Foundations Of Legitimacy Research Articles

The Principle of Equal Treatment in International Arbitration

The principle of equal treatment is fundamental to the idea of justice, in international arbitration as in any adjudicative system. Arbitration conventions, rules and national laws unanimously impose a requirement, either express or implied, that the parties be treated equally throughout the arbitral process. Yet, the contours of procedural equality remain elusive. Defining procedural equality is indeed arduous, in no small part because it is inherently fact sensitive. Nevertheless, such definitional challenges should not preclude a more sustained analysis on the role that equal treatment plays in international arbitration, nor should it dissuade attempts to discern a methodology for its analysis. This paper offers a contribution to the discourse on procedural equality in international arbitration by explaining its interaction with other basic norms that govern the arbitral process and proposing a framework to assess equality claims. Part I of the chapter outlines the origins of the equal treatment principle in international arbitration. Part II identifies the key aspects of the arbitral process where procedural equality concerns are likely to arise. Part III conceptualizes the equal treatment principle as a core adjudicative ideal that, together with the right to an impartial and independent tribunal and the right to be heard, provides the foundation for legitimacy of the arbitral process. Part III also draws on jurisprudence on equal treatment protections in international human rights law to propose a methodology to assess procedural equal treatment claims in international arbitration. Finally, Part IV provides some concluding observations.

The Dead End of the “Social Turn”: Social Cooperation as the Foundation of Legitimacy

KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft , Seite 229 - 244

The European Union polity: a union of regulative, normative and cognitive pillars

This article regards the EU as a social construction which can be understood as an institutional field characterized by three pillars. The three pillars are not the usual ones associated with the constitutional framework: the community pillar, the common foreign and security policy, and justice and home affairs. The pillars in question are the regulative, normative and cognitive structures that together characterize an institution. The objective of this article is to analyse the three pillars and their interaction. This approach enables us to identify the logic of different processes at work in the Union and the existence of different foundations of legitimacy.

Political Goals of Peruvian Students: The Foundations of Legitimacy in Education

The hypotheses of three alternative models of education's role in political socialization-Marxist functionalism, rational-action theory, and Weberian perspectives-are presented to illuminate the reasons behind one of Latin America's most enigmatic rebellions of youths: Peru's Sendero Luminoso. These hypotheses were tested using data from a survey of graduating secondary-school students in the Cuzco area. The students were asked to choose from among five solutions to their nation's problems: social revolution, more education, of government, eliminating corruption, and other. The analysis of these data shows the factors that determined the students' preferences for revolutionary change over education and the viability of the various hypotheses in explaining these preferences.