Soft Law In International Arbitration

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"Soft Law" in International Commercial Arbitration

Felix Dasser
Soft Law in International Commercial Arbitration Book PDF

Author : Felix Dasser
Publisher : BRILL
Page : 300 pages
File Size : 50,8 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004462908

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"Soft Law" in International Commercial Arbitration by Felix Dasser Pdf

This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

Soft Law in International Arbitration

Lawrence W. Newman,Michael J. Radine
Soft Law in International Arbitration Book PDF

Author : Lawrence W. Newman,Michael J. Radine
Publisher : Juris Publishing, Inc.
Page : 20 pages
File Size : 41,9 Mb
Release : 2014-04-01
Category : Law
ISBN : 9781937518431

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Soft Law in International Arbitration by Lawrence W. Newman,Michael J. Radine Pdf

Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Forming Transnational Dispute Settlement Norms

Shahla F. Ali
Forming Transnational Dispute Settlement Norms Book PDF

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 51,5 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789907179

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Forming Transnational Dispute Settlement Norms by Shahla F. Ali Pdf

This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

International Arbitration and Private International Law

George A. Bermann
International Arbitration and Private International Law Book PDF

Author : George A. Bermann
Publisher : BRILL
Page : 648 pages
File Size : 53,5 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789004348271

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International Arbitration and Private International Law by George A. Bermann Pdf

No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.

International Investment Law and Soft Law

Andrea K. Bjorklund,August Reinisch
International Investment Law and Soft Law Book PDF

Author : Andrea K. Bjorklund,August Reinisch
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 51,6 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781003220

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International Investment Law and Soft Law by Andrea K. Bjorklund,August Reinisch Pdf

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

International Investment Law

Tarcisio Gazzini,Eric De Brabandere
International Investment Law Book PDF

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 42,9 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

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International Investment Law by Tarcisio Gazzini,Eric De Brabandere Pdf

Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

The Oxford Handbook of International Environmental Law

Lavanya Rajamani,Jacqueline Peel
The Oxford Handbook of International Environmental Law Book PDF

Author : Lavanya Rajamani,Jacqueline Peel
Publisher : Oxford University Press
Page : 1104 pages
File Size : 40,5 Mb
Release : 2021-08-06
Category : Law
ISBN : 9780192589033

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The Oxford Handbook of International Environmental Law by Lavanya Rajamani,Jacqueline Peel Pdf

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

The Oxford Handbook of United Nations Treaties

Simon Chesterman,David M. Malone,Santiago Villalpando
The Oxford Handbook of United Nations Treaties Book PDF

Author : Simon Chesterman,David M. Malone,Santiago Villalpando
Publisher : Oxford University Press, USA
Page : 737 pages
File Size : 46,8 Mb
Release : 2019
Category : Law
ISBN : 9780190947842

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The Oxford Handbook of United Nations Treaties by Simon Chesterman,David M. Malone,Santiago Villalpando Pdf

The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.

An Introduction to International Arbitration

Ilias Bantekas
An Introduction to International Arbitration Book PDF

Author : Ilias Bantekas
Publisher : Cambridge University Press
Page : 397 pages
File Size : 47,7 Mb
Release : 2015-08-13
Category : Law
ISBN : 9781107111073

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An Introduction to International Arbitration by Ilias Bantekas Pdf

Comprehensive introductory textbook on the law and practice of international arbitration.

International Commercial Arbitration and the Brussels I Regulation

Louise Hauberg Wilhelmsen
International Commercial Arbitration and the Brussels I Regulation Book PDF

Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 46,5 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781788115056

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International Commercial Arbitration and the Brussels I Regulation by Louise Hauberg Wilhelmsen Pdf

The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

International Arbitration and the Rule of Law

Anonim
International Arbitration and the Rule of Law Book PDF

Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 40,7 Mb
Release : 2017-09-22
Category : Law
ISBN : 9789041194466

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International Arbitration and the Rule of Law by Anonim Pdf

Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?

International Environmental “soft law”

Jürgen Friedrich
International Environmental soft law Book PDF

Author : Jürgen Friedrich
Publisher : Springer
Page : 0 pages
File Size : 48,8 Mb
Release : 2016-10-01
Category : Law
ISBN : 3662525259

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International Environmental “soft law” by Jürgen Friedrich Pdf

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Tracing the Roles of Soft Law in Human Rights

Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone
Tracing the Roles of Soft Law in Human Rights Book PDF

Author : Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone
Publisher : Oxford University Press
Page : 353 pages
File Size : 42,5 Mb
Release : 2016
Category : Law
ISBN : 9780198791409

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Tracing the Roles of Soft Law in Human Rights by Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone Pdf

"Some of the contributions were presented at the 2014 Association of Human Rights Institutes Research Conference in Copenhagen"--Preface.

Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law

Agnessa O. Inshakova,Aleksei V. Bogoviz
Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law Book PDF

Author : Agnessa O. Inshakova,Aleksei V. Bogoviz
Publisher : IAP
Page : 333 pages
File Size : 45,7 Mb
Release : 2020-03-01
Category : Business & Economics
ISBN : 9781641139892

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Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law by Agnessa O. Inshakova,Aleksei V. Bogoviz Pdf

The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen. A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two "branches". The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: "med-arb", "mini court", judge "for hire", financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.

The Oxford Handbook of International Arbitration

Thomas Schultz,Federico Ortino
The Oxford Handbook of International Arbitration Book PDF

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press
Page : 1008 pages
File Size : 40,5 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192515964

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.