The International Claims Trade
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The International Claims Trade
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Author : Kathleen Claussen
language : en
Publisher:
Release Date : 2020
The International Claims Trade written by Kathleen Claussen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments & legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing claims trading seek to disguise themselves as addressing other legal issues, leading to a haphazard series of doctrines that tends to obscure the trade. The heightened visibility of all forms of external funding for claims against sovereigns has created challenges for courts and tribunals and for claimants who seek to recover on their investments. This Article analyzes the law of the international claims trade and asks what that law ought to look like in light of the theories and purposes of the international investment legal regime. Contrary to the popular view, it makes the case for secondary market players and then analyzes what should be done about them. It assesses the doctrines advanced by arbitral tribunals and by domestic courts at various stages of international investment dispute settlement involving a traded claim against a sovereign. The Article argues that, often, courts and tribunals are getting it wrong. In doing so, they obscure critical questions about why we have investment law and to what degree claims against sovereigns ought to be marketable. Drawing lessons from domestic law, the Article articulates a positive function for the international claims trade - one that investment law ought to accommodate. Finally, it proposes a way forward for states as they develop new investment instruments.
International Trade And Cargo Claims
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Author : Institute of Maritime Law
language : en
Publisher:
Release Date : 2012
International Trade And Cargo Claims written by Institute of Maritime Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Bills of lading categories.
Status Of Claims Settlements With Nonmarket Countries East German Claims Bill H R 14642
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Author : United States. Congress. House. Committee on International Relations. Subcommittee on International Trade and Commerce
language : en
Publisher:
Release Date : 1976
Status Of Claims Settlements With Nonmarket Countries East German Claims Bill H R 14642 written by United States. Congress. House. Committee on International Relations. Subcommittee on International Trade and Commerce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Germany (East) categories.
International Trade And Cargo Claims
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Author : Fraunhofer-Institut für Materialfluss und Logistik
language : en
Publisher:
Release Date : 2012
International Trade And Cargo Claims written by Fraunhofer-Institut für Materialfluss und Logistik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Bills of lading categories.
Claims Against Iran
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Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade
language : en
Publisher:
Release Date : 1983
Claims Against Iran written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Arbitration (International law) categories.
The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes
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Author : Zena Prodromou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-12
The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes written by Zena Prodromou 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 2020-08-12 with Law categories.
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
The Iran Claims Act
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Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade
language : en
Publisher:
Release Date : 1984
The Iran Claims Act written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Arbitration (International law) categories.
The International Law Of Investment Claims
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Author : Zachary Douglas
language : en
Publisher: Cambridge University Press
Release Date : 2009-06-11
The International Law Of Investment Claims written by Zachary Douglas 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 2009-06-11 with Business & Economics categories.
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Semiannual Report To The Congress
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Author : United States. Foreign Claims Settlement Commission
language : en
Publisher:
Release Date : 1960-12
Semiannual Report To The Congress written by United States. Foreign Claims Settlement Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960-12 with United States categories.
International Claims Commissions
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Author : Lea Brilmayer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-08-25
International Claims Commissions written by Lea Brilmayer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-25 with Law categories.
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.