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Article

From Port Louis to Panama and Washington DC

Two Regional Approaches to International Commercial Arbitration

Journal European Journal of Law Reform, Issue 1 2012
Keywords international commercial arbitration, OHADA, institutional arbitration, American Arbitration Association, regional law reform
Authors Jonathan Bashi Rudahindwa
AbstractAuthor's information

    In recent decades, regional efforts have been made to reform and harmonize the rules governing international arbitration. These efforts have resulted in the adoption of regional instruments governing commercial arbitration in specific areas. This paper analyzes the arbitration regimes created at a regional level in Africa and America, and particularly focuses on arbitral institutions that were created within the Organization for Harmonization of Business Law in Africa (OHADA) and within the Organization of American States (OAS). The objective of the paper is to identify any advantages provided by either regime, which can help improve regional and international commercial arbitration.


Jonathan Bashi Rudahindwa
LL.B (Kinshasa, D.R.Congo), LL.M (Indiana, USA), Doctoral candidate – School of Oriental and African Studies/University of London.

Xandra Kramer
Professor at Erasmus School of Law, Erasmus University Rotterdam. This contribution and the editorship of this issue has been made possible with the support of the Netherlands Organisation for Scientific Research (NWO) within its Innovational Research Incentives Scheme (VIDI).

Elena Alina Ontanu
Both authors are doctoral candidates in the Department of Private International and Comparative Law at the Erasmus School of Law, Erasmus University Rotterdam. The authors wish to thank Prof. Xandra Kramer for her constructive remarks, as well as Laura van Bochove and the peer reviewers for their comments on the first draft of this paper. The usual disclaimer applies.

Ekaterina Pannebakker
Both authors are doctoral candidates in the Department of Private International and Comparative Law at the Erasmus School of Law, Erasmus University Rotterdam. The authors wish to thank Prof. Xandra Kramer for her constructive remarks, as well as Laura van Bochove and the peer reviewers for their comments on the first draft of this paper. The usual disclaimer applies.

Marios Koutsias
Lecturer in Law, University of Essex.

Chris Willett
Professor of Commercial Law, University of Essex.

C.M.D.S. Pavillon
Dr. C.M.D.S. (Charlotte) Pavillon is a postdoctoral researcher with the Groningen Centre for Law and Governance, University of Groningen (The Netherlands).

Bert Keirsbilck
Assistant Professor HUB, senior affiliated researcher KU Leuven.

Willem van Boom
Professor of Law at Erasmus School of Law, Rotterdam (the Netherlands) and professor of Law at Durham Law School, Durham (England).
Discussion

Access_open Against the ‘Pestilential Gods’

Teubner on Human Rights

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords semiosphera, paranomia, Drittwirkung, matrix argument
Authors Pasquale Femia
AbstractAuthor's information

    Examining the function of human rights in the semiosphere requires a strategy of differentiation: the dissolution of politics into political moments (politics, it is argued, is not a system, but a form of discourse); the distinction between discourse and communication; the concept of systemic paranomic functionings. Paranomia is a situation generated by the pathological closure of discourses, in which knowledge of valid and observed norms obscures power. Fundamental rights are the movement of communication, claims about redistributing powers, directed against paranomic functionings. Rethinking the debate about the third party effect implies that validity and coherence must be differentiated for the development of the ‘matrix argument’.


Pasquale Femia
Pasquale Femia is Professor of Private Law at the Faculty of Political Studies of the University of Naples II, Italy.

Frédérique Dahan
Lecturer in Law, School of Law, University of Essex.

Dita Sole

Dita Sole
LL.B., Concordia International University Estonia School of Law; LL.M., Harvard University School of Law; Attorney-at-Law, New York. This article is based on my final thesis at Concordia.

Ingeborg Schwenzer
This article was published previously in K. Boele-Woelki (Ed.), Perspectives for the Unification and Harmonisation of Family Law in Europe, European Family Law series No. 4, 143-158 (2003) and is reprinted with minor editorial modifications with kind permission of the publisher Intersentia-Antwerp. The author is Professor of Private Law, University of Basel Law School. The author is grateful to Professor Dr. h.c. Carol Bruch (University of California, Davis, US) for a critical reading of the manuscript as well as to lic. iur. Michelle Cottier MA (Basel) for her valuable research assistance.

Katharina Boele-Woelki
Professor of Comparative Law, Private International Law and Family Law at the University of Utrecht. This article was published previously in K. Boele-Woelki (Ed.), Common Core and Better Law in European Family Law, European Family Law Series No. 10, 15-38 (2005) and is reprinted with minor editorial modifications with kind permission of the publisher Intersentia-Antwerp.

Masha Antokolskaia
This article was published previously in K. Boele-Woelki (Ed.), Perspectives for the Unification and Harmonisation of Family Law in Europe, European Family Law Series No. 4, 159-182 (2003) and is reprinted with minor editorial modifications with kind permission of the publisher Intersentia-Antwerp. The author is Professor of Private Law and Family Law at the Free University of Amsterdam. This article expresses the personal opinion of the author and not that of the Commission on European Family Law. This research has been made possible by a fellowship from the Royal Netherlands Academy of Arts and Sciences.

Carri Ginter
Carri Ginter is Sworn Advocate (Member of the Estonian Bar Association), Sorainen Law Offices, Tallinn; Lecturer (European Law), Tartu University Institute of Law, Ph.D student at Tartu University; LL.B. (2000) Concordia International University Estonia; LL.M. (2001) European Law, University of Stockholm.

Michael Frischkorn
Associate Attorney at Sauce, Tardy & Blumenthal, a small litigation firm based in Noblesville, Indiana, USA.

Jean-Bernard Auby
Professeur de Droit Public à Sciences Po Paris, Directeur de la Chaire “Mutations de l'Action Publique et du Droit Public.”

John A. E. Vervaele
Professor of economic and financial criminal law, Utrecht Law School and Professor of European criminal law, Europa College Bruges. The basic research for this article was carried out during an Adjunct Professorship at the American Law School of the American University in Washington DC (May-July 2003). The research has been updated up until 1 November 2006. This version is a shortened and updated version of J. A. E. Vervaele, The Anti-Terrorist Legislation in the US: Inter Arma Silent Leges? 13 European Journal of Crime, Criminal Law and Criminal Justice 201 (2005).

Guy Canivet
Premier président de la Cour de cassation française.

Esin Örücü
Professorial Research Fellow and Professor Emerita of Comparative Law, University of Glasgow and Professor Emerita of Comparative Law, Erasmus Universiteit, Rotterdam.
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