Principles Of Evidence In Public International Law As Applied By Investor State Tribunals
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Principles Of Evidence In Public International Law As Applied By Investor State Tribunals
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Author : Kabir A. N. Duggal
language : en
Publisher:
Release Date : 2019
Principles Of Evidence In Public International Law As Applied By Investor State Tribunals written by Kabir A. N. Duggal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Burden of proof categories.
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Principles Of Evidence In Public International Law As Applied By Investor State Tribunals
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Author : Kabir Duggal
language : en
Publisher: BRILL
Release Date : 2019-01-14
Principles Of Evidence In Public International Law As Applied By Investor State Tribunals written by Kabir Duggal and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-14 with Law categories.
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
A Nascent Common Law
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Author : Frédéric Gilles Sourgens
language : en
Publisher: Hotei Publishing
Release Date : 2015-03-20
A Nascent Common Law written by Frédéric Gilles Sourgens and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-20 with Law categories.
In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
The Institute Of International Law S Resolution On The Equality Of Parties Before International Investment Tribunals
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Author : Campbell McLachlan
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-18
The Institute Of International Law S Resolution On The Equality Of Parties Before International Investment Tribunals written by Campbell McLachlan 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 2021-11-18 with Law categories.
The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.
Damages In Investor State Arbitration
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Author : Irmgard Marboe
language : en
Publisher:
Release Date : 2018
Damages In Investor State Arbitration written by Irmgard Marboe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with International commercial arbitration categories.
Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.
Evidence In International Investment Arbitration
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Author : Frédéric Gilles Sourgens
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
Evidence In International Investment Arbitration written by Frédéric Gilles Sourgens and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby, Jr.
language : en
Publisher: Oxford University Press
Release Date : 2017-02-15
General Principles Of Law And International Due Process written by Charles T. Kotuby, Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Jurisdiction And Admissibility In Investment Arbitration
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Author : Filippo Fontanelli
language : en
Publisher: BRILL
Release Date : 2018-03-27
Jurisdiction And Admissibility In Investment Arbitration written by Filippo Fontanelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-27 with Law categories.
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
International Investment Law And Arbitration
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Author : Borzu Sabahi
language : en
Publisher: BRILL
Release Date : 2018-07-17
International Investment Law And Arbitration written by Borzu Sabahi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law categories.
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.