Systems of Control in International Adjudication and Arbitration

In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down.
Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each form as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including the 1984 and 1986 cases of Nicaragua against the United States; Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; Klockner vs. Government of Cameroon, concerning the building of a major fertilizer plant in West Africa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others. After establishing a context for each of these cases, Reisman details the manner of its adjudication, then evaluates--and occasionally questions--the decision ultimately reached.
Systems of Control in International Adjudication and Arbitration explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. Providing a crucial perspective, this work will be an invaluable guide to both scholars and practitioners of international dispute resolution.