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Corruption in International Investment Arbitration
  • Language: en

Corruption in International Investment Arbitration

  • Categories: Law

This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment ...

Addressing Corruption Allegations in International Arbitration
  • Language: en
  • Pages: 99

Addressing Corruption Allegations in International Arbitration

  • Categories: Law
  • Type: Book
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  • Published: 2019-08-26
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  • Publisher: BRILL

In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.

Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments
  • Language: en
  • Pages: 488

Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments

  • Categories: Law
  • Type: Book
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  • Published: 2022-09-12
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  • Publisher: BRILL

Environmental Impact Assessment (EIA) requirements are quasi-universal. Praised as the core of the international legal response to ensure environmental protection, this procedure is an information tool for better public decision-making, which can contribute to empowering individuals and civic groups. Based on the historical background of the relevant norms and on case studies, Interstitial Law-Making in International Law: A Study of Environmental Impact Assessments verifies whether the role of procedure in secreting substantive law may be fulfilled in the distinctive legal system of public international law, while appraising how EIA requirements have been conceived and implemented as regards encouraging all international actors to behave in an environmentally conscious way, in a world of heterogeneous political regimes. This book is based on the author’s award winning doctoral dissertation which received the Yale Law School’s Ambrose Gherini Prize for best paper in the field of international law (2018).

Governing Law and Dispute Resolution in the Oil and Gas Industry
  • Language: en
  • Pages: 567

Governing Law and Dispute Resolution in the Oil and Gas Industry

  • Categories: Law

The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.

Provisional Measures before International Courts and Tribunals
  • Language: en
  • Pages: 591

Provisional Measures before International Courts and Tribunals

  • Categories: Law

2 Dispute Settlement Under UNCLOS

Empowering the Un Security Council
  • Language: en
  • Pages: 209

Empowering the Un Security Council

  • Categories: Law

Bringing together an international cast of diplomats, lawyers and academics, Empowering the UN Security Council offers a roadmap to reform the UNSC to be more legitimate and effective in addressing modern threats.

Asian Yearbook of International Law, Volume 19 (2013)
  • Language: en
  • Pages: 452

Asian Yearbook of International Law, Volume 19 (2013)

  • Categories: Law
  • Type: Book
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  • Published: 2019-07-01
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  • Publisher: BRILL

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First,...

Sovereignty and Territorial Temptation
  • Language: en
  • Pages: 371

Sovereignty and Territorial Temptation

  • Categories: Law

This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.

Compulsory Jurisdiction in International Law
  • Language: en
  • Pages: 331

Compulsory Jurisdiction in International Law

  • Categories: Law

The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts� Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural

By Peaceful Means
  • Language: en
  • Pages: 625

By Peaceful Means

  • Categories: Law

Distinguished scholars and practitioners commemorate and expand upon the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future.