Resolving Conflicts in the Law

Resolving Conflicts in the Law
Author: Chiara Giorgetti
Publisher: Brill Nijhoff
Total Pages: 0
Release: 2019
Genre: Conflict of laws
ISBN: 9789004316522

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.

Compensation for Personal Injury in English, German and Italian Law

Compensation for Personal Injury in English, German and Italian Law
Author: Basil Markesinis
Publisher: Cambridge University Press
Total Pages: 296
Release: 2005-02-24
Genre: Law
ISBN: 9781139444736

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.

The International Legal Order: Current Needs and Possible Responses

The International Legal Order: Current Needs and Possible Responses
Author: James Crawford
Publisher: BRILL
Total Pages: 843
Release: 2017-04-03
Genre: Law
ISBN: 9004314377

This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
Author: Christina L. Beharry
Publisher: BRILL
Total Pages: 516
Release: 2018-04-03
Genre: Law
ISBN: 9004357793

Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 399
Release: 2014-12-04
Genre: Law
ISBN: 1316195384

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

International Claims Commissions

International Claims Commissions
Author: Lea Brilmayer
Publisher: Edward Elgar Publishing
Total Pages: 302
Release: 2017-08-25
Genre: Law
ISBN: 1785363824

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.

Compensation and Restitution in Investor-State Arbitration

Compensation and Restitution in Investor-State Arbitration
Author: Borzu Sabahi
Publisher: OUP Oxford
Total Pages: 1722
Release: 2011-06-30
Genre: Law
ISBN: 019102158X

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.