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International Investment Dispute Awards
This book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the internationa...
Foreign Policy On Campus: Analysing Perceptions Of Turkish Foreign Policy Among Students In Erzurum
PREFACE Public opinion polls are one of the popular methods in international relations frequently used by both policy makers and researchers in order to contribute to the making of foreign policy. They can be defined as collecting, recording, classifying and presenting the necessary information in an objective way in order to identify the conditions, behaviour, expectations, tendencies, thoughts and needs of the people who make up the whole or a part of the public, depending on their social, economic, political and cultural activities. It should be pointed out that public opinion polls are can be various by their subjects, sizes, budgets or methods etc. This research seeks to put forward the...
Security for Costs in International Arbitration
This is the first and leading comprehensive guide to security for costs in international arbitration, including commercial and investment arbitration, providing a text which will be the key resource for those considering, making and ruling on applications for security for costs. It is the first and only work to consider the 40+ factors informing the discretion to award security for costs. The author begins with an introduction and description of the security of costs controversy in international arbitration, and then explains the developing approach of arbitral tribunals to applications for security for costs, with reference to decisions published by ICC and ASA, and statistics of LCIA and d...
Arbitration Clauses and Third Parties
This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal ...
Contract Law in Changing Times
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Dağlık Karabağ Sorunu: İkinci Karabağ Savaşı’nda Ermeni Diasporasının Ulusötesi Faaliyetleri
Klasik yaklaşımlara dayanılarak analizi yapılan Dağlık Karabağ meselesi hakkındaki diğer çalışmalardan farklı olarak bu araştırma doğrudan İkinci Karabağ Savaşı süresince ABD’de bulunan Ermeni diasporasının faaliyetleri hakkındadır. Ermeni toplumunun ve lobi kuruluşlarının Dağlık Karabağ’da yaşanan savaşı diasporik mekânlarda nasıl yeniden ürettiği ve ulus ötesilik (transnationalism) bağlamında “anavatan” olarak kodlanan Ermenistan’a ve “düşman” olarak zihin dünyalarında tasavvur eden Türklere yönelik faaliyetlerinin sistematik olarak ortaya konması hedeflenmiştir.
Expedited International Arbitration
Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on ...
Current Academic Studies in Science and Mathematics Sciences
Current Academic Studies in Science and Mathematics Sciences
The Internal Protection Alternative in Refugee Law
Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the ‘internal protection alternative’ (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources. She argues that the doctrine of implied limits in human rights law can provide analytic structure to the IPA concept and reduce the risk of overly broad application.
