El arbitraje internacional como camino hacia una justicia jurídico-pública global

Abstract

Th e present work aims at building a concept of International Investment Arbitration as a phenomenon of Global Administrative Law, and not as a mere mechanism of private law for the resolution of international confl icts. Th rough the reconstruction of the history of this institution, we try to show of the existence of a process of legal evolution, from the extra-State control of public power given to the hands of violence and later to International Law, to a system of control of private law consented by the State itself, a mixture that gives the institution an hybrid nature and that allows us to categorize it as Global Law. From this point, we will develop different aspects of International Arbitration which might be legally relevant for public law
purposes, some of which might be extensible to commercial arbitration.