In the last 25 years there has been a substantial increase in the use by states of formal dispute settlement mechanisms, and an increase in the fora in which such disputes can be resolved. They include formal adjudication, arbitration and other models, and include tribunals dealing with the law of the sea; panels concerned with trade law issues; and hybrid models involving states such as investment tribunals. At the same time, other models for dispute settlement are starting to emerge. The phenomenon of this increase in international dispute settlement will be considered, together with the way institutions function and problems that arise. Why do states resort to formal methods of dispute settlement? What other options do they have? Is the current surge in dispute settlement mechanism simply a passing phase, or will it endure? These questions, too, will be explored in this session.
About the speaker
Professor Donald McRae joined the University of Ottawa’s Faculty of Law in 1987 where he served as Dean of the Common Law Section until 1994. Currently, he holds the Hyman Soloway Chair in Business and Trade Law and teaches contracts, international law, international trade law, and law of the sea. Throughout his career, Professor McRae has made numerous appearances as counsel and arbitrator in trade, investment and maritime boundary disputes.
Professor McRae was elected to the International Law Commission in 2006. He was awarded the Canadian Council on International Law’s John E. Read Medal in 2003 and made a Fellow of the Royal Society of Canada in 2002.