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Author : Michael Waibel
Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.:/5 (849 download)
Download or read book Sovereign Defaults Before International Courts and Tribunals written by Michael Waibel and published by . This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Waibel (Lawyer)
Publisher :
ISBN 13 : 9781139069823
Total Pages : 366 pages
Book Rating : 4.0/5 (698 download)
Download or read book Sovereign Defaults Before International Courts and Tribunals written by Michael Waibel (Lawyer) and published by . This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults"--
Author : Michael Waibel (LL. M)
Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.:/5 (19 download)
Download or read book Sovereign Defaults Before International Courts and Tribunals written by Michael Waibel (LL. M) and published by . This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults"
Author : Michael Waibel
Publisher : Cambridge University Press
ISBN 13 : 1139496131
Total Pages : 429 pages
Book Rating : 4.1/5 (394 download)
Download or read book Sovereign Defaults before International Courts and Tribunals written by Michael Waibel and published by Cambridge University Press. This book was released on 2011-05-26 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.
Author : Julian Schumacher
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (12 download)
Download or read book Sovereign Defaults in Court written by Julian Schumacher and published by . This book was released on 2018 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, defaulting governments were immune from legal action by foreign creditors. This paper shows that this is no longer the case. Building a dataset covering four decades, we find that creditor lawsuits have become an increasingly common feature of sovereign debt markets. The legal developments have strengthened the hands of creditors and raised the cost of default for debtors. We show that legal disputes in the US and the UK disrupt government access to international capital markets, as foreign courts can impose a financial embargo on sovereigns. The findings are consistent with theoretical models with creditor sanctions and suggest that sovereign debt is becoming more enforceable. We discuss how the threat of litigation affects debt management, government willingness to pay, and the resolution of debt crises.
Author : Cameron A. Miles
Publisher : Cambridge University Press
ISBN 13 : 1107125596
Total Pages : 591 pages
Book Rating : 4.1/5 (71 download)
Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2 Dispute Settlement Under UNCLOS
Author : Arif H. Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535628
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)
Download or read book International Investment Protection of Global Banking and Finance written by Arif H. Ali and published by Kluwer Law International B.V.. This book was released on 2021-09-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
Author : Mr.Udaibir S. Das
Publisher : International Monetary Fund
ISBN 13 : 1475505531
Total Pages : 128 pages
Book Rating : 4.4/5 (755 download)
Download or read book Sovereign Debt Restructurings 1950-2010 written by Mr.Udaibir S. Das and published by International Monetary Fund. This book was released on 2012-08-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.
Author : Rachel Denae Thrasher
Publisher : Anthem Press
ISBN 13 : 1785277634
Total Pages : 149 pages
Book Rating : 4.7/5 (852 download)
Download or read book Constraining Development written by Rachel Denae Thrasher and published by Anthem Press. This book was released on 2021-07-06 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a fundamental mismatch between the global trade rules as they govern international economic behaviour and the political economic factors influencing domestic policy making. It comes as no surprise, therefore, that the multilateral trading system is in crisis. Countries are increasingly turning to bilateral and regional (and mega-regional) trade deals to push forward their trade agenda. There is far less consensus around these next-generation trade agreements which reach into every aspect of domestic policy-making. At this time, more than ever, policy-makers, treaty negotiators, and scholars and students of international law need to understand the ways in which this growing regime of international trade and investment impacts regulatory decisions. This book demonstrates how seemingly disparate spheres of legal theory and practice (investment incentives, patent protection, land reform, etc.) are all linked together through the lens of international trade and investment, while also offering solutions in the form of new negotiating texts and country examples as a way forward toward a new multilateral trade and investment regime. Furthermore, each chapter identifies the regulatory challenges facing countries.
Author : Manuel Indlekofer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041147748
Total Pages : 480 pages
Book Rating : 4.0/5 (411 download)
Download or read book International Arbitration and the Permanent Court of Arbitration written by Manuel Indlekofer and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Author : Miguel Ángel Adame Martínez
Publisher : ARANZADI / CIVITAS
ISBN 13 : 8413919509
Total Pages : 862 pages
Book Rating : 4.4/5 (139 download)
Download or read book The contractual approach to sovereign debt default and restructuring written by Miguel Ángel Adame Martínez and published by ARANZADI / CIVITAS. This book was released on 2022-01-24 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign Debt (SD) is a subject of pervasive interests considering its size and that keeps on growing unabated. The book defends a contractual approach to manage SD default and restructuring against a trend fostered by international organizations and groups of interests that are trying to introduce a public solution akind to a bankruptcy procedure for the embattled Sovereigns. It carefully debunks the arguments of those that defend the bankrucpty approach, and shows with a palette of arguments that the contractual approach streamlined with new clauses and incorporating some elements from the ongoing reform of the international financial architecture is the best alternative to handle it efficiently. Contract law, enhanced via the newly generated transnational private law on the field --that becames a sort of lex mercatoria debitoris soberanis--, is analyzed and applied. Solutions are tested and confirmed against the leading methodological approaches, L&E, game theory and a touch of the critique. Although the book is writen from a technical legal perspective it frames the legal solutions within the economic and political background, as SD is at the core of both the monetary system and the payment systems.
Author : Zachary Douglas
Publisher : Oxford University Press
ISBN 13 : 019968538X
Total Pages : 586 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by Oxford University Press. This book was released on 2014-02 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
Author : Christian J. Tams
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368885
Total Pages : 384 pages
Book Rating : 4.7/5 (853 download)
Download or read book International Investment Law and the Global Financial Architecture written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.
Author : Karl P. Sauvant
Publisher : Oxford University Press, USA
ISBN 13 : 0199812357
Total Pages : 1082 pages
Book Rating : 4.1/5 (998 download)
Download or read book Yearbook on International Investment Law & Policy 2010-2011 written by Karl P. Sauvant and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
Author : Omri Sender
Publisher : Cambridge University Press
ISBN 13 : 1009354329
Total Pages : 313 pages
Book Rating : 4.0/5 (93 download)
Download or read book International Law-Making by the International Court of Justice and International Law Commission written by Omri Sender and published by Cambridge University Press. This book was released on 2024-06-30 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unparalleled account of the relationship between two central organs of the international legal order and its impact.
Author : Ilias Bantekas
Publisher : Oxford University Press, USA
ISBN 13 : 019881044X
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)
Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by Oxford University Press, USA. This book was released on 2019-01-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Author : Tanjina Sharmin
Publisher : Springer Nature
ISBN 13 : 9811537305
Total Pages : 302 pages
Book Rating : 4.8/5 (115 download)
Download or read book Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals written by Tanjina Sharmin and published by Springer Nature. This book was released on 2020-04-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
