Date of Award

5-1-2008

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Sompong Sucharitkul

Second Advisor

Peter Keane

Third Advisor

Sophie Clavier

Abstract

As a global community comes closer to a reality in which there is an international rule of law, a borderless standard of ethics and integrity in adjudication must be developed. Since the beginning of structured adjudication of disputes, ethics and integrity have been an integral part of the process. Even in biblical law, ethics and integrity are emphasized. Now, that many legal disputes, especially in the commercial arena including business and trade disputes, are being adjudicated between and among many different states and individuals from many different states, with many different formal and informal adjudicatory systems, the need for ethics and integrity in those systems is essential for the world community to have confidence in the adjudicatory outcome. Those engaged in multi-national business and trade want to be sure that disputes will be fairly and impartially judged. This document will discuss the essential elements in designing and evaluating an adjudication system that will promote ethical conduct and integrity in both the system and in the individuals that adjudicate, administer and use the system. If we go forward without an agreement on what is necessary to assure ethical conduct, world citizens can not be assured that their rights will be protected. Corruption and decay clearly undermine the confidence of the world community when a system of adjudication cannot assure its participants that judgments reached are free of such negative elements. Ethics and integrity are fundamental to the concept of fair judgment. Ultimately, faith and trust in adjudication promotes world peace and free commerce.

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