Download or read book International Arbitration in Times of Economic Nationalism written by Bjorn Arp and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous developments across the world in recent years bear witness to States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law understood as a multilateral set of rules equally binding on all States. This timely book reviews situations where this new economic nationalism may impact the way arbitration—in both commercial and investment disputes—is practiced. Distinguished international arbitrators and academic experts analyze a wide array of topics, covering a broad spectrum of juristic traditions, geographic areas, foreign investment protection laws, and dispute resolution mechanisms and issues. Topics covered include the following: evolution of the definitions of arbitrable standards; amendments to procedural rules; States’ policy choices as reflected in recent investment treaties; procedural trends to restrict access to investment arbitration; the effects of the Achmea decision in the European Union; growing use of the public policy exception; dispute settlement of public-private partnership agreements; and diversification of dispute resolution methods (e.g., business courts). An important feature of the book is the ability it offers to compare various contemporary transformations of dispute settlement mechanisms, with attention to developments in a number of jurisdictions including the United States, the European Union, China, Canada, Switzerland, Turkey, and the Latin American countries. With its comprehensive analysis of how economic nationalism may lead to limiting the jurisdictional, procedural, and substantive scope of arbitration, the authors underscore the crucial importance of a robust system of international arbitration of economic disputes to ensure a stable and secure world order. The global coverage of the contributions and the insightful views offered in them speak eloquently about their usefulness and outreach for arbitration practitioners and scholars, as well as for professionals involved in drafting policies for economic development or in the negotiation of investment agreements.
Download or read book International Economic Dispute Settlement written by Manfred Elsig and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past 30 years, international trade has grown constantly and since 2008 it has increased by 26% (World Trade Organization 2019). In the same period of time foreign direct investment (FDI) grew more than 20% before 2000, 8 % in 2000-2007, and has shown slow growth since 2008, averaging about 1% growth per year for a decade (UNCTAD 2019b, p. xi).1 What we have also observed (but we lack systematic data) is a spectacular growth of trade in parts and components and a substantial increase of trade in services, reflecting companies' investment and sourcing decisions increasing the web of global and regional supply chains. The "death of distance" through lower transport costs and advancements in information technology has contributed to accelerating these developments"--
Download or read book Investor State Arbitration in a Changing World Order written by Alexander W. Resar and published by BRILL. This book was released on 2021-06-22 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.
Download or read book Man Out written by Andrew L. Yarrow and published by Brookings Institution Press. This book was released on 2018-09-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of men who are hurting—and hurting America by their absence Man Out describes the millions of men on the sidelines of life in the United States. Many of them have been pushed out of the mainstream because of an economy and society where the odds are stacked against them; others have chosen to be on the outskirts of twenty-first-century America. These men are disconnected from work, personal relationships, family and children, and civic and community life. They may be angry at government, employers, women, and "the system" in general—and millions of them have done time in prison and have cast aside many social norms. Sadly, too many of these men are unsure what it means to be a man in contemporary society. Wives or partners reject them; children are estranged from them; and family, friends, and neighbors are embarrassed by them. Many have disappeared into a netherworld of drugs, alcohol, poor health, loneliness, misogyny, economic insecurity, online gaming, pornography, other off-the-grid corners of the internet, and a fantasy world of starting their own business or even writing the Great American novel. Most of the men described in this book are poorly educated, with low incomes and often with very few prospects for rewarding employment. They are also disproportionately found among millennials, those over 50, and African American men. Increasingly, however, these lost men are discovered even in tony suburbs and throughout the nation. It is a myth that men on the outer corners of society are only lower-middle-class white men dislocated by technology and globalization. Unlike those who primarily blame an unjust economy, government policies, or a culture sanctioning "laziness," Man Out explores the complex interplay between economics and culture. It rejects the politically charged dichotomy of seeing such men as either victims or culprits. These men are hurting, and in turn they are hurting families and hurting America. It is essential to address their problems. Man Out draws on a wide range of data and existing research as well as interviews with several hundred men, women, and a wide variety of economists and other social scientists, social service providers and physicians, and with employers, through a national online survey and in-depth fieldwork in several communities.
Download or read book A New Global Economic Order written by and published by BRILL. This book was released on 2021-11-22 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order and brings together leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism.
Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2017-12-18 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading arbitrators, academics, and industry experts from across the globe, the twenty chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework in Part I, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part II (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part III (e.g. under the Energy Charter Treaty), and public international law disputes in Part IV (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.
Download or read book International Arbitration and the COVID 19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
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 Bucharest Diary written by Alfred H. Moses and published by Brookings Institution Press. This book was released on 2018-07-17 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insider's account of Romania's emergence from communism control In the 1970s American attorney Alfred H. Moses was approached on the streets of Bucharest by young Jews seeking help to emigrate to Israel. This became the author's mission until the communist regime fell in 1989. Before that Moses had met periodically with Romania's communist dictator, Nicolae Ceausescu, to persuade him to allow increased Jewish emigration. This experience deepened Moses's interest in Romania—an interest that culminated in his serving as U.S. ambassador to the country from 1994 to 1997 during the Clinton administration. The ambassador's time of service in Romania came just a few years after the fall of the Berlin Wall and the subsequent collapse of communism in Eastern Europe. During this period Romania faced economic paralysis and was still buried in the rubble of communism. Over the next three years Moses helped nurture Romania's nascent democratic institutions, promoted privatization of Romania's economy, and shepherded Romania on the path toward full integration with Western institutions. Through frequent press conferences, speeches, and writings in the Romanian and Western press and in his meetings with Romanian officials at the highest level, he stated in plain language the steps Romania needed to take before it could be accepted in the West as a free and democratic country. Bucharest Diary: An American Ambassador's Journey is filled with firsthand stories, including colorful anecdotes, of the diplomacy, both public and private, that helped Romania recover from four decades of communist rule and, eventually, become a member of both NATO and the European Union. Romania still struggles today with the consequences of its history, but it has reached many of its post-communist goals, which Ambassador Moses championed at a crucial time. This book will be of special interest to readers of history and public affairs—in particular those interested in Jewish life under communist rule in Eastern Europe and how the United States and its Western partners helped rebuild an important country devastated by communism.
Download or read book The Economic Consequences of the Peace written by John Maynard Keynes and published by Simon Publications LLC. This book was released on 1920 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.
Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2005-06-10 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
Download or read book The Legitimacy of Investment Arbitration written by Daniel Behn and published by Cambridge University Press. This book was released on 2022-01-13 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.
Download or read book India and Bilateral Investment Treaties written by Prabhash Ranjan and published by Oxford University Press. This book was released on 2019-04-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
Download or read book Arbitration in Mexico written by Gloria M. Alvarez and published by Kluwer Law International B.V.. This book was released on 2024-10-10 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico has played a major role in shaping the growth and development of international arbitration practice, in great part due to its global prominence at the competitive forefront of manufacturing, agriculture, telecommunications, finance, real estate, tourism, trade, and commercial transactions, all while crafting its own policies to achieve the energy transition. In addition, its close ties with the United States and Canada, as well as its important business relations with the rest of the world, have made Mexico a leading subject of investment treaty practice. This book, the most comprehensive English book on the subject, offers a thorough practical analysis of arbitration in Mexico in a variety of specific fields as well in-depth description and analysis of the role and attitude of national courts towards arbitration and of national, regional, and international arbitration institutions. Written by the leading lights of Mexican arbitration practice and scholarship, the contributions clearly and succinctly disentangle complex but common issues arising in commercial and investment treaty disputes. Features of Mexico’s dynamic body of arbitration law and practice covered include the following: legal framework in which arbitration in Mexico operates; characterization of international arbitration principles by Mexican courts; cases which require decisions by a national court or authority; public policy and arbitrability; authority and duties of the arbitral tribunal; document production in the Mexican arbitration practice; judicial intervention in support of international arbitration; state entities as actors in arbitration disputes; hydrocarbons, power and M&A disputes; use of technology in arbitral proceedings; and quantum and damages. This first comprehensive book in English on arbitration law and practice in Mexico provides an in-depth understanding of all of Mexico’s arbitration law and practice nationwide, practical guidance on identifying and assessing the different theoretical and practical legal avenues available, and relevant usages of ADR mechanisms in commercial disputes. It will prove of immeasurable value for arbitrators, judges, in-house counsel, Mexican state-owned companies, global law firms, large- and medium-sized companies doing transnational business, policymakers, and arbitration academics.
Download or read book Justice among Nations written by Stephen C. Neff and published by Harvard University Press. This book was released on 2014-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Download or read book Non State Actors and International Obligations written by James Summers and published by BRILL. This book was released on 2018-10-02 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
