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Francisco Orrego Vicuña's posthumous magnum opus considers the profound structural changes of international law, in line with the requirements of globalization, and tracks the law's evolution over the centuries with special regard to the dichotomy between idealism and pragmatism.
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.
This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.
After thirty-five years the regime based on the Antarctic Treaty is more vigorous than ever. Here leading scholars of international law and international relations examine the effectiveness and legitimacy of this regime by asking two questions: are current changes affecting the regime's ability to cope with major problems in the region, and how do those changes affect its standing amongst parties to the Treaty and in the wider international community? Individual chapters deal with the Antarctic regimes for marine living resources, mineral activities, environmental protection, and tourism. Throughout, a keen eye is kept on how those components interact and reinforce each other. This analysis is supported by in-depth studies of compatibility and tension between the Antarctic Treaty System and the international community at large. It also draws upon case studies of how domestic concerns and decision-making in four selected countries affect international co-operation in the Antarctic.
This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988.
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
In this book Professor Orrego Vicuna examines in depth the legal framework as it relates to the exploitation of Antarctic minerals.
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...