The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals

The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
Author: Campbell McLachlan
Publisher: Cambridge University Press
Total Pages: 147
Release: 2021-11-18
Genre: Law
ISBN: 100905838X

The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

Epidemics and International Law

Epidemics and International Law
Author: Shinya Murase
Publisher: Brill Nijhoff
Total Pages:
Release: 2021-11
Genre:
ISBN: 9789004508316

This volume provides a comprehensive examination of epidemics and international law from the perspective of general international law. Featuring thirty-one essays by researchers from around the world and from various areas of expertise, it demonstrates how epidemics shape - and are shaped by - international legal norms across varying domains of international law. This volume is the product of collaborative work conducted between August 2020 and April 2021 as part of the Centre for Studies and Research on Epidemics and International Law.

International Procedure in Interstate Litigation and Arbitration

International Procedure in Interstate Litigation and Arbitration
Author: Eric De Brabandere
Publisher: Cambridge University Press
Total Pages: 445
Release: 2021-11-25
Genre: Law
ISBN: 1108963218

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Principles of International Investment Law

Principles of International Investment Law
Author: Rudolf Dolzer
Publisher: Oxford University Press
Total Pages: 582
Release: 2022-01-13
Genre: Law
ISBN: 019267241X

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

Secession

Secession
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
Total Pages: 560
Release: 2006-03-21
Genre: Law
ISBN: 9780521849289

This book is a comprehensive study of secession from an international law perspective.

The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration
Author: Margaret L. Moses
Publisher: Cambridge University Press
Total Pages: 91
Release: 2008-03-17
Genre: Law
ISBN: 1139469975

This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Proof and the Burden of Proof in International Investment Law

Proof and the Burden of Proof in International Investment Law
Author: Giulio Alvaro Cortesi
Publisher: Springer Nature
Total Pages: 240
Release: 2022-04-29
Genre: Law
ISBN: 3030963438

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.

Constitutional Review and International Investment Law

Constitutional Review and International Investment Law
Author: David Schneiderman
Publisher: Oxford University Press
Total Pages: 273
Release: 2024-07-18
Genre: Law
ISBN: 0198885563

Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.

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.