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Author: Lea Brilmayer Publisher: Edward Elgar Publishing ISBN: 1785363824 Category : Law Languages : en Pages : 302
Book Description
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.
Author: Gabriel Bottini Publisher: ISBN: 9781108714730 Category : Languages : en Pages : 335
Book Description
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
Author: Richard Griswold del Castillo Publisher: University of Oklahoma Press ISBN: 9780806124780 Category : History Languages : en Pages : 276
Book Description
Signed in 1848, the Treaty of Guadalupe Hidalgo ended the war between the United States and Mexico and gave a large portion of Mexico’s northern territories to the United States. The language of the treaty was designed to deal fairly with the people who became residents of the United States by default. However, as Richard Griswold del Castillo points out, articles calling for equality and protection of civil and property rights were either ignored or interpreted to favor those involved in the westward expansion of the United States rather than the Mexicans and Indians living in the conquered territories.
Author: Ignacio de la Rasilla
Author: Ignacio de la Rasilla
Author: Lea Brilmayer
Author: Gabriel Bottini
Author: United States. Department of State
Author: United States. National Archives and Records Service
Author: Richard Griswold del Castillo
Author: United States. Department of State
Author: United States. Department of State
Author: United States. Federal Trade Commission
Author: William Rodney Long