiac)from 1985 when it was established as a regional arbitration center to its present status as one of the world’s major international dispute resolution organizations. The chapter focuses on hkiac’s contributions to effective international dispute resolution over that time, including its participation in legislative reforms in and outside of Hong Kong, its global outreach efforts and its promulgation of arbitration rules with trend-setting provisions for increasingly complex disputes. hkiac’s case statistics will be used to identify trends in international dispute resolution and to present hkiac’s experience in international commercial and investment treaty cases involving governments entities or international organizations. The chapter will then discuss the use of hkiac for dispute resolution by international organizations. In that respect, real-life examples will be used to examine a number of disputes that were submitted by an international organization to hkiac for arbitration under a loan agreement or a shareholders agreement. The chapter will also discuss a recent project in which an international organization decided to include an hkiac dispute resolution clause in its employment agreements after considering","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117288916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Development Financing of Dispute Resolution Reform Projects: The Evolving Approach of the Asian Development Bank","authors":"Ramit Nagpal, Christina Pak","doi":"10.1163/9789004407411_012","DOIUrl":"https://doi.org/10.1163/9789004407411_012","url":null,"abstract":"This chapter focuses on the developmental aspect of dispute resolution based on the experience of the Asian Development Bank (adb) over the last twenty years. adb has undertaken projects that support dispute resolution mechanisms in its developing member countries with the aim of achieving development impacts towards a more inclusive and sustainable economic development in Asia and the Pacific. This chapter posits that the promotion of dispute resolution through thematic or targeted interventions has yielded more effective results compared to larger-scale interventions through broader justice sector reform programs. This is demonstrated through adb’s recent experience financing and implementing technical assistance projects under its Office of General Counsel’s Law and Policy Reform Program focused on environmental and climate change adjudication, access to justice in gender-based violence cases and creating and strengthening international arbitration laws to foster foreign direct investment and cross-border trade. adb does not necessarily shy away from ambitious investments in the justice sector, but recent experience has shown that through smaller, welltargeted interventions with strong ownership by key stakeholders within their absorptive capacity, it has been able to demonstrate meaningful impact in the area of dispute resolution. Ramit Nagpal and Christina Pak 9789004407411 Downloaded from Brill.com03/07/2020 04:09:24AM via free access","PeriodicalId":220619,"journal":{"name":"International Organizations and the Promotion of Effective Dispute Resolution","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121310536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}