International Arbitration as Private or Public Good

‘Free Markets’: Public Good or Private Greed?

The fundamental question addressed in this paper is this: does the rise of free market orthodoxy indicate the triumph of ‘efficiency’ at the expense of ‘equity’? Or does it also, and possibly even primarily, reflect an attempt to capitalise on the distributive opportunities that have been created by the deteriorating macroeconomic environment and the conservative political climate of the late ‘...

the concept of public order in private international law and its place in international commercial arbitration

public order has a long history and a great role in private law andinternational commercial arbitration; as much as can be said: public order isone of the most important limitations of party autonomy (contractualfreedom) in private law and international commercial arbitration.however, legal experts disagree about the meaning of this term. some oflawyers and jurists have made great efforts to de...

Is Adjudication a Public Good? “overcrowded Courts” and the Private Sector Alternative of Arbitration

Courts are underfunded, dockets are crowded, and litigation is slow. These observations lead many lawyers and judges to call for increased court funding. While I would like to see a significantly higher percentage of government spending go to courts, I do not believe that is likely to happen. So I suggest we think about “underfunded” courts differently. Courts provide a service—binding adjudica...

Vaccines: policy for public good or private profit?

Codes of Good Governance: National or International Public Value Discourse?