The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes

The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes book. This book definitely worth reading, it is an incredibly well-written.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 40,9 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

Get Book

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Investment Law and the Right to Regulate

Lone Wandahl Mouyal
International Investment Law and the Right to Regulate Book PDF

Author : Lone Wandahl Mouyal
Publisher : Routledge
Page : 289 pages
File Size : 44,7 Mb
Release : 2016-03-10
Category : Business & Economics
ISBN : 9781317408017

Get Book

International Investment Law and the Right to Regulate by Lone Wandahl Mouyal Pdf

The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

International Investment Law

Surya P Subedi
International Investment Law Book PDF

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 41,9 Mb
Release : 2024-03-21
Category : Law
ISBN : 9781509975174

Get Book

International Investment Law by Surya P Subedi Pdf

'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

Human Rights in International Investment Law and Arbitration

Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni
Human Rights in International Investment Law and Arbitration Book PDF

Author : Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni
Publisher : OUP Oxford
Page : 646 pages
File Size : 41,6 Mb
Release : 2009-09-10
Category : Law
ISBN : 9780191580437

Get Book

Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Ernst-Ulrich Petersmann,Francesco Francioni Pdf

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

Prospects in International Investment Law and Policy

Roberto Echandi,Pierre Sauvé
Prospects in International Investment Law and Policy Book PDF

Author : Roberto Echandi,Pierre Sauvé
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,7 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107355606

Get Book

Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé Pdf

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

The WTO and International Investment Law

Jürgen Kurtz
The WTO and International Investment Law Book PDF

Author : Jürgen Kurtz
Publisher : Cambridge University Press
Page : 327 pages
File Size : 50,9 Mb
Release : 2016-01-25
Category : Law
ISBN : 9781107009707

Get Book

The WTO and International Investment Law by Jürgen Kurtz Pdf

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration

Giovanna E. Gismondi
International Environmental Law and International Human Rights Law in Investment Treaty Arbitration Book PDF

Author : Giovanna E. Gismondi
Publisher : Kluwer Law International B.V.
Page : 210 pages
File Size : 48,6 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403530574

Get Book

International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by Giovanna E. Gismondi Pdf

Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

General Principles of Law and International Investment Arbitration

Andrea Gattini,Attila Tanzi,Filippo Fontanelli
General Principles of Law and International Investment Arbitration Book PDF

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 40,5 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

Get Book

General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

Yulia Levashova,Pascale Accaoui Lorfing
Balancing the Protection of Foreign Investors and States Responses in the Post Pandemic World Book PDF

Author : Yulia Levashova,Pascale Accaoui Lorfing
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 48,9 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403533711

Get Book

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World by Yulia Levashova,Pascale Accaoui Lorfing Pdf

The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.

Most-favoured-nation Treatment

United Nations Conference on Trade and Development
Most favoured nation Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 48,8 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

Get Book

Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
New Frontiers in Asia Pacific International Arbitration and Dispute Resolution Book PDF

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 40,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

Get Book

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Handbook on the European Convention on Human Rights

Mark Eugen Villiger
Handbook on the European Convention on Human Rights Book PDF

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 771 pages
File Size : 47,7 Mb
Release : 2022-12-05
Category : Law
ISBN : 9789004443839

Get Book

Handbook on the European Convention on Human Rights by Mark Eugen Villiger Pdf

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

Theory, Law and Practice of Maritime Arbitration

Eva Litina
Theory Law and Practice of Maritime Arbitration Book PDF

Author : Eva Litina
Publisher : Kluwer Law International B.V.
Page : 172 pages
File Size : 49,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403530314

Get Book

Theory, Law and Practice of Maritime Arbitration by Eva Litina Pdf

Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

The Standard of Review before the International Court of Justice

Felix Fouchard
The Standard of Review before the International Court of Justice Book PDF

Author : Felix Fouchard
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 43,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781509971329

Get Book

The Standard of Review before the International Court of Justice by Felix Fouchard Pdf

This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

Multiple Contracts and Coordination in International Construction Projects

Jürg Künzle
Multiple Contracts and Coordination in International Construction Projects Book PDF

Author : Jürg Künzle
Publisher : Kluwer Law International B.V.
Page : 254 pages
File Size : 52,5 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403519944

Get Book

Multiple Contracts and Coordination in International Construction Projects by Jürg Künzle Pdf

International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.