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Dispute Resolution a Comparative Analysis Under Differing Legal Systems

Harry L. Arkin, International Resources Law II: A Blueprint for Mineral Development (1995)

The continuing internationalization of the mineral/energy industry, despite attempts to nationalize and regionalize it, requires those involved in every aspect of the industry to be aware of the basic fundamentals of the differing legal systems one will encounter. The search for natural mineral resources continues in one way or another, to cross or involve old and new legal, tax, environmental, and cultural boundaries. Today each of those old and new boundaries contains an increasingly complex spectrum of new forums, rules, and institutions for the resolution of disputes. Each new regional, let alone global, organization and agreement contain provisions for, or refer their investors, contracting parties—nations, national, and private parties to, dispute resolution. Among the new players on the world commercial stage are: the World Trade Organization, (born out of the most recent years of semantic and economic disputes of GATT), the North American Free Trade Agreement (NAFTA), and the European Energy Charter Treaty, (signed by 45 countries in Lisbon on December 17, 1994).

What does the term “dispute resolution” mean, and how it is applied, differs from nation to nation, continent to continent, culture to culture and legal system to legal system—(including as [11-2] to both culture and legal system those defined by religion). If you are not aware of the existence of tho