A Liber Amicorum : Thomas Wälde PDF Download

Author: Thomas W. Waelde
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 344

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Author: Arif Hyder Ali
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 317

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Author:
Publisher: BRILL
ISBN: 9004375767
Category : History
Languages : en
Pages : 318

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Book Description
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.

Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9004366121
Category : Law
Languages : en
Pages : 88

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Book Description
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.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446616
Category : Law
Languages : en
Pages : 16

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Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629

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Book Description
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: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357

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

Author: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397

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Book Description
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.

Author: Cory H. Kent
Publisher: BRILL
ISBN: 9004450165
Category : Law
Languages : en
Pages : 235

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Book Description
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.

Author: Filip Balcerzak
Publisher: BRILL
ISBN: 9004339000
Category : Law
Languages : en
Pages : 331

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Book Description
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.