The Question Whether An Advisory Center For Developing Countries Should Be Established A Sort Of Legal Aid Facility For Investment Law

Author : Blaise Tayou
Publisher : GRIN Verlag
Page : 59 pages
File Size : 43,7 Mb
Release : 2021-12-13
Category : Law
ISBN : 9783346554574

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The question whether an advisory center for developing countries should be established. A sort of legal aid facility for investment law by Blaise Tayou Pdf

Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, University of Brussel, language: English, abstract: This dissertation will focus on the question of whether an advisory center for developing countries should be established as a sort of legal aid for investment disputes, although the international Centre for the settlement of investment disputes (ICSID) which is an international arbitration center for the resolution and conciliation between international investors does exist, it provides equal rights and obligations to enter into the dispute settlement process for all member countries. However the litigation process is complex and costly for developing countries, there are such limitations that do exist for developing country’s participation when they want to use the international Centre for the settlement of investment disputes, this dissertation will then have to focus on the reasons that will give rise to the establishment of the center, the challenges for the establishment of the advisory center and go further to look at the strengths and limitations of the establishment of an Advisory Centre, before giving some recommendations and the conclusion, In this regard, we will examine some possible recommendations for the establishment of an advisory center on investment law for developing countries which will help to develop a more effective working dispute settlement mechanism for developing countries.

Author : Marc Bungenberg,August Reinisch
Publisher : Springer Nature
Page : 222 pages
File Size : 49,8 Mb
Release : 2019-09-11
Category : Law
ISBN : 9783662597323

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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court by Marc Bungenberg,August Reinisch Pdf

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 345 pages
File Size : 47,8 Mb
Release : 2021-07-22
Category : Business & Economics
ISBN : 9781108495196

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Emerging Powers and the World Trading System by Gregory Shaffer Pdf

This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 1120 pages
File Size : 50,8 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?

Author : International Centre for Settlement of Investment Disputes
Publisher : Unknown
Page : 662 pages
File Size : 50,8 Mb
Release : 1968
Category : Arbitration and award
ISBN : STANFORD:36105062388702

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Convention on the Settlement of Investment Disputes Between States and Nationals of Other States by International Centre for Settlement of Investment Disputes Pdf

Author : Lorenzo Cotula
Publisher : Routledge
Page : 204 pages
File Size : 54,8 Mb
Release : 2012-03-12
Category : Business & Economics
ISBN : 9781136600029

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Human Rights, Natural Resource and Investment Law in a Globalised World by Lorenzo Cotula Pdf

In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

Author : Public Private Infrastructure Advisory Facility
Publisher : World Bank Publications
Page : 68 pages
File Size : 49,7 Mb
Release : 2013
Category : Electronic book
ISBN : 8210379456XXX

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Fostering the Development of Greenfield Mining-Related Transport Infrastructure Through Project Financing by Public Private Infrastructure Advisory Facility Pdf

The new PPIAF-IFC technical guidebook, Fostering the Development of Greenfield Mining-Related Transport Infrastructure, focuses on Greenfield transport infrastructure (rail and port) used to support mining operations through public-private partnership schemes. The publication covers financing issues and provides recommendation for governments and private-sector participants, specifically in the context of Sub-Saharan Africa and similar regions.

Author : Henrik M. Inadomi
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 55,9 Mb
Release : 2010-01-01
Category : Technology & Engineering
ISBN : 9789041131782

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Independent Power Projects in Developing Countries by Henrik M. Inadomi Pdf

For developing countries, a stable and secure supply of electricity is crucial for development, and for their populations' well-being. Since the early 1990s, the main mechanism for constructing power generation facilities in developing countries has been the independent power project (IPP) model, where a foreign investor enters into long term investment contracts with the national utility. This model has succeeded in attracting investment, but raises complex regulatory and contractual challenges in addition to public concerns. This book - drawing on project contracts, the author's interview sources, case law and literature - analyzes in detail the legal investment protection used by IPP investors to ensure sufficient returns and protect their contracted revenue stream. The author examines how the model's corporate / financial structure interlocks with strong contractual rights and with a number of measures used to improve the host country's creditworthiness in the short and long term (including investment guarantees).The second part of the book identifies that the IPP model normally leads to six main consequences for the host developing country: The IPP model has led to private investment, which has increases reliability, modernization and introduced private standards; It contains an intrinsic structural weakness in times of economic downturns; It has shown a tendency to lead to overinvestment in generation capacity; It has shown a tendency to lead to expensive and suboptimal solutions regarding choice of design and technology; The model (and its institutional surroundings) contains insufficient disincentives against moral hazard and exploitative behavior (including corruption); and The IPP model does not facilitate a further development of the host country's power sector. The author argues that these consequences for development can be improved without detrimentally compromising the private sector's willingness to continue to invest. While pursuing this analysis, the author also explores such issues as the following: ; the web of parties and contracts constituting the IPP model, including the model's risk allocation; an analysis of political risk, including to what extent foreign investors also are protected against commercial and credit risks; the competing needs of predictability and flexibility in long term contracts; how investment arbitration tribunals have reacted both to the change in macroeconomic circumstances caused by the East Asian Crisis of 1997-98, and to numerable and credible allegations of corruption during procurement identification of factors reducing, or increasing, the IPP model's tendency to fail during severe economic recessions

Author : John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Commonwealth Secretariat
Page : 605 pages
File Size : 41,6 Mb
Release : 2013
Category : Business & Economics
ISBN : 9781849290869

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Author : Anonim
Publisher : Unknown
Page : 1300 pages
File Size : 52,5 Mb
Release : 1978
Category : Law
ISBN : STANFORD:36105061094293

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The New Law Journal by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 726 pages
File Size : 51,9 Mb
Release : 1994
Category : Education
ISBN : PSU:000068697617

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Resources in Education by Anonim Pdf

Author : Alfred de Zayas
Publisher : SCB Distributors
Page : 359 pages
File Size : 43,5 Mb
Release : 2021-10-01
Category : Political Science
ISBN : 9781949762433

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Building a Just World Order by Alfred de Zayas Pdf

In 2011, the UN Human Rights Council created the mandate of the Independent Expert on the Promotion of a Democratic and Equitable International Order. This book, based on the reports by Dr. Alfred de Zayas, the first mandate-holder (2012-2018), offers a brilliant and comprehensive critique of the UN system, addressing the changes that must be made in order to further the emergence of a democratic and equitable international order. De Zayas proposes concrete reforms of the UN system, notably the Security Council. He advocates recognition of peace as a human right, slashing military budgets, and establishing the right of self-determination as a conflict-prevention measure. As it concerns the global economy, he calls for reversing the adverse impacts of World Bank and International Monetary Fund policies, rendering free-trade agreements compatible with human rights, abolishing tax havens and ISDS, alleviating the foreign debt crisis, and criminalizing war-profiteers and pandemic vultures. He denounces unilateral coercive measures, economic sanctions and financial blockades, because they demonstrably have led to hundreds of thousands of deaths. "Alfred de Zayas is a gifted human rights lawyer who, alongside Jakob Moller, pioneered the development of UN human rights jurisprudence. He was a dynamic Special Rapporteur, as is evidenced by his Principles for a Democratic and Equitable International Order." --BERTRAND RAMCHARAN, Acting UN High Commissioner for Human Rights 2002-2004 "The 25 Zayas Principles of International Order are a modern Magna Carta. If implemented by the international community, they would help ensure peace with social justice in the 21st century. Pursuant to the UN Charter member States bear responsibility for future generations. Hence, they should take concrete measures to achieve this rules-based order in international solidarity." --Maria Fernanda Espinosa, President of the 73rd session of the UN General Assembly, 2018-19 "Zayas proposes a new functional paradigm of human rights for all. His elaboration on principles and on how to apply international law uniformly is a welcome contribution to a necessary debate on the foundations of a just international order." --Professor Dr. Carlos Correa, University of Buenos Aires, Executive Director of South Centre

Author : David South, Editor and Writer
Publisher : DSConsulting
Page : 31 pages
File Size : 48,6 Mb
Release : 2013-09-10
Category : Architecture
ISBN : 9780992021702

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Southern Innovator Magazine Issue 4: Cities and Urbanization by David South, Editor and Writer Pdf

Launched in May 2011, the new global magazine Southern Innovator is about the people across the global South shaping our new world, eradicating poverty and working towards the achievement of the Millennium Development Goals (MDGs). They are the innovators. Issue 1 covered the theme of mobile phones and information technology. Issue 2 covered the theme of youth and entrepreneurship. Issue 3 covered the theme of agribusiness and food security. Issue 4 covers the theme of cities and urbanization.

Author : David South, Editor and Writer
Publisher : DSConsulting
Page : 60 pages
File Size : 53,9 Mb
Release : 2024-07-01
Category : Electronic
ISBN : 22270523

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Southern Innovator Issue 3: Agribusiness and Food Security by David South, Editor and Writer Pdf

Launched in May 2011, the new global magazine Southern Innovator is about the people across the global South shaping our new world, eradicating poverty and working towards the achievement of the Millennium Development Goals (MDGs). They are the innovators. Issue 1 covered the theme of mobile phones and information technology. Issue 2 covered the theme of youth and entrepreneurship. Issue 3 covers the theme of agribusiness and food security. Follow the magazine on Twitter @SouthSouth1. If you would like hard copies of the magazine for distribution, then please contact the United Nations Office for South-South Cooperation (www.southerninnovator.org). Learn about the Global South-South Development Expo here: www.southsouthexpo.org. Also contact us about opportunities to sponsor the magazine here: [email protected].

Author : United States. Congress
Publisher : Unknown
Page : 1324 pages
File Size : 42,8 Mb
Release : 1998
Category : Law
ISBN : UFL:31262088764823

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Congressional Record by United States. Congress Pdf

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)