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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Conceptions of Legitimacy of International Arbitration

Conceptions of Legitimacy of International Arbitration

(p.106) 6 Conceptions of Legitimacy of International Arbitration
Practising Virtue

Stephan W Schill

Oxford University Press

This chapter analyses how the concept of legitimacy is used inside and outside the international arbitration community. It first focuses on why the legitimacy discourse has emerged outside international arbitration and which argumentative framework it adopted. This is closely connected to the transformation of international arbitration into a mechanism of transnational governance. At the same time, the conception of legitimacy used in system-internal discourse does not sufficiently reflect the governance function of international arbitration, but is narrowly tailored towards the function international arbitration performs for the disputing parties. In order to remedy this shortcoming, a multidimensional concept of legitimacy that encompasses not only ‘party legitimacy’, but also ‘community legitimacy’, ‘national legitimacy’, and ‘global legitimacy’, should be adopted. Finally, the chapter briefly addresses which sources the system-internal discourse could turn to for inspiration in developing a broader and more encompassing perspective on legitimacy.

Keywords:   legitimacy, international arbitration, transnational governance, system-internal discourse

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