Contracting With Sovereignty
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Contracting With Sovereignty
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Author : Ivar Alvik
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-12
Contracting With Sovereignty written by Ivar Alvik and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-12 with Law categories.
The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Contracting States
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Author : Alexander Cooley
language : en
Publisher: Princeton University Press
Release Date : 2009-05-10
Contracting States written by Alexander Cooley and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-10 with Law categories.
From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.
The Contracting State
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Author : Ian Harden
language : en
Publisher:
Release Date : 1992
The Contracting State written by Ian Harden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
The author examines the role of contract in local government services, the NHS reforms and the "Next Steps" agencies in central government. He argues that there are two aspects to this issue: party political objectives and constitutional values, or in other words, ideology versus individual rights.
Outsourcing Sovereignty
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Author : Paul R. Verkuil
language : en
Publisher:
Release Date : 2007
Outsourcing Sovereignty written by Paul R. Verkuil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Contracting out categories.
Examines the common practice of government contracting for tasks and consulting.
The End Of Sovereignty
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Author : Transatlantic Policy Consortium. Annual Colloquium
language : en
Publisher: LIT Verlag Münster
Release Date : 2006
The End Of Sovereignty written by Transatlantic Policy Consortium. Annual Colloquium and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
The second volume of the Transatlantic Public Policy Series comprises contributions by members of the Transatlantic Policy Consortium (TPC). The 17 provocative contributions focus on the concept of internal and external sovereignty which is critical on both sides of the Atlantic. It is not easy to articulate the domain and limits of the state's control of its resources, its capacity to coerce activities within its borders, its powers to treat other states as co-equals across a border, or even implement its own defense, trade or regulatory policies. The volume provides a unique insight into these problems from a European and US perspective.
Permanent Sovereignty Over Natural Resources
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Author : Marc Bungenberg
language : en
Publisher: Springer
Release Date : 2015-04-15
Permanent Sovereignty Over Natural Resources written by Marc Bungenberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-15 with Law categories.
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Outsourcing Sovereignty
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Author : Paul R. Verkuil
language : en
Publisher: Cambridge University Press
Release Date : 2007-12-19
Outsourcing Sovereignty written by Paul R. Verkuil and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-19 with Political Science categories.
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
International Energy Investment Law
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Author : Mustafa Erkan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-12-22
International Energy Investment Law written by Mustafa Erkan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-22 with Law categories.
Contemporary legal practice has developed powerful contractual mechanisms to mitigate the political risks attendant on energy projects. However, until now most of what we know about the contractual management of these risks has been based on theoretical literature and the facts of cases rather than careful empirical study. This one-of-a-kind book breaks new ground. The author presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector. Going far beyond an analysis of the literature, the research includes in-depth interviews with specialist lawyers and representatives of companies who have not only a theoretical knowledge but practical experience with the problems of host government interventions, as well as with international petroleum negotiators, members of international organizations in the petroleum business, and dispute settlement bodies.
Contracting With Sovereign Countries In A Globalized World
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Author : Thomas Weithöner
language : en
Publisher:
Release Date : 2003
Contracting With Sovereign Countries In A Globalized World written by Thomas Weithöner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.