Rational politicians are interested in judicial independence (JI) in order to make their promises credible. But if politicians' preferences deviate from the dicta of the judiciary, they also have incentives to renege on judicial independence. These two conflicting aspects are measured by two...

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

Much has been written about the fragmentation of transnational law, and the complexity that derives from the proliferation of normativities transcending the borders of the nation state. However, “globalization cannot exist without the state” (Harry W. Arthurs): the impact of transnational...

In the course of time, several approaches to the nature and the legal basis of arbitration have evolved. These include the jurisdiction theory and then the contract, mixed and the autonomous theory. While the contract theory claims that arbitration is based exclusively on the agreement between...

This chapter will analyze arguments that the World Trade Organization (WTO) suffers from a 'democratic deficit', which casts doubt on the legitimacy and desirability of its rules and policies. First this chapter outlines teh two strands of this accusation of 'democratic deficit'. That is: 1....

This article seeks to show that the English Court of Appeal’s refusal to recognize the US receivership in Re Stanford International Bank is not faithful to the Cross-Border Insolvency Regulations 2006 and the decision’s precedential value is seriously questionable. The Court of Appeal’s...

South Korea, an established industrial economy, has quietly broadened and deepened its democracy, and is presently building new, innovative governance processes into its institutions. This article examines South Korea's implementation of new governance processes, specifically, its growing use of...

The book deals very concisely on such a big topic of describing the organizational structure and the establishing history of WTO. This book has been divided into five chapters, apart from foreword, prefatory remarks, and a number of indexes at the end of the book dealing with the basic documents...

International climate protection investments (Joint Implementation and Clean Development Mechanism projects) are burdened with problems of contract enforcement, which prevent the realisation of efficiency gains associated with these investments. The paper analyses this problem from the...

International agreements do not generally address issues of secondary liability for infringement of intellectual property law rights, and there is little international consensus on this topic, even among the major industrialized nations. National laws tend to vary considerably regarding the...