Download or read book Contracting with Sovereignty written by Ivar Alvik and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Contracting States written by Alexander Cooley and published by Princeton University Press. This book was released on 2009-05-10 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.
Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Download or read book The Contracting State written by Ian Harden and published by . This book was released on 1992 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author examines the role of contract in local government services, the NHS reforms and the "Next Steps" agencies in central government. He argues that there are two aspects to this issue: party political objectives and constitutional values, or in other words, ideology versus individual rights.
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by . This book was released on 2007 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the common practice of government contracting for tasks and consulting.
Download or read book The Sovereignty Wars written by Stewart M. Patrick and published by Brookings Institution Press. This book was released on 2017-10-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Download or read book Money Markets and Sovereignty written by Benn Steil and published by Yale University Press. This book was released on 2009-04-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2010 Hayek Book Prize given by the Manhattan Institute "Money, Markets and Sovereignty is a surprisingly easy read, given the complicated issues covered. In it, Mr. Steil and Mr. Hinds consistently challenge today's statist nostrums."—Doug Bandow, The Washington Times In this keenly argued book, Benn Steil and Manuel Hinds offer the most powerful defense of economic liberalism since F. A. Hayek published The Road to Serfdom more than sixty years ago. The authors present a fascinating intellectual history of monetary nationalism from the ancient world to the present and explore why, in its modern incarnation, it represents the single greatest threat to globalization. Steil and Hinds describe the current state of international economic relations as both unusual and precarious. Eras of economic protectionism have historically coincided with monetary nationalism, while eras of liberal trade have been accompanied by a universal monetary standard. But today, the authors show, an unprecedentedly liberal global trade regime operates side by side with the most extreme doctrine of monetary nationalism ever contrived—a situation bound to trigger periodic crises. Steil and Hinds call for a revival of the political and economic thinking that underlay earlier great periods of globalization, thinking that is increasingly under threat by more recent ideas about what sovereignty means.
Download or read book The State of Sovereignty written by Peter Gratton and published by SUNY Press. This book was released on 2012-06-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the problems of sovereignty through the work of Rousseau, Arendt, Foucault, Agamben, and Derrida.
Download or read book Permanent Sovereignty Over Natural Resources and the Sanctity of Contracts From the Angle of Lucrum Cessans written by Sangwani Patrick Ng'ambi and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this article is to discuss the principle of permanent sovereignty in light of compensation to foreign investors in the event of expropriation. I intend to show that while permanent sovereignty is a legitimate concept under international law, it can be surrendered by host states through concessions. Once this happens, the sanctity of contracts becomes overriding policy. If a state breaches its contract with a foreign investor, there are consequences. This is particularly reflected in the fact that not only does the state have to pay compensation to the investor, the award for compensation may also include the payment of lost future profits or lucrum cessans. The next section discusses permanent sovereignty and the sanctity of contracts including relevant case law. The third section will discuss compensation standards and will incorporate a discussion of lucrum cessans. The fourth section will consist of a conclusion.
Download or read book Perspectives on Digital Humanism written by Hannes Werthner and published by Springer Nature. This book was released on 2021-11-23 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book aims to set an agenda for research and action in the field of Digital Humanism through short essays written by selected thinkers from a variety of disciplines, including computer science, philosophy, education, law, economics, history, anthropology, political science, and sociology. This initiative emerged from the Vienna Manifesto on Digital Humanism and the associated lecture series. Digital Humanism deals with the complex relationships between people and machines in digital times. It acknowledges the potential of information technology. At the same time, it points to societal threats such as privacy violations and ethical concerns around artificial intelligence, automation and loss of jobs, ongoing monopolization on the Web, and sovereignty. Digital Humanism aims to address these topics with a sense of urgency but with a constructive mindset. The book argues for a Digital Humanism that analyses and, most importantly, influences the complex interplay of technology and humankind toward a better society and life while fully respecting universal human rights. It is a call to shaping technologies in accordance with human values and needs.
Download or read book The Social Contract and Discourses written by Jean-Jacques Rousseau and published by J M Dent & Sons Limited. This book was released on 1950 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an old university friend and fellow archeologist's murdered, forensic archeologist Ruth Galloway travels to Lancashire to examine the bones he found, which reveal a shocking fact about King Arthur, and discovers a campus living in fear of a sinister right-wing group called the White Hand.
Download or read book State Responsibility for Breaches of Investment Contracts written by Jean Ho and published by Cambridge University Press. This book was released on 2018-10-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Download or read book Resistance and Change in the International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2015-04-16 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Download or read book Government Contracts written by Nicholas Seddon and published by . This book was released on 1999 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The operation of government purchasing contracts and the way the law applies to them, is the subject of thorough and penetrating analysis in this new edition of a standard work. It provides a complete analysis of important new developments and new material on legal risk in contracting, statutory contracts and trade practices law.
Download or read book Sovereignty Referendums in International and Constitutional Law written by İlker Gökhan Şen and published by Springer. This book was released on 2015-01-28 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.
Download or read book Co governed Sovereignty Network written by Hui Li and published by Springer Nature. This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book introduces MIN, a novel networking architecture to implement the sovereign equality of all countries in the cyberspace. Combining legal theory and network technology, it first discusses the historical development of sovereignty and expounds the legal basis of cyberspace sovereignty. Then, based on the high-performance blockchain, it describes a new network architecture designed to implement co-governance at the technical level. Explaining network sovereignty and including rich illustrations and tables, the book helps readers new to the field grasp the evolution and necessity of cyberspace sovereignty, gain insights into network trends and develop a preliminary understanding of complex network technologies such as blockchain, security mechanisms and routing strategies. The MIN network implements the our principles of cyberspace adopted by most nations and people: respecting cyber sovereignty; maintaining peace and protection; promoting openness and cooperation; and building good order to provide network system security. There maybe three scales of application scenario for MIN, the big one is for UN of Cyberspace, the middle one is for Smart city, the small one is for enterprise group or organizations as private network, MIN-VPN. We have developed the product of MIN-VPN, you could find its message on the preface if care about the security of your network.
