Download or read book The International Law of Expropriation as Reflected in the Work of the Iran U S Claims Tribunal written by Allahyar Mouri and published by BRILL. This book was released on 2023-07-24 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the lex specialis, viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.
Download or read book The International law of expropriation as reflected in the work of the Iran U S claims tribunals written by Allahyar Mouri and published by Martinus Nijhoff Publishers. This book was released on 1994-01-06 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the "lex specialis," viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2000 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
Download or read book International Law and the Environment written by Tuomas Kuokkanen and published by BRILL. This book was released on 2002-10-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book makes an original and modern contribution to the study of "international environmental law", addressing its development over three time periods: the traditional period, the modern era, and the post-modern period. Kuokkanen's thesis is this: in the traditional period there was no clear distinction between the protection of the environment and the exploitation of natural resources; during the modern period the subjects became completely separated; and in the post-modern era there has been an effort to reconcile economic interests and environmental concerns. The work challenges the reader to think about international environmental law and its development within a broader framework, and through a lens which differs from that taken elsewhere. The book presents an impressive panorama of the principal international legal developments over the past century in this area, and successfully pinpoints the tensions between environmental and economic objects over the past century. A timely and important contribution.
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 Applicable Law in Investor State Arbitration written by Hege Elisabeth Kjos and published by Oxford University Press. This book was released on 2013-03-21 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Download or read book Law Among Nations written by Gerhard von Glahn and published by Routledge. This book was released on 2015-07-14 with total page 855 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.
Download or read book Multistate and Multinational Estate Planning written by Jeffrey A. Schoenblum and published by CCH. This book was released on 2008 with total page 2890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Settlement of International Disputes written by Wallace-Bruce and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.
Download or read book International Economic Law with a Human Face written by Friedl Weiss and published by BRILL. This book was released on 2023-12-18 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Economic Law with a Human Face addresses a vital question in contemporary international economies: the design, structure and content of the legal and institutional framework within an increasingly globalized civil society and market economy. It is based on the belief that liberalized global markets cannot be expected to provide the public goods required to secure the acquis communautaire for human rights worldwide, let alone to extend those rights to peoples hitherto deprived of their benefits. Scholars from Europe, America, Asia and Australia examine a variety of aspects of relevant state practice in a fresh and stimulating manner. They combine `international social critique' of state practice with ideas for `social engineering', offering critical legal analysis and ideas about policy options for setting standards to induce legal change and development. International Economic Law with a Human Face is a `user-friendly' book. Twenty-seven chapters are sub-titled and arranged under three main headings: Towards a new human and economic order (chapters 1-8); Trade, environmental protection and resource management (chapters 9-18); and Investment and finance (chapters 19-27). It also contains a detailed Table of Contents and an Index.
Download or read book The Multinational Enterprise and Legal Control written by Cynthia Day Wallace and published by BRILL. This book was released on 2021-10-18 with total page 1359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls. In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control – transparently or less so – foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely,Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very ‘experience of years’ that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
Download or read book Damages in International Investment Law written by Sergey Ripinsky and published by BIICL. This book was released on 2008 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Download or read book The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors written by Jan Ole Voss and published by Martinus Nijhoff Publishers. This book was released on 2010-12-10 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????
Download or read book Finnish Yearbook of International Law Volume 7 1996 written by Koskenniemi and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of Volume VII, 1996, The Finnish Yearbook will be published by Martinus Nijhoff Publishers/Kluwer Law International. Despite its Finnish initiative and pedigrees, The Finnish Yearbook of International Law does not restrict itself to purely `Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. The Finnish Yearbook of International Law annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and -documentation of relevance to Finland's foreign relations not easily available elsewhere. The Finnish Yearbook offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
Download or read book The Energy Charter Treaty An East West Gateway for Investment and Trade written by Thomas Walde and published by Kluwer Law International B.V.. This book was released on 1996-07-25 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Download or read book The Iran United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
