Dispute resolution in a globalized world : arbitration and prevention

In the age of globalization, the traditional boundaries between states, NGOs and private individuals are no longer so clear-cut. States remain central players, despite the existence of supranational entities such as the European Union and the parallel rise in power of the regions.

But we should also note the emergence of non-state actors capable of cooperating across and beyond borders, so as to establish rules and standards accepted as legitimate or at least unavoidable by different types of actor.

We are witnessing a privatization of the production of standards, once the prerogative of States alone, a phenomenon which is a source of risk for companies and must be taken into account upstream. Most of these new standards are grouped together in what is known as "soft law".

The force of soft law and the indirect pressure exerted by its players, organizations and NGOs, should lead companies to anticipate and plan ahead in order to avoid legal action and, incidentally, to behave as socially responsible companies. These actors include activist organizations such as NGOs fighting global warming or corruption (Transparency International), as well as national and regional trade unions and professional associations, to which must be added groups of all kinds that put pressure on public and private actors. Civil society differs from the State, but works in interaction with it.