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International Law in Search of Rebalance
  • Language: en
  • Pages: 478

International Law in Search of Rebalance

  • Categories: Law

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.

The Centennial of the First International Peace Conference
  • Language: en
  • Pages: 540

The Centennial of the First International Peace Conference

  • Categories: Law

They focussed their attention on the three topics of the 1899 Hague Conference: disarmament, humanitarian law and laws of war, and peaceful settlements of disputes.

International Dispute Settlement in an Evolving Global Society
  • Language: en
  • Pages: 363

International Dispute Settlement in an Evolving Global Society

  • Categories: Law

This book is the outcome of the Sir Hersch Lauterpacht Memorial Lectures delivered by the author at Cambridge University in 2001. It addresses three salient issues of contemporary international dispute settlement: the development of international constitutional law in a global society; the increasing access of the individual; and the developing role of international private arbitration. The book discusses recent thoughts and proposals concerning a new role for the International Court of Justice in performing judicial constitutional functions, with particular reference to the United Nations and the trends toward the recognition of judicial review. It also addresses the question of the eventual establishment of an International Constitutional Court. The increasing access of individuals to international dispute settlement is examined in the light of ICSID arbitration, free trade agreements and other developments in the WTO. Emerging trends in the organization of international commercial arbitration are discussed in the light of privatization arrangements.

The Trouble with Foreign Investor Protection
  • Language: en
  • Pages: 225

The Trouble with Foreign Investor Protection

  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

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.

Practising Virtue
  • Language: en
  • Pages: 817

Practising Virtue

  • Categories: Law

International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.

The Evolution of International Arbitration
  • Language: en
  • Pages: 273

The Evolution of International Arbitration

  • Categories: Law

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.

Corruption and Fraud in Investment Arbitration
  • Language: en
  • Pages: 198

Corruption and Fraud in Investment Arbitration

  • Categories: Law

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.

The Exclusive Economic Zone
  • Language: en
  • Pages: 189

The Exclusive Economic Zone

  • Type: Book
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  • Published: 2021-05-31
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  • Publisher: Routledge

Developed and implemented over a period of three decades through legislation and practice in the countries of Latin America, the concept of the Exclusive Economic Zone (EEZ) is the most recent of those incorporated into the body of international law resulting from the Third United Nations Law of the Sea Conference. A distinguished group of Latin Am

Proving Bribery, Fraud and Money Laundering in International Arbitration
  • Language: en
  • Pages: 363

Proving Bribery, Fraud and Money Laundering in International Arbitration

Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World
  • Language: en
  • Pages: 356

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

  • Categories: Law

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...