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The Resolution of International Investment Disputes
  • Language: en
  • Pages: 305

The Resolution of International Investment Disputes

This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

International Sales Law
  • Language: en
  • Pages: 989

International Sales Law

  • Categories: Law

Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provision...

Transparency in International Investment Arbitration
  • Language: en
  • Pages: 413

Transparency in International Investment Arbitration

This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

Biodiversity Litigation
  • Language: en
  • Pages: 449

Biodiversity Litigation

  • Categories: Law

Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiv...

Arbitration’s Age of Enlightenment?
  • Language: en
  • Pages: 1063

Arbitration’s Age of Enlightenment?

  • Categories: Law

Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...

Time for the Appeal Tribunal in Investment
  • Language: en
  • Pages: 104

Time for the Appeal Tribunal in Investment

  • Categories: Law

This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar issues of investment law. As a comparable mechanism, the WTO Dispute Settlement Mechanism is examined t...

Poverty and the International Economic Legal System
  • Language: en
  • Pages: 501

Poverty and the International Economic Legal System

Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.

Shareholders' Claims for Reflective Loss in International Investment Law
  • Language: en
  • Pages: 431

Shareholders' Claims for Reflective Loss in International Investment Law

  • Categories: Law

This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.

Identity and Diversity on the International Bench
  • Language: en
  • Pages: 593

Identity and Diversity on the International Bench

  • Categories: Law

Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Reshaping the Investor-State Dispute Settlement System
  • Language: en
  • Pages: 1043

Reshaping the Investor-State Dispute Settlement System

  • Categories: Law

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.