ARTICLE: GLOBALIZATION AND DEVELOPMENTS IN THE APPORTIONMENT OF JURISDICTION BETWEEN ARBITRATORS AND COURTS CONCERNING INTERNATIONAL COMMERCIAL ARBITRATION Skip over navigation
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Copyright (c) 2009 Journal of International Business and Law
Journal of International Business and Law

ARTICLE: GLOBALIZATION AND DEVELOPMENTS IN THE APPORTIONMENT OF JURISDICTION BETWEEN ARBITRATORS AND COURTS CONCERNING INTERNATIONAL COMMERCIAL ARBITRATION

Spring, 2009

JOURNAL OF INTERNATIONAL BUSINESS & LAW

8 J. Int'l Bus. & L. 63

Author

Pedro J. Martinez-Fraga* and Rafael Domingo Osle**

Excerpt



Introduction: Globalization, the State, and International Dispute Resolution
 
The juridic theme of the twenty-first century is defined by the fissure between the homogeneous nature of economic globalization and the current state of a fragmented international law that is limited in its efficacy and application by its very genesis in such concepts as nationalism and national sovereignty. While humanity as a whole has suffered and agonized as a result of such shared crises as international terrorism, transnational security needs, global poverty, environmental threats that threaten the very survival of mankind as we now know it and that likely shall lead to the displacement of hundreds of millions of persons, poverty, regional genocide, political corruption, unworkable judiciaries, sexual exploitation, the vertical and horizontal proliferation of nuclear weapons and similar armaments of mass destruction, and unprecedented shortages in food and vital resources, these common "problems" have assumed a protagonistic role within the prevailing rubric of economic globalization. It is not a pessimistic statement, but rather a commitment to phenomenological integrity to conclude that these crises define and redefine the very unique moment in which we now live. In turn, economic globalization has spawned a virtual borderless world with respect to the placement of manufacturing manpower, research and development, and the novel digm pursuant to which cross-border commerce is effectuated in cyberspace, i.e. everywhere and nowhere in particular. In this same vein, advances in communications technology have contributed to never before experienced speed in transnational, national, regional, and local information flow. ...
 
 
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