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POLITICAL ECONOMY OF PRIVATE COMMERCIAL ARBITRATION
IN COLOMBIA
by
Javier Mauricio Sanabria
______________________________________________________________
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(POLITICAL ECONOMY AND PUBLIC POLICY)
December 2009
Copyright 2009 Javier Mauricio Sanabria
Object Description
| Title | Political economy of private commercial arbitration in Colombia |
| Author | Sanabria, Javier Mauricio |
| Author email | sanabria.jm@gmail.com; sanabria@usc.edu |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Political Economy & Public Policy |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2009-08-20 |
| Date submitted | 2009 |
| Restricted until | Unrestricted |
| Date published | 2009-09-08 |
| Advisor (committee chair) | Wise, Carol |
| Advisor (committee member) |
Dekle, Robert McKenzie, Roderick |
| Abstract | This dissertation analyzes legal and institutional responses to economic liberalization in Colombia. The main hypothesis is that the increasing use of alternative dispute resolution mechanisms (ADRMs) by economic agents is the consequence of global economic pressures, as well as an attempt to address the crisis of the national judicial system. ADRM's reduce transaction costs, and offer more efficient, predictable, and independent venues for resolving litigation. Consequently, they create a more stable environment for investors. This, in turn, suggests that the relationship between law and economics is rapidly changing at the structural level in Colombia; this latter point constitutes a secondary hypothesis, wherein market-friendly governance structures guided by private interests are displacing those dominated by the state.; This study criticizes and transcends macro-regional analyses of the economic model and indices of institutional reform as the main indicators of economic "success." The analysis favors a micro case studies approach to better comprehend the interconnection between legal institutions and the development of the private sector. It analyzes 112 actual arbitration cases heard before the Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce, between 1985 and 2007. The cases are organized by parties to the arbitration, commercial transaction in dispute, legal pretensions and defense mechanisms of the litigants, length of the arbitration process, means of proof or evidence requested, costs, and demand trends for arbitration.; In sum, this dissertation offers a more informed understanding of the relationship between law and economics at the practical level from a specific Latin American domestic standpoint. At the same time, it creates a framework for analysis applicable to other Latin American countries, and developing and transition economies in general. |
| Keyword | alternative dispute resolution; private commercial arbitration; commercial law; law and economics; Colombian legal institutions; transaction costs economics; international institutional rankings |
| Geographic subject (country) | Colombia |
| Coverage date | 1985/2007 |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m2592 |
| Rights | Sanabria, Javier Mauricio |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-Sanabria-3234 |
| Archival file | uscthesesreloadpub_Volume40/etd-Sanabria-3234.pdf |
Description
| Title | Page 1 |
| Full text | POLITICAL ECONOMY OF PRIVATE COMMERCIAL ARBITRATION IN COLOMBIA by Javier Mauricio Sanabria ______________________________________________________________ A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (POLITICAL ECONOMY AND PUBLIC POLICY) December 2009 Copyright 2009 Javier Mauricio Sanabria |
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