Download or read book R pertoire de la Jurisprudence Arbitrale Internationale 1946 1988 2 v written by Vincent Coussirat-Coustère and published by Martinus Nijhoff Publishers. This book was released on 1989 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Repertory of International Arbitral Jurisprudence written by Vincent Coussirat-Coustáere and published by Martinus Nijhoff Publishers. This book was released on 1989-03-23 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Repertory of International Arbitral Jurisprudence 1919 1945 written by Vincent Coussirat-Coustáere and published by BRILL. This book was released on 1989 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Download or read book International Arbitral Jurisdiction written by Chittharanjan F. Amerasinghe and published by BRILL. This book was released on 2011-02-14 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitral Jurisdiction analyzes the jurisdictional powers of international arbitral tribunals in areas of fundamental importance. The volume clarifies how tribunals have approached problems in consensual arrangements for submission to tribunals, and describes the general principles that have emerged. The text also examines special aspects of the jurisdiction of the Iran United States Claims Tribunal, which has a distinctive character in the context of modern international relations. International Arbitral Jurisdiction is a valuable, comprehensive and timely addition to the literature on international arbitration. It is intended to be a companion text to two preceding volumes on international jurisdiction by the same author, namely Jurisdiction of International Tribunals (2003) and Jurisdiction of Specific International Tribunals (2009).
Download or read book Party Appointed Arbitrators in International Commercial Arbitration written by Alfonso Gómez-Acebo and published by Kluwer Law International B.V.. This book was released on 2016-04-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of modern international commercial arbitration theory and practice from the eighteenth century to the present day.
Download or read book The Concept of Treaty in International Law written by Jan Klabbers and published by BRILL. This book was released on 2023-09-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, ex hypothesi, treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called `soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Download or read book Evolution and Adaptation written by Jean Kalicki and published by Kluwer Law International B.V.. This book was released on 2019-12-17 with total page 1163 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is it about international arbitration that makes it so open to evolution and adaptation? What are the main pressure points today and the unmet needs of stakeholders? What are the opportunities for expansion to new sectors and new audiences? What are the drivers for change, the obstacles and the risks? And equally important, what are the core principles that should never be lost? These were the topics of the Twenty-Fourth ICCA Congress, held in Sydney, Australia, in April 2018, the proceedings of which are collected in this volume. The volume highlights arbitration as a ‘living organism’ that has adapted in the past to various challenges, and that today – under attack from various quarters – might need to demonstrate its adaptability again. Accordingly, the contributions address the evolving needs of users, the impact of the rapidly changing face of technology, the expectations of the public, and the convergence and divergence of different aspects of legal traditions and cultures. Topical issues of interest for practitioners, academics, and students of arbitration include the following: legitimacy and authority of arbitrators, institutions and professional organizations to act as lawmakers; investment treaty reform, with particular reference to the definition of ‘investment,’ the evolution of substantive treaty standards, and sustainable development obligations; commercial arbitration reform, including issues of public and private interest, the development of common law, and cost, delay and transparency concerns; revisiting party autonomy in choosing decision-makers, including through institutional appointments or investment courts; equality of arms, the economics of access, and the role of costs and third-party funding; public-private disputes and special issues that arise when State entities arbitrate; public participation and transparency, and their effect on both ISDS and commercial arbitration; revisiting conventional wisdom in organizing arbitral proceedings; lessons to be learned from other dispute resolution frameworks; technology as friend and enemy, including new tools, new threats, and cybersecurity; arbitration of disputes in conflict and post-conflict zones; inter-generational blame and praise in investment arbitration; and the emergence of sovereign wealth funds as arbitration participants. A special section on ‘New Frontiers in Arbitration’ offers enlightening perspectives on new types of claims and new types of stakeholders likely to affect the future of international arbitration, including the potential for climate change disputes and enlarged participation.
Download or read book The Oxford Handbook of International Investment Law written by Peter Muchlinski and published by . This book was released on 2008 with total page 1349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Download or read book International Organizations and International Dispute Settlement Trends and Prospects written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.
Download or read book Rebellions and Civil Wars written by Patrick Dumberry and published by Cambridge University Press. This book was released on 2021-11-18 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.
Download or read book An Introduction to the Law of the United Nations written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2010-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to fill a gap in the existing legal literature by presenting a compact, concise but nevertheless panoramic view of the law of the United Nations. Today the organisation is at the centre of all multilateral international relations and impossible to avoid. And of course the UN Charter is a foundational document without which modern international law cannot be properly understood. In spite of its importance, this pre-eminent world political organisation is poorly understood by the general public, and the extent and variety of its activities is not widely appreciated. Even lawyers generally possess insufficient knowledge of the way its legal institutions operate. Assessments of the organisation and judgements about its achievements are consequently frequently distorted. This work is aimed especially at remedying these deficiencies in public and legal understanding, but also at presenting the organisation as a coherent system of values and integrated action. Thus the book presents an overarching view of the significance of the UN organisation in general, the history of its origins in the League of Nations, the aims and principles of the Charter, governmental agencies, members of the Organisation, the non-use of violence and collective security, the peaceful settlement of disputes, and the question of amendments to the Charter. This work will be suitable for students of law and international relations, as well as scholars and those interested in the work and organisation of the United Nations.
Download or read book Arbitration International written by and published by . This book was released on 1996 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book African Yearbook of International Law written by African Association of International Law and published by Martinus Nijhoff Publishers. This book was released on 2000 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collection of Procedural Decisions in ICC Arbitration 1993 1996 written by Dominique Hascher and published by Kluwer Law International B.V.. This book was released on 1997-10-22 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collection of Procedural Decisions in ICC Arbitration 1993-1996 contains the procedural decisions rendered by ICC arbitrators, published in a single volume for the first time. In addition to providing procedural decisions in their original language, this book includes commentaries on the decisions, key words in both English and French, and explanatory notes of interest in English. Two useful indexes guide the reader to points of specific interest. The analytical index, provided in both English and French, is based on terminology used in decisions and case notes, while the table of cross-referenced cases provides citations to the Journal du Droit International. A bibliography and tables containing the judicial and arbitral authorities cited provide useful reference information. The collection also includes the ICC and UNCITRAL Arbitration Rules, as well as the IBA Rules on Evidence, providing the reader with the full range of materials regarding the conduct of international arbitration. This collection is an indispensable reference work for anyone seeking to be informed about the conduct of international arbitration. Invaluable for all international arbitration practitioners, this book offers the reader solutions to pitfalls in arbitration proceedings by the most talented international arbitrators.
