Principles Of Evidence In Public International Law As Applied By Investor State Tribunals PDF Download
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Author | : Kabir A. N. Duggal |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Burden of proof |
ISBN | : 9789004366428 |
Download Principles of Evidence in Public International Law as Applied by Investor-state Tribunals Book in PDF, ePub and Kindle
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.
Author | : Kabir Duggal |
Publisher | : BRILL |
Total Pages | : 65 |
Release | : 2019-01-14 |
Genre | : Law |
ISBN | : 9004390618 |
Download Principles of Evidence in Public International Law as Applied by Investor-State Tribunals Book in PDF, ePub and Kindle
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.
Author | : Frédéric Gilles Sourgens |
Publisher | : Oxford University Press, USA |
Total Pages | : 325 |
Release | : 2018 |
Genre | : Law |
ISBN | : 9780198753506 |
Download Evidence in International Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Frédéric Gilles Sourgens |
Publisher | : Hotei Publishing |
Total Pages | : 426 |
Release | : 2015-03-20 |
Genre | : Law |
ISBN | : 9004288201 |
Download A Nascent Common Law Book in PDF, ePub and Kindle
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.
Author | : Pierre-Marie Dupuy |
Publisher | : OUP Oxford |
Total Pages | : 646 |
Release | : 2009-09-10 |
Genre | : Law |
ISBN | : 0191580430 |
Download Human Rights in International Investment Law and Arbitration Book in PDF, ePub and Kindle
This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law. Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned. Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.
Author | : Campbell McLachlan |
Publisher | : Cambridge University Press |
Total Pages | : 147 |
Release | : 2021-11-18 |
Genre | : Law |
ISBN | : 100905838X |
Download The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals Book in PDF, ePub and Kindle
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.
Author | : Andreas Kulick |
Publisher | : Oxford University Press |
Total Pages | : 737 |
Release | : 2024-05-22 |
Genre | : Law |
ISBN | : 0192849921 |
Download General International Law in International Investment Law Book in PDF, ePub and Kindle
This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.
Author | : Filippo Fontanelli |
Publisher | : BRILL |
Total Pages | : 199 |
Release | : 2018-03-27 |
Genre | : Law |
ISBN | : 9004366490 |
Download Jurisdiction and Admissibility in Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Ole Kristian Fauchald |
Publisher | : Oxford University Press, USA |
Total Pages | : 841 |
Release | : 2010-01-17 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199580383 |
Download Yearbook of International Environmental Law 2008 Book in PDF, ePub and Kindle
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.
Author | : Charles T. Kotuby, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2017-02-15 |
Genre | : Law |
ISBN | : 0190642726 |
Download General Principles of Law and International Due Process Book in PDF, ePub and Kindle
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.