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Reflexive Legitimacy in International Arbitration

Banakar, Reza LU (1998) In Emerging Legal Certainty: Empirical Studies on the Globalisation of Law p.347-398
Abstract
The purpose of this study is to investigate the process of international commercial arbitration and its development as a legal and cultural entity. The recent changes within the field of arbitration are intimately related to the intensification of global exchanges and the growth of “world society”. It follows that any sociological study of arbitration must be conducted in light of the on-going globalisation process. Furthermore, the notion of legitimacy is used as a device for analysing the development of arbitration and its effects on the construction of global relations. This study is, therefore, inspired by the underlying assumption that the basic principle of legitimacy governing public life of a society is a function of the internal... (More)
The purpose of this study is to investigate the process of international commercial arbitration and its development as a legal and cultural entity. The recent changes within the field of arbitration are intimately related to the intensification of global exchanges and the growth of “world society”. It follows that any sociological study of arbitration must be conducted in light of the on-going globalisation process. Furthermore, the notion of legitimacy is used as a device for analysing the development of arbitration and its effects on the construction of global relations. This study is, therefore, inspired by the underlying assumption that the basic principle of legitimacy governing public life of a society is a function of the internal and external legal cultures in that society. When the general attitude towards law and legal processes change, the legal system has either already been subjected to changes or will be altered accordingly. The main questions which are initially posed to guide us through the abstract world of global relations as they pertain to law and commerce are: I) How does the international business community utilise the existing legal infrastructures to regulate its transnational activities and to resolve disputes which might arise from these activities? ii) How do the needs of international commerce affect the development of law as an element of the “changing global order”? iii) How is the inter-cultural make-up of cross-border exchanges structured, and how does it affect the development of legal infrastructures which are used by international commercial exchanges? iv) Finally, how is this law, in relation to national cultural systems, constructed and from which sources does it obtain its legal and political legitimacy? These are a few of the questions that will be scrutinised in this paper from a general sociological perspective on law. (Less)
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author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
legitimacy reflexive law, commerce, law, arbitration, legal culture, globalisation
in
Emerging Legal Certainty: Empirical Studies on the Globalisation of Law
editor
Gessner, Volkmar and Budak, Ali Cem
pages
347 - 398
publisher
Ashgate
ISBN
1-84014-423-8
language
English
LU publication?
no
id
6b594c9c-accd-437e-b5ea-a8ea8935e2b5 (old id 3633364)
date added to LUP
2013-04-16 10:03:05
date last changed
2016-06-29 09:17:03
@misc{6b594c9c-accd-437e-b5ea-a8ea8935e2b5,
  abstract     = {The purpose of this study is to investigate the process of international commercial arbitration and its development as a legal and cultural entity. The recent changes within the field of arbitration are intimately related to the intensification of global exchanges and the growth of “world society”. It follows that any sociological study of arbitration must be conducted in light of the on-going globalisation process. Furthermore, the notion of legitimacy is used as a device for analysing the development of arbitration and its effects on the construction of global relations. This study is, therefore, inspired by the underlying assumption that the basic principle of legitimacy governing public life of a society is a function of the internal and external legal cultures in that society. When the general attitude towards law and legal processes change, the legal system has either already been subjected to changes or will be altered accordingly. The main questions which are initially posed to guide us through the abstract world of global relations as they pertain to law and commerce are: I) How does the international business community utilise the existing legal infrastructures to regulate its transnational activities and to resolve disputes which might arise from these activities? ii) How do the needs of international commerce affect the development of law as an element of the “changing global order”? iii) How is the inter-cultural make-up of cross-border exchanges structured, and how does it affect the development of legal infrastructures which are used by international commercial exchanges? iv) Finally, how is this law, in relation to national cultural systems, constructed and from which sources does it obtain its legal and political legitimacy? These are a few of the questions that will be scrutinised in this paper from a general sociological perspective on law.},
  author       = {Banakar, Reza},
  editor       = {Gessner, Volkmar and Budak, Ali Cem},
  isbn         = {1-84014-423-8},
  keyword      = {legitimacy reflexive law,commerce,law,arbitration,legal culture,globalisation},
  language     = {eng},
  pages        = {347--398},
  publisher    = {ARRAY(0xb0868d8)},
  series       = {Emerging Legal Certainty: Empirical Studies on the Globalisation of Law},
  title        = {Reflexive Legitimacy in International Arbitration},
  year         = {1998},
}