International Adjudication of Land Disputes: For Development and Transnationalism

7 Law and Development Review 313 (2014)

15 Pages Posted: 10 Feb 2015

See all articles by Perry S. Bechky

Perry S. Bechky

Berliner Corcoran & Rowe LLP; Seattle University School of Law

Date Written: February 9, 2015

Abstract

This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.

Keywords: land disputes, transnationalism, development, international adjudication, investment arbitration, investor-state arbitration, ICSID, jurisdiction, Salini, human rights, SADC Tribunal, Zimbabwe, Mike Campbell, Ben Freeth

Suggested Citation

Bechky, Perry S., International Adjudication of Land Disputes: For Development and Transnationalism (February 9, 2015). 7 Law and Development Review 313 (2014), Available at SSRN: https://ssrn.com/abstract=2562427

Perry S. Bechky (Contact Author)

Berliner Corcoran & Rowe LLP ( email )

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HOME PAGE: http://bcr.tv/attorney/perry-bechky

Seattle University School of Law ( email )

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