Proceedings of the third International Dispute Settlement Conference held on Oct. 2-3, 2008, at the University of St. Gallen. Includes bibliographical references.
Contents:
Perspectives on diplomacy, arbitration and adjudication from the United States and Latin America / Patricia Hansen. Diplomatic conflict resolution / Didier Pfirter -- Focus: diplomacy v. arbitration and adjudication -- Disputes in intergovernmental economic relations of a traditional character and in those with supranational mechanisms, respectively / Sven Norberg -- On misguided judicial deferences by the ECJ and ECrtHR / Nikolaos Lavranos -- Perspectives on diplomacy, arbitration and adjudication from the United States and Latin America / Patricia Hansen. Why deprive the European judges their national brethren of their treaty-given competence to perform proportionality-review? / European court of justice as an instance of high legislation: what have we learned on the prospects to foster compliance with EU law? / Hjalte Rasmussen. European court of human rights as a case-study / Paul Mahoney -- Legal consequences of non-compliance with dispute settlement decisions: the case of the WTO as a "benefits-centred" organization / Reto Malacrida -- Relation of international/supranational and national law: the case of competition law / Jacqueline Riffault-Silk -- Some consideration on the dialogue between high courts / Carl Baudenbacher -- Focus: proportionality and the margin of appreciation: national standards v. harmonization by international courts -- Proportionality and the margin of appreciation: national standard harmonization by international courts / Mark Villiger -- Discretionary power of states in the ECJ & EFTA court: the difficult case of gambling services / Philippe Vlaemminck -- Why deprive the European judges their national brethren of their treaty-given competence to perform proportionality-review? / Hjalte Rasmussen. World trade organization dispute settlement system: embedded in public international law? / Underlying tensions in the field of arbitration / Jacques Bourgeois, Ravi Soopramanien. Investment arbitration / Christoph Schreur -- Arbitration in public international disputes / Carl Baudenbacher, Frank Bremer -- WTO dispute settlement system: from arbitration to a world court system / Thomas Cottier -- World trade organization dispute settlement system: embedded in public international law? / Jacques Bourgeois, Ravi Soopramanien.
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