Paper's abstract

Alec & Florian Grisel Stone Sweet, International Arbitration: from theDyadic contract to the normative system
The authors hold that international arbitration – for investment as well as for business – is a mechanical process whose lefalness does not stem from a constraint system and thus not from a « legal order » in the eaning of the positiviste doctrine. They base their analysis on legal anthropology, the game theory, the system theory and social psychology. The simple model they develop has three main elements that interact in a circular way : dyade, triade and the « normative structure ». This model allows them to develop an answer on how to constitute, maintain and modify a normative struture. Even when using some features of institutionalistic theories, they claim to reach a higher level of precision (compared to Santo Romano) and to appeal to an explanation of « reasons to act » peculiar to the triadic normative creation (in relation with Joseph Raz). The upcoming of true phenomenons of legal precedents and the discussion on the addition of an appeal system to the arbitration mecanism of dispute settlement leads them to conclude that the international arbitration system is taking a more and more legal form.

Key Words : Raz, Santi Romano, structure normative
t. 52, 2009 : p. 75-95

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