Article | REF: AG1442 V1

Dispute resolution in a globalized world : arbitration and prevention

Author: Anne E. DEYSINE

Publication date: April 10, 2017 | Lire en français

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    2. Economic and commercial disputes between States

    Public international law deals with relations between States, and affirms several fundamental principles: State sovereignty and immunity from jurisdiction and execution.

    Note

    A state cannot be :

    • summoned before a foreign court unless he agrees to waive his immunity;

    • obliged to enforce a foreign decision unless it has waived its immunity by accepting the jurisdiction of the court (usually an arbitral tribunal).

    It also deals with the many international and multilateral organizations, both regional and non-regional, that govern relations between states, the most important and universal being the UN, whose aim is to prevent conflict and maintain peace.

    Here, we will deal only...

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