The Private Public Divide In International Dispute Resolution Volume 388
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Author | : Burkhard Hess |
Publisher | : BRILL |
Total Pages | : 336 |
Release | : 2018-08-21 |
Genre | : Law |
ISBN | : 9004384901 |
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.
Author | : Joanna Gomula |
Publisher | : Edward Elgar Publishing |
Total Pages | : 717 |
Release | : 2024-06-05 |
Genre | : Law |
ISBN | : 1788970799 |
This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.
Author | : Rishi Gulati |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2022-03-17 |
Genre | : Law |
ISBN | : 1108943713 |
We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.
Author | : Pedro De Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 561 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author | : Requejo Isidro, Marta |
Publisher | : Edward Elgar Publishing |
Total Pages | : 1011 |
Release | : 2022-03-08 |
Genre | : Law |
ISBN | : 1789908175 |
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Author | : Yuliya Chernykh |
Publisher | : BRILL |
Total Pages | : 629 |
Release | : 2022-01-17 |
Genre | : Law |
ISBN | : 9004414703 |
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author | : Vesna Lazic Lazić |
Publisher | : Edward Elgar Publishing |
Total Pages | : 603 |
Release | : 2023-08-14 |
Genre | : Law |
ISBN | : 1800370156 |
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Author | : Jessica Howley |
Publisher | : Oxford University Press |
Total Pages | : 385 |
Release | : 2024-08-07 |
Genre | : Law |
ISBN | : 019269927X |
Mechanisms for individuals to bring claims under international law have become increasingly common in recent decades, particularly in human rights and investment law. Nonetheless, when the International Law Commission codified the law of State responsibility, it largely ignored the bringing of international claims by individuals, and the relationship between such claims and those brought on the interstate level. Overlapping Individual and Interstate Claims in International Law is the first dedicated monograph examining this relationship - one that is of mounting importance on both a practical and theoretical level. This work provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise. It underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before different forums. The author analyses in detail how treaty provisions and various rules and principles of international law can be expected to regulate such overlapping claims, considering, among others, the local remedies rule, the rule precluding double recovery, res judicata, waiver, and certain circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorized foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.
Author | : Burkhard Hess |
Publisher | : Nomos Verlagsgesellschaft |
Total Pages | : 316 |
Release | : 2019 |
Genre | : Due process of law |
ISBN | : 9783848755851 |
The idea behind open justice, a principle widely recognised as a constituent of the rule of law and vital for the functioning of democratic societies, seems simple and universally accepted: a legal rule that requires courts to conduct their proceedings in public. However, it is less clear how we are to understand and implement this notion today. In the age of information technology, digital media and the transformation of the public sphere, this question merits careful con-sideration. In the face of the fast-changing landscape of dispute resolution and populist movements threatening to undermine judicial independence, what role should courts play in ensuring the degree of openness necessary to support the rule of law? Against this backdrop, this book seeks new approaches to the requirement for open justice in times of change, and revisits the place and role of courts in ensuring open justice in democratic societies. It offers a unique comparative insight thanks to a variety of approaches adopted by authors from diverse professional and academic backgrounds.
Author | : Lisa Bench Nieuwveld |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 363 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 9041161120 |
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.