Reforming Arbitration Reform
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Reforming Arbitration Reform
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-02-17
Reforming Arbitration Reform written by Crina Baltag 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 2025-02-17 with Law categories.
Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values Edited by Crina Baltag & Mark Feldman The legitimacy of international arbitration is being called into question. Arbitration is now subject to a multitude of regulatory sources and critical voices that seem to compromise the core interests of arbitration users and the arbitration community. This comprehensive discussion of ongoing and emerging reform efforts in both commercial and investment arbitration provides a thorough examination of how evolving values of diversity, inclusiveness, and sustainability are impacting the very nature of the field. Capturing the imperative need to critically consider how these new strategies and voices can lead to a new age of international arbitration, more than thirty well-known practitioners and academics offer invaluable perspectives on such aspects of the subject as the following: conflicts of interest and ethical dilemmas; gender diversity; alleged instances of judicial overreach; third-party funders; role of professional organizations; intersections between investment law and race, environmental protection, and indigenous peoples; role of developing states; and increasing importance of regionalism. Particular attention is paid to a number of countries and regions that have been most active in reform measures, including Latin America and the Caribbean, the MERCOSUR and ASEAN groups, the European Union, Brazil, and China. The contributions are based on papers presented at the 20th ITA-ASIL Conference which took place on 29 March 2023 in Washington DC. Given that demands for arbitration reform come from very different perspectives that need to be reconciled, the active engagement of key stakeholders of the arbitration process in reform projects is essential in order to ensure that reforms are meaningful and successful. For this reason, the book will prove of immeasurable value to both arbitration users and regulators for the in-depth understanding it will impart of how emerging voices are advancing reform of the international arbitration practice area.
Reforming Law Reform
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Author : Michael Tilbury
language : en
Publisher: Hong Kong University Press
Release Date : 2014-01-01
Reforming Law Reform written by Michael Tilbury and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Law categories.
As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission
The Political Economy Of The Investment Treaty Regime
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Author : Jonathan Bonnitcha
language : en
Publisher: Oxford University Press
Release Date : 2017
The Political Economy Of The Investment Treaty Regime written by Jonathan Bonnitcha 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 with Business & Economics categories.
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Investor State Arbitration In A Changing World Order
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Author : Alexander W. Resar
language : en
Publisher: Brill Research Perspectives in
Release Date : 2021
Investor State Arbitration In A Changing World Order written by Alexander W. Resar and has been published by Brill Research Perspectives in this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution's development, current reforms are insufficient to guarantee investor state arbitration's survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.
Reforming Democracy
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Author : Camille Bedock
language : en
Publisher: Oxford University Press
Release Date : 2017-05-12
Reforming Democracy written by Camille Bedock 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 2017-05-12 with Political Science categories.
When, why, and how are democratic institutions reformed? This is the broad question guiding this research, rooted in a context of crises of representative democracy. Core democratic rules can be understood as the formal political rules regulating the direct relationship between elites within the political system, parties, and citizens. They are therefore the cornerstone of the functioning of any political system. This book deals with the context, the motives, and the mechanisms explaining the incidence of institutional engineering in consolidated European democracies between 1990 and 2015. It is centred on the choice of political elites to use - or not to use - institutional engineering as a response to the challenges they face. This study provides both a better empirical understanding of the world of democratic reforms in consolidated democracies, thanks to a new data-set covering six dimensions of reform in 18 European countries. Secondly, the book provides evidence about the link between the lack of political support and democratic reforms, and the role of electoral shifts in fostering reforms. Thirdly, this research shows that the final outcome of a given reform depends on the type of reform at stake and on the process used during the phase of discussion of the reform, though case studies in Ireland, France and Italy. Ultimately, the book demonstrates that contrary to what has been commonly assumed, reforms of the core democratic rules are frequent and constitute in most cases an answer of challenged political elites to the erosion of political support and electoral change. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.ecprnet.eu. The series is edited by Emilie van Haute, Professor of Political Science, Université libre de Bruxelles; Ferdinand Müller-Rommel, Director of the Center for the Study of Democracy, Leuphana University; and Susan Scarrow, Chair of the Department of Political Science, University of Houston.
The Legitimacy Of Investment Arbitration
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Author : Daniel Behn
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-13
The Legitimacy Of Investment Arbitration written by Daniel Behn 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 2022-01-13 with Law categories.
A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.
Second Thoughts
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Author : Marc Bungenberg
language : en
Publisher: Cigi
Release Date : 2017
Second Thoughts written by Marc Bungenberg and has been published by Cigi this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Commercial treaties categories.
Since the first international investment agreement was negotiated nearly six decades ago, developed countries have sought to protect their investors against the possible failure of host countries (usually a developing country) to respect treaty standards. The North American Free Trade Agreement and the European Energy Charter, both dating from 1994, marked the first instances of developed countries signing an agreement containing provisions for investor-state arbitration (ISA) between themselves. Since then, ISA has become a standard feature of international investment agreements, even as the chorus of protest against ISA from civil society groups (and some nations) has grown louder. Second Thoughts gathers the reflections of fourteen international investment experts, examining experiences of ISA in Canada and various parts of the world, and asking whether ISA is appropriate between developed democracies.
The Politics Of Court Reform
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Author : Melissa Crouch
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-19
The Politics Of Court Reform written by Melissa Crouch 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 2019-09-19 with Law categories.
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Reforming Justice
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Author : Livingston Armytage
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-03
Reforming Justice written by Livingston Armytage 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 2012-05-03 with Law categories.
Livingston Armytage explores how justice reform can be made more effective.
The Investment Treaty Regime And Public Interest Regulation In Africa
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Author : Dominic Npoanlari Dagbanja
language : en
Publisher: Oxford University Press
Release Date : 2022-07-14
The Investment Treaty Regime And Public Interest Regulation In Africa written by Dominic Npoanlari Dagbanja 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 2022-07-14 with Law categories.
A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.