International Interplay

Author: Riddhi Dasgupta
Publisher: Cambridge Scholars Publishing
ISBN: 1443867659
Size: 80.33 MB
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Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

International Law In The U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Size: 25.61 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

The Agrarian Dispute

Author: John Dwyer
Publisher: Duke University Press
ISBN: 0822388944
Size: 55.51 MB
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In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.

Legitimacy And International Courts

Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 110842385X
Size: 56.73 MB
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

International Investment Law And Arbitration

Author: Borzu Sabahi
Publisher: Brill Research Perspectives
ISBN: 9789004363021
Size: 59.52 MB
Format: PDF, ePub
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International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Contemporary Issues In International Arbitration And Mediation

Author: Arthur W. Rovine
Publisher: Martinus Nijhoff Publishers
ISBN: 9004230122
Size: 30.87 MB
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These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.

International Dispute Settlement

Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 1316738248
Size: 44.94 MB
Format: PDF, Docs
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The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations, helping the reader to understand the strengths and weaknesses of different methods when they are used. Fully updated throughout, the sixth edition includes all the latest case law, as well as new sections on investment arbitration and regional trade disputes. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

The Use Of Economics In International Trade And Investment Disputes

Author: Theresa Carpenter
Publisher: Cambridge University Press
ISBN: 1107144906
Size: 79.43 MB
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Containing contributions from both academic experts and practitioners and from economic and legal experts, this book explores the use of economics in international economic law.

Dispute Settlement In International Space Law

Author: Gérardine Goh
Publisher: BRILL
ISBN: 9047419464
Size: 21.41 MB
Format: PDF
View: 767
Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.

Conflict And Coexistence In The Extractive Industries

Author: Paul Stevens
Publisher: Chatham House
ISBN: 9781784130008
Size: 57.27 MB
Format: PDF
View: 4861
Clashes over the terms of mineral contracts have become a political lightning rod in many resource-rich countries. A series of bitter disputes in recent years, some ending in lengthy litigation, project cancellation or even expropriation, has unsettled investors and global markets. These disputes call attention to the fragile and complex relationship between companies and their host governments that characterizes the extractives sector. The economic significance of the sector to producer countries is well known, as is its role in influencing the fate of political leaders. Consequently, it is often subject to intense global scrutiny, whether over revenue transparency or its environmental legacy. Its impact on the national economy or local communities also remains an area of contested rights, responsibilities and benefits. A decade of high prices and fast-growing global demand has triggered a new generation of mineral mega-investments. Many of these ventures are located in countries with long-established extractive industries, such as Australia, Chile and Canada. But 'emerging producers', such as Mozambique and Mongolia, are also attracting interest from extractive companies, whether private corporations or state-owned enterprises (SOEs). Today, public anticipation of the benefits of extractives projects is again rising in many countries, with producer governments asserting greater control over their mineral endowments. But these expectations come at a time when the operational and political context for mineral investments is shifting across the world, raising questions about the long-term future of the extractives sector, especially in developing countries. Mineral and hydrocarbons production increasingly takes place in geologically, ecologically and politically challenging regions, as opportunities for more accessible reserves dwindle. Water scarcity and the increasing frequency of extreme weather events are raising new risks for investors and producers. Heightened concerns over resource security, environmental degradation and climate change will bring further scrutiny and tensions. Other uncertainties also cloud the market outlook. Talk of the end of the commodities super-cycle is prompting some companies to slash investment, undermining the prospects for resource-led development. The relationship between host country and company in the extractives sector will remain contentious. In many parts of the world conflicts are set to escalate. Future disputes have significant ramifications not only for the economic and political stability of the countries concerned but also for companies' assets and reputations.