Publications

The interaction between immunities and jurisdiction is complex. One lacuna is whether the international legal principle of state immunity is a rule or principle in its own right or an exception to a pre-existing jurisdiction. In the context of international arbitration disputes, this distinction is significant. States have been relying…

According to the orthodox approach in major arbitration texts, arbitration is considered as operating outside state structures. States consent to arbitration on the basis of the arbitration agreement, and the scope of national court power is inherently restricted by this. In the words of Redfern and Hunter, arbitration is a…

The contribution of national courts to international law has long been doubted in the international law literature. As an aspect of the state’s power to prescribe, courts have been conceived as organs that merely apply the state’s laws, which may give effect to an international law norm. According to this…