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Author : Thomas W. Waelde
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)
Download or read book A Liber Amicorum : Thomas Wälde written by Thomas W. Waelde and published by . This book was released on 2009 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arif Hyder Ali
Publisher :
ISBN 13 :
Total Pages : 317 pages
Book Rating : 4.:/5 (763 download)
Download or read book A Liber Amicorum : Thomas Wälde written by Arif Hyder Ali and published by . This book was released on 2009 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : BRILL
ISBN 13 : 9004375767
Total Pages : 318 pages
Book Rating : 4.0/5 (43 download)
Download or read book Law and Language in the Middle Ages written by and published by BRILL. This book was released on 2018-07-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.
Author : Filip Balcerzak
Publisher : BRILL
ISBN 13 : 9004339000
Total Pages : 331 pages
Book Rating : 4.0/5 (43 download)
Download or read book Investor – State Arbitration and Human Rights written by Filip Balcerzak and published by BRILL. This book was released on 2017-08-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
Author : Patrick Dumberry
Publisher : BRILL
ISBN 13 : 9004366121
Total Pages : 88 pages
Book Rating : 4.0/5 (43 download)
Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.
Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446616
Total Pages : 16 pages
Book Rating : 4.9/5 (294 download)
Download or read book Annulment of ICSID Awards written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2004 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marc Jacob
Publisher : Cambridge University Press
ISBN 13 : 1107045495
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)
Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author : Cory H. Kent
Publisher : BRILL
ISBN 13 : 9004450165
Total Pages : 235 pages
Book Rating : 4.0/5 (44 download)
Download or read book Social License and Dispute Resolution in the Extractive Industries written by Cory H. Kent and published by BRILL. This book was released on 2021-03-01 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.
Author : Tobias Ackermann
Publisher : Nijhoff International Investme
ISBN 13 : 9789004442801
Total Pages : 491 pages
Book Rating : 4.4/5 (428 download)
Download or read book Investments in Conflict Zones written by Tobias Ackermann and published by Nijhoff International Investme. This book was released on 2020-12-17 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
Author : Katharina Diel-Gligor
Publisher : BRILL
ISBN 13 : 9004337911
Total Pages : 614 pages
Book Rating : 4.0/5 (43 download)
Download or read book Towards Consistency in International Investment Jurisprudence written by Katharina Diel-Gligor and published by BRILL. This book was released on 2017-05-22 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
Author : Nienke Grossman
Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Author : Natalie Klein
Publisher : Cambridge University Press
ISBN 13 : 1139916076
Total Pages : 533 pages
Book Rating : 4.1/5 (399 download)
Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Author : Stephen Minas
Publisher : BRILL
ISBN 13 : 9004352929
Total Pages : 377 pages
Book Rating : 4.0/5 (43 download)
Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Author : Todd Weiler
Publisher : BRILL
ISBN 13 : 9004191429
Total Pages : 611 pages
Book Rating : 4.0/5 (41 download)
Download or read book New Directions in International Economic Law written by Todd Weiler and published by BRILL. This book was released on 2011-08-11 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is dedicated to the life and work of Prof. Thomas Wälde (†2008), a leading scholar and international lawyer. Contributions reflect the eclectic and multifaceted career of Prof. Wälde, who was an authority on diverse areas such as natural resources law, international dispute settlement, international investment law and economic development. The authors are all leaders in their respective fields of international law, providing timely, critical assessments on the most challenging topics facing the international community. While the thrust of this volume is on international investment law and dispute settlement, contributors also address a wide array of related issues, including lex mercatoria, human rights, corporate social responsibility, and natural resources law. It will appeal to practitioners and academics alike. All royalties from sales of this volume assist in sustaining the Thomas Wälde PhD Scholarship in International Economic Law, at the Centre for Energy, Mineral and Petroleum Law and Policy in Dundee, Scotland.
Author : Pieter H. F. Bekker
Publisher : Cambridge University Press
ISBN 13 : 1139492144
Total Pages : 719 pages
Book Rating : 4.1/5 (394 download)
Download or read book Making Transnational Law Work in the Global Economy written by Pieter H. F. Bekker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
Author : Yuliya Chernykh
Publisher : International Litigation in Press
ISBN 13 : 9789004414679
Total Pages : 632 pages
Book Rating : 4.4/5 (146 download)
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
