Principles of Evidence in Public International Law as Applied by Investor-State Tribunals

Principles of Evidence in Public International Law as Applied by Investor-State Tribunals
Author :
Publisher : BRILL
Total Pages : 65
Release :
ISBN-10 : 9789004390614
ISBN-13 : 9004390618
Rating : 4/5 (14 Downloads)

Synopsis Principles of Evidence in Public International Law as Applied by Investor-State Tribunals by : Kabir Duggal

In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai explore the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof. By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally.

Principles of Evidence in Public International Law as Applied by Investor-state Tribunals

Principles of Evidence in Public International Law as Applied by Investor-state Tribunals
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 9004366423
ISBN-13 : 9789004366428
Rating : 4/5 (23 Downloads)

Synopsis Principles of Evidence in Public International Law as Applied by Investor-state Tribunals by : Kabir A. N. Duggal

In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.

Evidence in International Investment Arbitration

Evidence in International Investment Arbitration
Author :
Publisher : Oxford University Press, USA
Total Pages : 325
Release :
ISBN-10 : 0198753500
ISBN-13 : 9780198753506
Rating : 4/5 (00 Downloads)

Synopsis Evidence in International Investment Arbitration by : Frédéric Gilles Sourgens

Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.

International Investment Law and Arbitration

International Investment Law and Arbitration
Author :
Publisher : BRILL
Total Pages : 70
Release :
ISBN-10 : 9789004363038
ISBN-13 : 9004363033
Rating : 4/5 (38 Downloads)

Synopsis International Investment Law and Arbitration by : Borzu Sabahi

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Yearbook of International Environmental Law 2008

Yearbook of International Environmental Law 2008
Author :
Publisher : Oxford University Press, USA
Total Pages : 841
Release :
ISBN-10 : 9780199580385
ISBN-13 : 0199580383
Rating : 4/5 (85 Downloads)

Synopsis Yearbook of International Environmental Law 2008 by : Ole Kristian Fauchald

Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author :
Publisher : Oxford University Press
Total Pages : 305
Release :
ISBN-10 : 9780190642723
ISBN-13 : 0190642726
Rating : 4/5 (23 Downloads)

Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Denial of Justice in International Law

Denial of Justice in International Law
Author :
Publisher : Cambridge University Press
Total Pages : 307
Release :
ISBN-10 : 9781139448284
ISBN-13 : 1139448285
Rating : 4/5 (84 Downloads)

Synopsis Denial of Justice in International Law by : Jan Paulsson

Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Mega-Regional Trade Agreements

Mega-Regional Trade Agreements
Author :
Publisher : Springer
Total Pages : 377
Release :
ISBN-10 : 9783319566634
ISBN-13 : 3319566636
Rating : 4/5 (34 Downloads)

Synopsis Mega-Regional Trade Agreements by : Thilo Rensmann

This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Jurisdiction and Admissibility in Investment Arbitration

Jurisdiction and Admissibility in Investment Arbitration
Author :
Publisher : BRILL
Total Pages : 199
Release :
ISBN-10 : 9789004366497
ISBN-13 : 9004366490
Rating : 4/5 (97 Downloads)

Synopsis Jurisdiction and Admissibility in Investment Arbitration by : Filippo Fontanelli

In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.

Compensation and Restitution in Investor-State Arbitration

Compensation and Restitution in Investor-State Arbitration
Author :
Publisher : OUP Oxford
Total Pages : 1722
Release :
ISBN-10 : 9780191021589
ISBN-13 : 019102158X
Rating : 4/5 (89 Downloads)

Synopsis Compensation and Restitution in Investor-State Arbitration by : Borzu Sabahi

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.