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International Adjudication of Land Disputes: For Development and Transnationalism
(2014)
  • Perry S Bechky
Abstract

This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.

Keywords
  • land disputes,
  • transnationalism,
  • development,
  • international adjudication,
  • investment arbitration,
  • investor-state arbitration,
  • ICSID,
  • jurisdiction,
  • Salini,
  • human rights,
  • SADC Tribunal,
  • Zimbabwe,
  • Mike Campbell,
  • Ben Freeth
Publication Date
2014
Citation Information
Perry S. Bechky, "International Adjudication of Land Disputes: For Development and Transnationalism," 7 The Law and Development Review 313 (2014). Available at: http://works.bepress.com/perry_bechky/5