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Proof and the Burden of Proof in International Investment Law
International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.
Statistics and the Quest for Quality Journalism
This book looks at how numbers and statistics have been used to underpin quality in news reporting. In doing so, the aim is to challenge some common assumptions about how journalists engage and use statistics in their quest for quality news. It seeks to improve our understanding about the usage of data and statistics as a primary means for the construction of social reality. This is a task, in our view, that is urgent in times of ‘post-truth’ politics and the rise of ‘fake news’. In this sense, the quest to produce ‘quality’ news, which seems to require incorporating statistics and engaging with data, as laudable and straightforward as it sounds, is instead far more problematic and complex than what is often accounted for.
Essays in International Litigation for Lord Collins
The practice of international litigation has been transformed in recent decades. Central to the development of international litigation as a field has been the remarkable career of Lord Collins: scholar, practitioner, judge and arbitrator. In this collection in his honour, inspired by Collinss own late 20th Century classic Essays in International Litigation and the Conflict of Laws (OUP 1994), Jonathan Harris and Campbell McLachlan present the research of sixteen jurists of international renown. They offer a fresh appraisal of key developments across the field: from climate litigation to offshore trusts, the impact of Brexit and the new tools for international judicial cooperation. Organised into five parts, the book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law. As a whole, the book offers the opportunity to reflect on the deeper purposes of international litigation in the pursuit of comity.
International Investment Law and the Pandemic
This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
Contributory Fault and Investor Misconduct in Investment Arbitration
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
The IBA Rules on the Taking of Evidence in International Arbitration
The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.
International Family Law
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
A Digest of WTO Jurisprudence on Public International Law Concepts and Principles
In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
Evidence Before the International Court of Justice
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in both contentious and advisory proceedings from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an incre
On the Edge of Democracy
On the Edge of Democracy examines the emergence of democracy in Italy in the wake of World War Two. It examines the nature of the democracy forged in the liminal period after Benito Mussolini, the Duce of Fascism, was removed from government in the summer of 1943. Instead of pouring through institutional accounts, which root the origins of democracy in the establishment of parties and in electoral outcomes, Forlenza focuses on the lived experiences of ordinary people and elites in extraordinary times. Meanings of democracy are not variations of a universal model but emerge as contingent interpretative acts and a symbolization following political and existential crisis under condition of viol...
