The Private Public Divide In International Dispute Resolution
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The Private Public Law Divide In International Dispute Resolution
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Author : Burkhard Hess
language : en
Publisher: BRILL
Release Date : 2019-03-25
The Private Public Law Divide In International Dispute Resolution written by Burkhard Hess and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.
The Private Public Divide In International Dispute Resolution
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Author : Burkhard Hess
language : en
Publisher: Brill - Nijhoff
Release Date : 2018
The Private Public Divide In International Dispute Resolution written by Burkhard Hess and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Dispute resolution (Law). categories.
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.
The Private Public Divide In International Dispute Resolution Volume 388
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Author :
language : en
Publisher:
Release Date : 2018
The Private Public Divide In International Dispute Resolution Volume 388 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
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.
Access To Justice And International Organisations
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Author : Rishi Gulati
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17
Access To Justice And International Organisations written by Rishi Gulati 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 2022-03-17 with Law categories.
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
The Settlement Of Disputes Involving International Organizations
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Author : August Reinisch
language : en
Publisher: BRILL
Release Date : 2025-07-31
The Settlement Of Disputes Involving International Organizations written by August Reinisch and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-31 with Law categories.
Disputes involving international organizations arise on both the international level as well as the level of domestic law. These range from headquarters issues between States and international organizations to disputes between members, as well as non-members, and international organizations which are settled before such diverse mechanisms as WTO, ITLOS or regional international economic organization adjudication or arbitration. In addition, negotiation, mediation and fact-finding as non-adjudicatory means of dispute settlement may be resorted to. The more frequently arising disputes with private parties may be settled before international courts, administrative tribunals, arbitral tribunals and even national courts, although the role of the latter is usually more limited because of the jurisdictional immunity regularly enjoyed by international organizations. Based on an empirical overview of dispute settlement, policy issues like access to justice, the limited jurisdiction of courts and tribunals, due process and adequate mechanisms of dispute settlement are discussed, and some recommendations are made.
From Theory To Practice In Private International Law
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Author : Justin Borg-Barthet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
From Theory To Practice In Private International Law written by Justin Borg-Barthet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
China And International Dispute Resolution In The Context Of The Belt And Road Initiative
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Author : Wenhua Shan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
China And International Dispute Resolution In The Context Of The Belt And Road Initiative written by Wenhua Shan 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 2021-02-18 with Business & Economics categories.
The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.
The Oxford Handbook Of International Arbitration
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Author : Thomas Schultz
language : en
Publisher:
Release Date : 2020
The Oxford Handbook Of International Arbitration written by Thomas Schultz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
The Oxford Handbook of International Arbitration, A team of leading experts from across academia and practice provide an authoritative account of international arbitration, Discussion ranges from the practicalities of how arbitration technically works, to big picture analysis of the forces that underpin it, Incorporates insights from a range of disciplines beyond law, including history, sociology, literature, and economics Book jacket.
European Private International Law
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Author : Geert van Calster
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
European Private International Law written by Geert van Calster and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.