The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
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The Selection And Removal Of Arbitrators In Investor State Dispute Settlement
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Author : Chiara Giorgetti
language : en
Publisher: BRILL
Release Date : 2019-09-24
The Selection And Removal Of Arbitrators In Investor State Dispute Settlement written by Chiara Giorgetti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.
Ysec Yearbook Of Socio Economic Constitutions 2022
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Author : Eva Storskrubb
language : en
Publisher: Springer Nature
Release Date : 2023-10-12
Ysec Yearbook Of Socio Economic Constitutions 2022 written by Eva Storskrubb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-12 with Law categories.
Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
International Investment Law
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Author : Hélène Ruiz Fabri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-19
International Investment Law written by Hélène Ruiz Fabri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.
The Parthenon Marbles And International Law
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Author : Catharine Titi
language : en
Publisher: Springer Nature
Release Date : 2023-05-24
The Parthenon Marbles And International Law written by Catharine Titi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-24 with Law categories.
The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.
Wither The West
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Author : Chiara Giorgetti
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
Wither The West written by Chiara Giorgetti 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 2021-04-29 with Law categories.
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
Merrills International Dispute Settlement
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Author : John Merrills
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-10
Merrills International Dispute Settlement written by John Merrills 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 2022-03-10 with Law categories.
The seventh edition of this successful textbook on the techniques and institutions used to solve international disputes.
Legitimacy And International Courts
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Author : Nienke Grossman
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Legitimacy And International Courts written by Nienke Grossman 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 2018-02-22 with Law categories.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
The Trouble With Foreign Investor Protection
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Author : Gus Van Harten
language : en
Publisher:
Release Date : 2020
The Trouble With Foreign Investor Protection written by Gus Van Harten and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Business & Economics categories.
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.
Reshaping The Investor State Dispute Settlement System
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Author : Jean E. Kalicki
language : en
Publisher: Hotei Publishing
Release Date : 2015-02-04
Reshaping The Investor State Dispute Settlement System written by Jean E. Kalicki and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-04 with Law categories.
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Asean And The Reform Of Investor State Dispute Settlement
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Author : Calamita, Nicolas J.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-07-19
Asean And The Reform Of Investor State Dispute Settlement written by Calamita, Nicolas J. 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 2022-07-19 with Law categories.
The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date. This book addresses that gap by presenting, analysing and assessing ISDS reform from an ASEAN perspective, taking into account the experience, needs and concerns of ASEAN as a community and of its member states.