Abstract

http://ssrn.com/abstract=1267242
 
 

Citations (1)



 
 

Footnotes (181)



 


 



International Commercial Arbitration and International Courts


Mark L. Movsesian


St. John's University School of Law

September 12, 2008

Duke Journal of Comparative & International Law, Forthcoming
St. John's Legal Studies Research Paper No. 08-0146

Abstract:     
States treat international commercial arbitration (ICA) and international adjudication quite differently. While domestic courts routinely enforce the rulings of ICA panels, they are much less willing to enforce the judgments of international courts like the International Court of Justice (ICJ). In this essay, I explain why. States treat ICA and international adjudication differently because they are very different enterprises. ICA avoids legitimacy problems, fosters domestic economic growth, and appeals to influential domestic constituencies. By contrast, international adjudication raises serious legitimacy concerns, does not clearly foster economic growth, and cannot rely on the same level of interest-group support. I explore these differences by comparing state practice under the most important ICA convention, the New York Convention of 1958, with the longstanding controversy over the domestic effect of ICJ judgments under the Vienna Convention on Consular Relations - a controversy addressed by both American and German courts.

Number of Pages in PDF File: 25

Keywords: International Commercial Arbitration, International Court of Justice, International Courts, International Dispute Settlement, International Judgments, Supreme Court, Vienna Convention on Consular Relations

JEL Classification: K33

Accepted Paper Series





Download This Paper

Date posted: September 15, 2008  

Suggested Citation

Movsesian, Mark L., International Commercial Arbitration and International Courts (September 12, 2008). Duke Journal of Comparative & International Law, Forthcoming; St. John's Legal Studies Research Paper No. 08-0146. Available at SSRN: http://ssrn.com/abstract=1267242

Contact Information

Mark L. Movsesian (Contact Author)
St. John's University School of Law ( email )
8000 Utopia Parkway
Jamaica, NY 11439
United States
718-990-5650 (Phone)
718-990-2199 (Fax)
HOME PAGE: http://www.stjohns.edu/academics/graduate/law/faculty/profiles/Movsesian
Feedback to SSRN


Paper statistics
Abstract Views: 2,797
Downloads: 539
Download Rank: 28,023
Citations:  1
Footnotes:  181

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.312 seconds