The Legitimacy of International Trade Courts and Tribunals PDF Download

Author: Robert Howse
Publisher: Studies on International Courts and Tribunals
ISBN: 1108424473
Category : Law
Languages : en
Pages : 547

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2.2 Procedural Rules and Issues

Author: Isaac Unah
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 264

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Book Description
Focuses on the Court of International Trade to illuminate the important role of specialized courts in critical areas of law

Author: Haley Sweetland Edwards
Publisher:
ISBN: 9780997126402
Category : Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Languages : en
Pages : 142

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Book Description
"Haley Sweetland Edwards explains the history of global shadow courts and how these courts have spun out of control, threatening the interests of citizens everywhere including the United States. Her fantastic book is exactly what long-form journalism is meant to do, to move beyond current events and provide historical perspective that aims at future reform. SHADOW COURTS should be at the top of the reading list of all those interested in redesigning trade agreements to be in the publicinterest." -- Jeffrey D. Sachs, University Professor, Columbia University and author ofThe End of Poverty International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. Acorporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.

Author: United States. Court of International Trade
Publisher:
ISBN:
Category : Customs administration
Languages : en
Pages : 372

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Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 313

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Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author: United States. Court of International Trade
Publisher:
ISBN:
Category : Antidumping duties
Languages : en
Pages : 22

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Author: United States Court of International Trade
Publisher: Government Printing Office
ISBN:
Category : Political Science
Languages : en
Pages : 2136

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Book Description
Contents I – Table of Cases Reported V – Table of Slip Opinion X – Cases Reported in Federal Supplement 1 – Opinions of the Court Abstract Decisions 2098 – Classification2102 – Valuation 2103 – Index

Author: United States Court of International Trade
Publisher: Government Printing Office
ISBN: 9780160922527
Category : Law
Languages : en
Pages : 1638

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Book Description
This historical legal reference includes the international trade cases reported with opinions of the Court from January through December 2010. Small businesses, mid-size to large corporation international trade and compliance office personnel that engage in international trade with their products and services may be interested in this volume as well as their attorneys. Students enrolled in Economics of International Trade and Finance courses as well as law courses for Internatioal Trade Law may also be interested in this volume for research papers. Other print volumes in the U.S. Court of International Trade Reports can be found here: https: //bookstore.gpo.gov/catalog/laws-regulations/court-cases-documents-us-court-international-trade/us-court-international-t Basic Guide to Exporting: Official U.S. Government Resource for Small and Medium Sized Businesses, 11th edition can be found here: https: //bookstore.gpo.gov/products/sku/003-009-00741-1

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: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004194835
Category : Law
Languages : en
Pages : 644

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Book Description
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.