Book Description
The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.
Author : Campbell McLachlan
Publisher : Cambridge University Press
Page : 147 pages
File Size : 31,32 MB
Release : 2021-11-18
Category : Law
ISBN : 1316517829
The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.
Author : Campbell A. McLachlan
Publisher :
Page : 115 pages
File Size : 37,18 MB
Release : 2019
Category :
ISBN :
The equality of the parties is a fundamental element of a fair system of adjudication. As such it is applicable to international investment arbitration. Yet the application of the equality principle in this context has given rise to much recent debate both at the procedural and at the constitutional level, as states and other stakeholders have considered the scope for reform of investment arbitration. This Report, commissioned for the 18th Commission of the Institut de Droit International, analyses the implications of the equality principle in its application both to the establishment and design of an international investment tribunal and to its procedures: the admissibility of claims and counterclaims; and admissibility or exclusion of evidence; the effect of the State's criminal law powers on the tribunal's process; costs and security for costs. The Report will be published in the Annuaire de l'Institut de Droit International and debated at its 79th Session in The Hague, August 2019.
Author : Sangwani Patrick Ng’ambi
Publisher : Routledge
Page : 160 pages
File Size : 10,64 MB
Release : 2020-03-27
Category : Law
ISBN : 0429664540
This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.
Author : Shinya Murase
Publisher : Brill Nijhoff
Page : pages
File Size : 50,42 MB
Release : 2021-11
Category :
ISBN : 9789004508316
This volume provides a comprehensive examination of epidemics and international law from the perspective of general international law. Featuring thirty-one essays by researchers from around the world and from various areas of expertise, it demonstrates how epidemics shape - and are shaped by - international legal norms across varying domains of international law. This volume is the product of collaborative work conducted between August 2020 and April 2021 as part of the Centre for Studies and Research on Epidemics and International Law.
Author : David Schneiderman
Publisher : Oxford University Press
Page : 273 pages
File Size : 34,38 MB
Release : 2024-07-18
Category : Law
ISBN : 0198885563
Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.
Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 43,45 MB
Release : 2013-05-02
Category : Business & Economics
ISBN : 9004232230
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Author : Anastasiia Dulska
Publisher : GRIN Verlag
Page : 64 pages
File Size : 16,54 MB
Release : 2018-06-01
Category : Law
ISBN : 3668716374
Diploma Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 1.7, Humboldt-University of Berlin (International Dispute Resolution Master of Laws (LL.M.) Programme), course: International Investment Arbitration, language: English, abstract: The piercing the corporate veil in ISDS plays a twofold role. From the investors’ perspective, it is instrumental if a tribunal can ignore the difference between the legal personality of the company in which they invested in and the shares that they hold. Per contra, States also invoke this doctrine by trying to convince a tribunal to look at the true personalities involved and not to allow an investor to hide behind the veil of the different legal personalities. To address these competing interests, the author of this Master Thesis in Chapter II intends to analyse the characteristic pattern and standing of shareholders in bringing indirect claims aimed to persuade the tribunal to ignore the difference between the legal personality of a company and its shareholders and to look at the true interests at stake instead. In Chapter III, the applicability of the piercing the corporate veil doctrine will be approached from the States’ perspective and when they invoke the denial of benefits clauses. On the basis of the foregoing, this Master Thesis purports to address the intersection between the jurisdiction of the arbitral tribunal in ISDS and the concepts of investor and investment underlying the application of the piercing the corporate veil doctrine. By doing so, the author of this Master Thesis explores the provisions of IIAs commented on by authoritative treatises, contemporary views embodied in articles, and jurisprudence of international investment treaty tribunals. In order to arrive at its findings and conclusions, this Master Thesis utilizes the method of description, method of conceptual analysis, comparative method, and method of evaluation.
Author : Pierre-Marie Dupuy
Publisher : Oxford University Press
Page : 646 pages
File Size : 45,66 MB
Release : 2009
Category : Law
ISBN : 0199578184
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 191 pages
File Size : 14,91 MB
Release : 2019-02-14
Category : Law
ISBN : 1108496504
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
Author : Catharine Titi
Publisher : Oxford University Press
Page : 224 pages
File Size : 23,52 MB
Release : 2021-06-11
Category : Law
ISBN : 0192638270
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.