Jurisdiction And The Politics Of Restrictive Interpretations
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Jurisdiction of International Tribunals
Author | : Chittharanjan Félix Amerasinghe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 952 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9789041118387 |
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International Arbitral Jurisdiction
Author | : C. Ranjan Felix Amerasinghe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 315 |
Release | : 2011-02-14 |
Genre | : Law |
ISBN | : 9004181334 |
Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction.
ICSID Reports: Volume 6
Author | : James Crawford |
Publisher | : Cambridge University Press |
Total Pages | : 736 |
Release | : 2004-05-13 |
Genre | : Law |
ISBN | : 9780521829885 |
The ICSID Reports provides the only comprehensive collection of the decisions of arbitral tribunals and ad hoc committees established under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes. These decisions make an important contribution to the highly specialised jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). Volume 6 includes the annulment decisions of 5 February 2002 in Wena Hotels Ltd. v. Arab Republic of Egypt and of 3 July 2002 in Compania de Aguas del Aconquija SA and Vivendi Universal v. Argentine Republic; it also includes the award of 11 September 2002 in Mondev International Ltd v. USA as well as the award of 9 January 2003 in ADF Group Inc. v. USA.
International Law Reports: Volume 80
Author | : E. Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 774 |
Release | : 1986-06 |
Genre | : Business & Economics |
ISBN | : 9780949009418 |
Brussels I Regulation
Author | : Ulrich Magnus |
Publisher | : Walter de Gruyter |
Total Pages | : 1001 |
Release | : 2011-12-27 |
Genre | : Law |
ISBN | : 3866538898 |
The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.
Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks
Author | : Iva Parlov |
Publisher | : BRILL |
Total Pages | : 379 |
Release | : 2022-08-01 |
Genre | : Law |
ISBN | : 9004515070 |
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov takes a systemic approach in providing a holistic and dynamic understanding of the legal issues raised by ships in peril in the contemporary context.
Size and Local Democracy
Author | : Bas Denters |
Publisher | : Edward Elgar Publishing |
Total Pages | : 473 |
Release | : 2014-09-26 |
Genre | : Political Science |
ISBN | : 1783478241 |
How large should local governments be, and what are the implications of changing the scale of local governments for the quality of local democracy? These questions have stood at the centre of debates among scholars and public sector reformers alike fro
The Decision-Making Process of Investor-State Arbitration Tribunals
Author | : Mary Mitsi |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 336 |
Release | : 2018-12-28 |
Genre | : Law |
ISBN | : 9041196579 |
In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.