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Chapter 36 - International Public Law Arbitration - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
24 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
International Character of Dispute,
International and Transnational Law
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

MAIN FEATURES

36.1. Arbitration and International Public Law Disputes International public law arbitrations are proceedings for settling disputes between states1 through an arbitral tribunal or a sole arbitrator.

According to the definition in the Hague Convention (1907) for the Pacific Settlement of International Disputes:2

“International arbitration has for its object the settlement of disputes between States by judges of their own choice and on the basis of respect of law. Recourse to arbitrators implies an engagement to submit in good faith to the award.”

The concept of inter-state dispute has been the object of extensive study by international public law scholars.

In the relationships between states there are no central bodies that perform, according to the specialization rule, the tasks proper to a well-organized legal system (legislature, public administration and administration of justice); these functions are therefore decentralized and thus left to the members of the inter-state community.3

Table of Contents: 

CHAPTER 36: INTERNATIONAL PUBLIC LAW ARBITRATION

Main Features 
36.1 Arbitration and International Public Law Disputes
36.2 Historical Development of International Public Law Arbitration

Permanent Court of Arbitration
36.3 Permanent Court of Arbitration
36.4 A New Role for the Permanent Court of Arbitration

International Court of Justice
36.5 The International Court of Justice

Tribunal for the Law of the Sea
36.6 The International Tribunal for the Law of the Sea

The GATT
36.7 Settlement of International Trade Disputes (GATT and World Trade Organisation)
36.8 Main Features of International Public Law Arbitration

Arbitration between States and Individuals
36.9 Arbitration between States and Individuals

Other Public International Disputes
36.10 Settlement of Other Public International Disputes