Florian Grisel's Books

The Evolution of International Arbitration

Judicialization, Governance, Legitimacy

By: Alec Stone Sweet,Florian Grisel

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The Evolution of International Arbitration

Judicialization, Governance, Legitimacy

By: Alec Stone Sweet,Florian Grisel

This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.

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Page Count

273

Publisher

Oxford University Press

Published Date

ISBN 10

0198739729

ISBN 13

9780198739722

The Limits of Private Governance

Norms and Rules in a Mediterranean Fishery

By: Florian Grisel

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The Limits of Private Governance

Norms and Rules in a Mediterranean Fishery

By: Florian Grisel

Is there a future for the law? In this book, Florian Grisel addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance based on social norms (or “private governance”) can offer an alternative to regulation by the law. On this account, private governance could be socially efficient and even optimal compared with other modes of governance. The Limits of Private Governance supplements this optimistic analysis of private governance by assessing the long-term evolution of a private order in the fishery of Marseille. In the last eight centuries, the fishers of Marseille have regulated their community without apparent means of legal support from the French state. In the early 15th century, they even created an organisation called the Prud'homie de Pêche in order to regulate their fishery. Based on archival evidence, interviews and ethnographic data, Grisel examines the evolution of the Prud'homie de Pêche and argues that the strong social norms in which it is embedded are not only powerful tools of governance, but also forces of inertia that have constrained its regulatory action. The lessons drawn from this book will appeal to academics, policy-makers and members of the general public who have an interest in the governance of our modern societies.

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Page Count

224

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

150993815X

ISBN 13

9781509938155

The Limits of Private Governance

Norms and Rules in a Mediterranean Fishery

By: Florian Grisel

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The Limits of Private Governance

Norms and Rules in a Mediterranean Fishery

By: Florian Grisel

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Page Count

224

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

150993815X

ISBN 13

9781509938155

The Evolution of International Arbitration

Judicialization, Governance, Legitimacy

By: Alec Stone Sweet,Florian Grisel

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The Evolution of International Arbitration

Judicialization, Governance, Legitimacy

By: Alec Stone Sweet,Florian Grisel

The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

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Page Count

273

Publisher

Oxford University Press

Published Date

ISBN 10

0191060232

ISBN 13

9780191060236

Book's by Florian Grisel

The Evolution of International Arbitration

The Evolution of International Arbitration

The Limits of Private Governance

The Limits of Private Governance

The Limits of Private Governance

The Limits of Private Governance

The Evolution of International Arbitration

The Evolution of International Arbitration

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