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In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Book Synopsis Principles of Evidence in Public International Law as Applied by Investor-state Tribunals by : Kabir A. N. Duggal
Download or read book Principles of Evidence in Public International Law as Applied by Investor-state Tribunals written by Kabir A. N. Duggal and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Book Synopsis Principles of Evidence in Public International Law as Applied by Investor-State Tribunals by : Kabir Duggal
Download or read book Principles of Evidence in Public International Law as Applied by Investor-State Tribunals written by Kabir Duggal and published by BRILL. This book was released on 2019-01-14 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai examine evidentiary principles of burden of proof and standard of proof by delving into applications by the International Court of Justice and investor-state tribunals.
Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
Book Synopsis Evidence in International Investment Arbitration by : Frédéric Gilles Sourgens
Download or read book Evidence in International Investment Arbitration written by Frédéric Gilles Sourgens and published by Oxford University Press, USA. This book was released on 2018 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
Book Synopsis A Nascent Common Law by : Frédéric Gilles Sourgens
Download or read book A Nascent Common Law written by Frédéric Gilles Sourgens and published by Hotei Publishing. This book was released on 2015-03-20 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.
Book Synopsis Yearbook of International Environmental Law 2008 by : Ole Kristian Fauchald
Download or read book Yearbook of International Environmental Law 2008 written by Ole Kristian Fauchald and published by Oxford University Press, USA. This book was released on 2010-01-17 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.
This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
Book Synopsis Principles of International Investment Law by : Rudolf Dolzer
Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by OUP Oxford. This book was released on 2012-11-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.
Book Synopsis International Investment Law and General International Law by : Christian J. Tams
Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2022-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
Book Synopsis Jurisdiction and Admissibility in Investment Arbitration by : Filippo Fontanelli
Download or read book Jurisdiction and Admissibility in Investment Arbitration written by Filippo Fontanelli and published by BRILL. This book was released on 2018-03-27 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
"The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--
Book Synopsis The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals by : Reza Eftekhar
Download or read book The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals written by Reza Eftekhar and published by Nijhoff International Investme. This book was released on 2021 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--
