In plural societies identity politics and cultural practices of ethnic, religious, and sexual minorities are under pressure. At the constitutional level, religious identity politics—with the headscarf as the most prominent example—as well religious dispute resolution practices in ethno-religious communities—are increasingly seen as disregarding or threatening the constitutional and human rights order. The latter is particularly...
Family law arbitration, how new British citizens are seeking justice
British commonwealth citizens came and built their lives in Britain and with that came family reunification and the birth of the first British born South Asians. These new Brits have gone on to have their own families and now are left with the difficult task of framing their plural identity alongside their place of birth....
Gender and Ethnic Diversity in International Arbitration
The absence of women in international arbitration causes concerns from an equality perspective but also from a representational democracy perspective. Put differently, the absence of women constitutes an issue for the legitimacy of such jurisdictions. This is problematic given that an increasing number of issues are “litigated“ via arbitration and that in certain areas, such...
Towards a Constitutional Doctrine of Alternative Dispute Resolution
In recent years, a discourse on ethno-religious minorities emerged, attesting that certain communities are involved in processes of dispute resolution. According to the alarming arguments from judicial and law enforcement institutions they pose a threat to the fundamental principles of public law. This paper will challenge this discourse on two levels: empirical and normative. First,...