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With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.
Abundantly illustrated, this catalogue is a fascinating and comprehensive reevaluation of the French modernist sculptor Camille Claudel. Camille Claudel (1864–1943) was among the most daring and visionary sculptors of the late nineteenth century. Although much attention has been paid to her tumultuous life—her affair with her mentor, Auguste Rodin; the premature end to her career; her thirty-year institutionalization in an asylum—her art remains little known outside of France. Memorably praised by critic Octave Mirbeau in 1895 as “a revolt of nature: a woman of genius,” Claudel was celebrated for her brilliance during a time when women sculptors were rare. Featuring more than two h...
The 2014 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2014 Fordham Law School Conference on International Arbitration and Mediation. The papers are organized into the following parts: Keynote Presentation by Catherine Kessedjian PART 1: Investor-State and Commercial Arbitration by Peter Michaelson, Stanimir A. Alexandrov, James Mendenhall, Laurence Shore, Liang-Ying Tan, Rocío Digón, and Marek Krasula PART 2: Ethics by Bruce A. Green, Margaret Moses, Doak Bishop, Isabel Fernández de la Cuesta, Catherine A. Rogers, and Idil Tumer PART 3: Mediation by Lorraine M. Brennan, Anna Joubin-Bret, Josefa Sicard-Mirabal, Rachael Clarke, James M. Rhodes, and Carrie Menkel-Meadow PART 4: International Trade Arbitration by Kaj Hobér, Luiz Olavo Baptista, Giorgio Sacerdoti, and Gonzalo Biggs PART 5: Investor-State and Commercial Arbitration (2) by John J. Barcelo III, Roland Ziadé, Lorenzo Melchionda, and Dr. Wolfgang Kühn PART 6: International Tax Arbitration by Alexis Foucard, Léa Grandfond, Michael Lennard, and Natalia Quinones Cruz
This book examines Korea’s foreign direct investment policy dynamics and points out the importance of mutual synergy between multinational corporations and their host countries in a win-win framework and the increasing importance of this in a post-pandemic world. A multitude of case studies shows many of the business difficulties foreign investors in Korea face, and how the Foreign Investment Ombudsman has intervened to resolve each one. The book addresses Korea’s challenges and efforts to become a truly preferred FDI destination through active FDI inducement and effective aftercare services. Investigating the ambivalent attitude toward foreign direct investors and foreign migrants in an...
Based on in-depth oral interviews with local residents, and rich archival sources, We Lived A Life and Then Some relates the common person’s struggle to overcome harsh working conditions and government neglect. The unique culture of the hardrock mining town of Cobalt is exposed through the eyes of retired miners, young welfare mothers, and grade-school children. Angus and Griffin reveal why, in spite of great adversity, Cobalt remains a distinctive and cohesive working-class community.
Until now, the resoluton of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical, complex subject from a variety of angles.
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
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This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns. Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.