view
Abstract: Economic globalisation involves incremental reductions in legal barriers to trade, investment and fi nance activities among nation states for the benefi t of corporate and state entities. The Rule of Law, for its part, implies the subservience of social and economic activities to substantive and procedural legal rules and processes.
A traditional dimension of the Rule of Law in dispute resolution contexts is the objective interpretation and enforcement of legal rules and principles through independent courts, tribunals or similar institutions with recognised authority. International conventions extend these principles to some degree across national borders. Mediated settlement agreements (MSAs), however, have enjoyed no higher legal status than other negotiated settlements requiring confl ict of laws principles or various legal fi ctions to secure their enforcement in foreign jurisdictions.
For some time, consideration has been given to the development of an international treaty, similar to the New York Convention, to support the binding nature and enforceability of MSAs across national borders. This article examines aspects of the United Nations Commission on International Trade Law project on this topic in light of the policy and practical questions which arise in this area, and in the context of broader globalisation imperatives.
Keywords: globalisation; Rule of Law; mediated settlement agreements; cross-border; UNCITRAL; enforceability
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.cooray.1@city.ac.uk.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.