Transpar Ncia No Processo Arbitral

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Transpar Ncia No Processo Arbitral

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Author : Ana Olivia Antunes Haddad
language : pt-BR
Publisher: Almedina Brasil
Release Date : 2021-02-01

Transpar Ncia No Processo Arbitral written by Ana Olivia Antunes Haddad and has been published by Almedina Brasil this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Law categories.

O presente livro analisa, de forma abrangente e crítica, quais são as funções, os benefícios e os efeitos negativos da transparência e do sigilo no processo arbitral, bem como propõe soluções concretas para aumentar a transparência da arbitragem no Brasil. Na primeira parte da obra, a Autora apresenta os resultados de sua pesquisa com várias instituições arbitrais, que evidenciam o baixo nível de transparência da arbitragem e os seus efeitos danosos. Após discorrer sobre os benefícios e os efeitos negativos do aumento de publicidade, a Autora conclui ser possível tornar a arbitragem mais transparente e, ao mesmo tempo, preservar o sigilo desejado pelas partes. Na segunda parte da obra, de cunho propositivo, a Autora sugere como e quais medidas podem ser adotadas em prol de mais transparência, tanto em arbitragens entre particulares, como em procedimentos com a Administração Pública.

The Future Of Investment Treaty Arbitration In The Eu

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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16

The Future Of Investment Treaty Arbitration In The Eu 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 2020-07-16 with Law categories.

In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments. With contributions from leading academics and practitioners, the book addresses the following themes: Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court. The original purpose and features of investment protection, with particular focus on the EU. The Achmea judgment and its impact on the Energy Charter Treaty and energy investments. The ongoing discussion to modernize the Energy Charter Treaty post-Achmea. EU state aid and investment arbitral awards. Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit. Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States. This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law. Testimonial: ”...is a welcome addition to the already vast literature focusing on EU investment arbitration. Perhaps the main merit of the book is that it brings together different perspectives on the debates ensuing in this field, offering the reader both the EU perspective and that of public international/investment lawyers. As such, it harmoniously integrates those - sometimes conflicting - views and is a great starting point for anyone unfamiliar with the subject (while also being of relevance to practitioners and academics with a knowledge of intra-EU investment arbitration), allowing the reader to gain an in-depth and fully comprehensive understanding of the legal problems raised in this area.” Alexandros-Catalin Bakos (LL.M) Editor, Revista Româna de Arbitraj / Volume 54, Issue 3/2020, p183-194

Treaty Series Recueil Des Traites

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Author : United Nations
language : en
Publisher: UN
Release Date : 2007-11-02

Treaty Series Recueil Des Traites written by United Nations and has been published by UN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-02 with Political Science categories.

Getting Disputes Resolved

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Author : William L. Ury
language : en
Publisher: Jossey-Bass
Release Date : 1988-11-25

Getting Disputes Resolved written by William L. Ury and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-11-25 with Business & Economics categories.

This book offers tested guidelines for designing a dispute resolution system that will help handle conflicts effectively on an ongoing basis - and avoid the damaging costs of attorneys fees, lost production, and emotional injury.

Icsid Convention After 50 Years

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Author : Crina Baltag
language : en
Publisher: Kluwer Law International
Release Date : 2017

Icsid Convention After 50 Years written by Crina Baltag and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution's next phase. The ICSID has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments - probably the most notable development of international law of the past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015. What's in this book: This volume is a collection of twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: the political and economic reasons behind the creation of the ICSID; admissibility and jurisdiction; ICSID vis-à-vis bilateral investment treaties; States' concerns about the 'partiality' of arbitrators in favour of investors; proceedings involving a non-contracting State; applicable laws under the ICSID Convention; conflicting interpretations of ICSID Convention provisions; interaction of foreign investment and economic development; value of ICSID awards in the light of EU law; annulment of ICSID awards; effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); attribution of conduct of State-owned enterprises (SOEs); recognition and enforcement of ICSID arbitral awards; counterclaims; and allocation of costs. The cases involve a broad spectrum of international economic matters, including provisions of the Energy Charter Treaty, exploitation of natural resources, electric power, transportation, construction, finance, communications, water, sanitation, agriculture, fishing and forestry, and service and trade. How this will help you: As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital - and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation - this book has no peers. Considering the current crisis of investment law, the book's immediate value, not only to investors and their counsel but also to practitioners and academics, in the field of investment law and arbitration, and public international law cannot be overstated.

The Punitive Society

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Author : Michel Foucault
language : en
Publisher: Springer
Release Date : 2016-04-29

The Punitive Society written by Michel Foucault and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Philosophy categories.

These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society.

Bringing In The People

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Author : Markku Suksi
language : en
Publisher: BRILL
Release Date : 2024-02-26

Bringing In The People written by Markku Suksi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.

The referendum is not a monolithic method of national decision making. There are a multitude of referendum forms which exist under varying constitutional conditions and operate in different ways. A global comparison shows that more than half the constitutions of the world provide for the referendum at a national level, but referendums are also carried out without explicit constitutional support. Two main forms of referendum can be observed, the mandatory constitutional referendum and the policy vote. This book argues that the referendum does not undermine representative decision making, but supplements it in various ways: the referendum is not diametrically opposed to representative government, and when properly designed and used, the institution of the referendum can enhance the legitimacy of a constitutional and political system. This book is the first comprehensive constitutional and comparative analysis of the referendum. It offers illuminating and intriguing reading for all those interested in national decision making.

The Context Of Redd In Mozambique Drivers Agents And Institutions

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Author : Almeida Sitoe
language : en
Publisher: CIFOR
Release Date : 2012-01-01

The Context Of Redd In Mozambique Drivers Agents And Institutions written by Almeida Sitoe and has been published by CIFOR this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with categories.

This publication offers an overview of REDD+ strategy in Mozambique through a synthesis of the current knowledge about the causes of forest carbon changes, a review of the legal and institutional context, and a description of the current political process of REDD+. The objective of the study is to collate data and relevant information, and to offer a preliminary analysis of the fundamental aspects that can help promote efficiency, efficacy, and equity in REDD+ policy. Specifically, this study concludes that some of the major problems for REDD+ in Mozambique are the lack of data about deforestation and forest degradation, institutional weakness (regarding monitoring and propriety rights), and gaps in human and technical capacity to fulfil demands associated with REDD+. Therefore, efficient results will depend on the degree to which REDD+ policies are oriented toward real mitigation of the sources of forest carbon changes. In Mozambique, REDD+ policy tends to originate outside the timber sector. The cost-effectiveness of the results will depend on identifying and addressing the fundamental causes of forest carbon changes through more viable REDD+ policy options; government capacity to respond to REDD+ demands, especially at the sub-national level; the capacity of civil society and other institutions; and the strength of the institutional framework. The degree of success of equitable outcomes and the generation of co-benefits will depend on the inclusion and appropriateness of the processes at the national level; if those who support REDD+ costs are also being compensated; and on the general definition of carbon rights and environmental services.

International Investment Law And Arbitration

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Author : Todd Weiler
language : en
Publisher: Cameron May
Release Date : 2005

International Investment Law And Arbitration written by Todd Weiler and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Presents a collection of essays.

Detecting Fake News On Social Media

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Author : Kai Shu
language : en
Publisher: Springer Nature
Release Date : 2022-05-31

Detecting Fake News On Social Media written by Kai Shu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Computers categories.

In the past decade, social media has become increasingly popular for news consumption due to its easy access, fast dissemination, and low cost. However, social media also enables the wide propagation of "fake news," i.e., news with intentionally false information. Fake news on social media can have significant negative societal effects. Therefore, fake news detection on social media has recently become an emerging research area that is attracting tremendous attention. This book, from a data mining perspective, introduces the basic concepts and characteristics of fake news across disciplines, reviews representative fake news detection methods in a principled way, and illustrates challenging issues of fake news detection on social media. In particular, we discussed the value of news content and social context, and important extensions to handle early detection, weakly-supervised detection, and explainable detection. The concepts, algorithms, and methods described in this lecture can help harness the power of social media to build effective and intelligent fake news detection systems. This book is an accessible introduction to the study of detecting fake news on social media. It is an essential reading for students, researchers, and practitioners to understand, manage, and excel in this area. This book is supported by additional materials, including lecture slides, the complete set of figures, key references, datasets, tools used in this book, and the source code of representative algorithms. The readers are encouraged to visit the book website for the latest information: http://dmml.asu.edu/dfn/