The Transnational Codification of International Arbitration : Uniformisation under the Shadow of War and Commerce / Bruno Sousa Rodrigues.

Format:

Book

Author/Creator:

Rodrigues, Bruno Sousa, author.

Series:

International Law E-books Online, Collection 2026.

International Law E-books Online, Collection 2026

Language:

English

Subjects (All):

International law.

Conflict of laws.

Physical Description:

1 online resource (327 pages)

Edition:

1st ed.

Other Title:

Uniformisation under the Shadow of War and Commerce

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2025.

Language Note:

English

Summary:

The Transnational Codification of International Arbitration studies the process of transnational codification of international arbitration. Through a broad array of instruments and their legislative history, this research connects agents and ideas involved in a long-term project of procedural formalization. Bruno Sousa Rodrigues argues that since the late 19th century there has been a progressive convergence of procedural technique of public and private forms of international arbitration, motivated by an ambition to govern war, peace and commerce. Readers get an in-depth look at how this convergence has affected the authority of international arbitration in a globalized administration of justice.

Contents:

Acknowledgements

Defined Terms

1 Introduction

2 Methodological Remarks

1 Cosmopolitanism, Transnational Law and Transnational Arbitration

1.1 Arbitration as Part of the Transnational Administration of Justice

1.2 A Diachronic Perspective on Transnational Arbitration

2 Authority, Symbolic Struggle and Codification

2.1 The Adversarial Turn: Authority beyond Legitimate Power

2.2 The Authority of Arbitration and the Struggle for the Codification of Arbitral Procedure

3 Great Transformations

1 Sowing the Seeds of Uniformity in International Arbitration

1.1 An Early Procedural Code for International Arbitration

1.2 The Institut de droit International and the Uniformization of Private International Law

2 In the Shadows of War

2.1 An Alternative to War: the Creation of the Permanent Court of Arbitration

2.2 From Public to Private International Arbitration: the Use of Arbitration for the Collection of International Debt

3 Uniform Commercial Law and Private International Arbitration

3.1 The Procedural Turn in Business Diplomacy

3.2 The Quest for Uniformity in Private International Arbitration

4 The Promises of the Interwar Years

1 Private International Arbitration before the League of Nations

1.1 The Expansion of Arbitral Authority through Standard Clauses

1.2 At the Crossroads of Geneva and the Hague: an Emerging Transnational Division of Labour between Courts and Arbitral Tribunals

2 Mobilizing Arbitration for the Administration of War and Peace

2.1 The Economic Settlement of World War I

2.2 The Stillborn Procedure of Compulsory Arbitration

3 Not All Roads Lead to Rome

3.1 The Failure of the UNIDROIT Project of Uniform Arbitration Law

3.2 The Expansion of Non-State Codification of Arbitral Authority

5 The Illusion of Fragmentation

1 New Forum Old Practices

1.1 A Renewed Quest for a Codified Procedure

1.2 A Star is Born: the Creation of ICSID

2 Hybrid Codification at the United Nations

2.1 Piercing the Iron Curtain at New York

2.2 UNCITRAL as a Privileged Locus for the Codification of Arbitral Authority

6 Conclusion

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

90-04-72899-6

OCLC:

1522803313