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3 J. Int'l Disp. Settlement 1 (2012)

handle is hein.journals/jloildte3 and id is 1 raw text is: Journal of International Dispute Settlement, Vol. 3, No. 1 (2012), pp. 1-5 doi:10.1093/jnlids/ids001 EDITORIAL King Rex II Let me start with an allegory. King Rex, having failed eight times to make law for his subjects, as Lon Fuller beautifully recounted in his famous tale,' reasoned it was time for him to pursue other ideals in life. He decided to marry his new girlfriend, who had just divorced her second husband and was leading a life that was more often characterized as interesting than as particularly morally virtuous. Rex's ministers, eager to seize the occasion to oust a king so bungling when it came to lawmaking, evoked her solecisms and suggested he abdicate, arguing that it was not appropriate for his subjects to be morally inspired by such a queen. Tired of the complications and of his subjects, he soon signed the instruments of abdication and was free. His much younger brother succeeded to the throne. He chose for himself the name Rex II. Freshly out of law school, where he had become infatuated with arbitration, he decided that arbitration was the instrument he needed to succeed where his older brother, whose zeal for reformation he shared, had so spectacularly failed: making law for his subjects. And with such grand ambitions he got to work. His first act was to announce that he would repeal all existing rules and draft a new code. But before he could actually implement his plan, delegation after delegation of international arbitrators-an important crowd for the young king-requested an audience. He soon became aware of the fact that they wanted to keep the multitude of existing codes, because they could not conceive of working with fewer rules ('more rules are better than less', they chanted in the royal gardens). At the same time, though, they wanted the rules to be both more adaptable to the particulars of individual situations and be given 'transnational' meaning, so as to please their clients. Rex II, a prudent king, comprehended that this was too ambitious a plan and thought it preferable to leave it aside. After a considerable time spent brooding over what he viewed as the delegations' indelicacies, he decided, first, that he was annoyed with the arbitrators, who were not as empyrean as he had been told in law school, and, 1 L Fuller, The Morality of Law (rev edn, Yale University Press 1969), section entitled 'Eight Ways to Fail to Make Law', 33-38. © The Author 2012. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com

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