A Liber Amicorum : Thomas Wälde

A Liber Amicorum : Thomas Wälde
Author :
Publisher :
Total Pages : 344
Release :
ISBN-10 : STANFORD:36105134500573
ISBN-13 :
Rating : 4/5 (73 Downloads)

Synopsis A Liber Amicorum : Thomas Wälde by : Thomas W. Waelde

A Liber Amicorum : Thomas Wälde

A Liber Amicorum : Thomas Wälde
Author :
Publisher :
Total Pages : 317
Release :
ISBN-10 : OCLC:763139168
ISBN-13 :
Rating : 4/5 (68 Downloads)

Synopsis A Liber Amicorum : Thomas Wälde by : Arif Hyder Ali

Law and Language in the Middle Ages

Law and Language in the Middle Ages
Author :
Publisher : BRILL
Total Pages : 318
Release :
ISBN-10 : 9789004375765
ISBN-13 : 9004375767
Rating : 4/5 (65 Downloads)

Synopsis Law and Language in the Middle Ages by :

Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.

Investor – State Arbitration and Human Rights

Investor – State Arbitration and Human Rights
Author :
Publisher : BRILL
Total Pages : 331
Release :
ISBN-10 : 9789004339002
ISBN-13 : 9004339000
Rating : 4/5 (02 Downloads)

Synopsis Investor – State Arbitration and Human Rights by : Filip Balcerzak

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.

Fair and Equitable Treatment

Fair and Equitable Treatment
Author :
Publisher : BRILL
Total Pages : 88
Release :
ISBN-10 : 9789004366121
ISBN-13 : 9004366121
Rating : 4/5 (21 Downloads)

Synopsis Fair and Equitable Treatment by : Patrick Dumberry

The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

Annulment of ICSID Awards

Annulment of ICSID Awards
Author :
Publisher : Juris Publishing, Inc.
Total Pages : 16
Release :
ISBN-10 : 9781929446612
ISBN-13 : 1929446616
Rating : 4/5 (12 Downloads)

Synopsis Annulment of ICSID Awards by : Emmanuel Gaillard

Precedents and Case-Based Reasoning in the European Court of Justice

Precedents and Case-Based Reasoning in the European Court of Justice
Author :
Publisher : Cambridge University Press
Total Pages : 357
Release :
ISBN-10 : 9781107045491
ISBN-13 : 1107045495
Rating : 4/5 (91 Downloads)

Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Social License and Dispute Resolution in the Extractive Industries

Social License and Dispute Resolution in the Extractive Industries
Author :
Publisher : BRILL
Total Pages : 235
Release :
ISBN-10 : 9789004450165
ISBN-13 : 9004450165
Rating : 4/5 (65 Downloads)

Synopsis Social License and Dispute Resolution in the Extractive Industries by : Cory H. Kent

Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.

Legitimacy and International Courts

Legitimacy and International Courts
Author :
Publisher : Cambridge University Press
Total Pages : 397
Release :
ISBN-10 : 9781108540223
ISBN-13 : 1108540228
Rating : 4/5 (23 Downloads)

Synopsis Legitimacy and International Courts by : Nienke Grossman

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Towards Consistency in International Investment Jurisprudence

Towards Consistency in International Investment Jurisprudence
Author :
Publisher : BRILL
Total Pages : 614
Release :
ISBN-10 : 9789004337916
ISBN-13 : 9004337911
Rating : 4/5 (16 Downloads)

Synopsis Towards Consistency in International Investment Jurisprudence by : Katharina Diel-Gligor

Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.