Download or read book The question whether an advisory center for developing countries should be established A sort of legal aid facility for investment law written by Blaise Tayou and published by GRIN Verlag. This book was released on 2021-12-13 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, University of Brussel, language: English, abstract: This dissertation will focus on the question of whether an advisory center for developing countries should be established as a sort of legal aid for investment disputes, although the international Centre for the settlement of investment disputes (ICSID) which is an international arbitration center for the resolution and conciliation between international investors does exist, it provides equal rights and obligations to enter into the dispute settlement process for all member countries. However the litigation process is complex and costly for developing countries, there are such limitations that do exist for developing country’s participation when they want to use the international Centre for the settlement of investment disputes, this dissertation will then have to focus on the reasons that will give rise to the establishment of the center, the challenges for the establishment of the advisory center and go further to look at the strengths and limitations of the establishment of an Advisory Centre, before giving some recommendations and the conclusion, In this regard, we will examine some possible recommendations for the establishment of an advisory center on investment law for developing countries which will help to develop a more effective working dispute settlement mechanism for developing countries.
Download or read book Establishing an Advisory Centre on International Investment Law written by Karl P. Sauvant and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Commission on International Trade Law is discussing the establishment of an Advisory Centre on International Investment Law, to assist under-resourced developing countries in issues related to international investment law. This Note focusses on three important issues central to this discussion: an issue related to the scope of the services of an Advisory Centre, specifically whether it should focus on the representation of respondents in investment dispute proceedings; an issue related to the structure of an Advisory Centre and its beneficiaries, specifically, whether small and medium-size enterprises should be beneficiaries; and the overarching question of a possible link between establishing an Advisory Centre and establishing a multilateral investment court and the related question of funding. The blog ends with a recommendation on the way forward.
Download or read book ABA Journal written by and published by . This book was released on 1973-04 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Download or read book The Institute of International Law s Resolution on the Equality of Parties Before International Investment Tribunals written by Campbell McLachlan and published by Cambridge University Press. This book was released on 2021-11-18 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.
Download or read book The Legal Problems of Foreign Investment in Developing Countries written by E. I. Nwogugu and published by Manchester University Press. This book was released on 1965 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Aid and Investment Treaty Disputes written by Robert Schwieder and published by . This book was released on 2018 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article evaluates the opportunities for and challenges to the establishment of an advisory center on international investment law ('ACIIL'), a legal aid facility designed off the successful Advisory Centre on WTO Law ('ACWL') but focused on investor-State dispute settlement ('ISDS'). Drawing primarily on personal interviews conducted with high-placed sources familiar with the historical attempts at establishing investment advisory centers and/or the ACWL's origins and operations, it identifies seven 'lessons learned' from those experiences. It concludes that, though the ACIIL's time has come, that center's future negotiators should be careful to heed the lessons learned by both the ACWL's founders as well as those diplomats who have previously undertaken ACIIL-like initiatives, which provide invaluable insight into the political, financial, and logistical challenges they will need to overcome.
Download or read book From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court written by Marc Bungenberg and published by Springer Nature. This book was released on 2019-09-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
Download or read book Legal Aid and World Poverty written by Committee on Legal Services to the Poor in the Developing Countries and published by . This book was released on 1974 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Convention on the Settlement of Investment Disputes Between States and Nationals of Other States written by International Centre for Settlement of Investment Disputes and published by . This book was released on 1968 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Arbitration and the Rule of Law written by and published by Kluwer Law International B.V.. This book was released on 2017-09-22 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Download or read book Legal trends in international lending and investment in the developing countries written by and published by Martinus Nijhoff Publishers. This book was released on 1984-03-30 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Legal Empowerment written by Paul Daniel Rivera and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of dollars of international aid is given to developing countries each year to strengthen “rule-of-law” institutions. Led by institutions like the World Bank and the International Monetary Fund (IMF), the majority of international legal aid rests on the assumption that market and investment friendly legal systems - protecting foreign and domestic investment, property and contract rights - will spur economic growth that in turn, will “trickle down” to the poor in the name of poverty alleviation. However, even after over two decades of these institutional legal reforms, little evidence has emerged supporting the impact that these reforms have had on poverty alleviation. From the frustrations of international legal development practitioners who have witnessed the real gaps between this top-down institutional approach and poverty alleviation emerged the field of legal empowerment. A promising alternative, it is a bottom-up approach aiming to afford poor and disadvantaged populations legal advice and services under the belief that once knowledgeable about their legal rights, these groups may take more control of their lives and lift themselves from the strains of poverty. At the moment, a huge imbalance exists between the amount of funding given to institutional reforms and those given to legal empowerment type projects. This imbalance needs to change, but is seemingly troubled by a vicious cycle of funding logic. International aid institutions like the World Bank and the IMF hesitate to grant long-term development loans unless impact is shown or looks promising. This is usually determined by looking at the impact of short-term developmental loans, which often act as a preliminary indicator of a projects tangible impact or promise. Herein lies the fundamental tension such a short-term, impact-oriented approach has with legal empowerment, which is by nature, a long-term process. In fact, sustained funding is often a predicate to the success of a legal empowerment intervention. This is because legal empowerment targets the “users” of the law and not the institutions. Whereas institutional reform may often be perceived as a more attractive option because it can point to tangible results like how many courts have been built, how many cases have been adjudicated, and number of judicial officers trained, this is often indeterminate of who is using the judicial channels and for what purpose. It's possible that, for example, such cases actually involved wealthy corporations or individuals that disenfranchised the poor. In such cases, one must question whether poverty alleviation is really taking place. On the other hand, legal empowerment targets the poor and disadvantaged. It's a long-term process because it seeks to educate these groups of their rights from the ground-up and that demands patience. In addition, these groups face deeply engrained cultures and socio-economic barriers making impact that more challenging. Thus, short-term tangible impact is hard to measure, thereby leaving funding of legal empowerment projects to receive only a small portion of developmental loans given. In practice, however, it's often more desirable because it seeks to empower the poor and engrain within them a sustainable notion of rights and justice. Without this foundation that legal empowerment initiatives attempt to give rise to, these legal institutions cannot effectively alleviate property and inevitably, “courts are just buildings, judges just public employees, and constitutions just pieces of paper.” This paper examines this vicious cycle of funding logic and proposes that international lending institutions be mindful of legal empowerment's requirement for long-term funding even if short-term impact is unclear. This is because it may inevitably be a more viable solution to poverty alleviation than mere institutional reform. Part I of this paper begins by examining the philosophical differences between rule-of-law and legal empowerment. It continues by listing a common core of legal empowerment characteristics along with the methodology for measurement and evaluation. In Part II, this paper describes select legal empowerment studies funded by international banks and aid agencies. It attempts to illustrate how legal empowerment interventions are formulated and implemented, along with describing the impact or discoveries from those interventions along the way. Part III concludes by attempting to frame the current funding framework as applicable to legal empowerment as unrealistic and impractical. It provides some context to that position by identifying the cultural barriers to change and describes why other intangible information may be more valuable. Finally, it ends by describing the possible economic benefits of legal empowerment and how increased funding will only improve the quality of the research.
Download or read book The New Law Journal written by and published by . This book was released on 1978 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Encouragement and Protection of Investment in Developing Countries written by British Institute of International and Comparative Law and published by . This book was released on 1962 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
