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Author: Blaise Tayou
Publisher: GRIN Verlag
ISBN: 3346554570
Category : Law
Languages : en
Pages : 59
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Book Description
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.
Author: Blaise Tayou
Publisher: GRIN Verlag
ISBN: 3346554570
Category : Law
Languages : en
Pages : 59
Get Book
Book Description
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.
Author: Marc Bungenberg
Publisher: Springer Nature
ISBN: 3662597322
Category : Law
Languages : en
Pages : 222
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Book Description
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.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 106
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Book Description
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.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108495192
Category : Business & Economics
Languages : en
Pages : 345
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Book Description
This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
Author:
Publisher: Kluwer Law International B.V.
ISBN: 9041194460
Category : Law
Languages : en
Pages : 1120
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Book Description
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?
Author: Campbell McLachlan
Publisher: Cambridge University Press
ISBN: 100905838X
Category : Law
Languages : en
Pages : 147
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Book Description
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: Lorenzo Cotula
Publisher: Routledge
ISBN: 1136600027
Category : Business & Economics
Languages : en
Pages : 204
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Book Description
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.
Author: International Centre for Settlement of Investment Disputes
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 662
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Book Description
Author: Public Private Infrastructure Advisory Facility
Publisher: World Bank Publications
ISBN:
Category : Electronic book
Languages : en
Pages : 68
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Book Description
The new PPIAF-IFC technical guidebook, Fostering the Development of Greenfield Mining-Related Transport Infrastructure, focuses on Greenfield transport infrastructure (rail and port) used to support mining operations through public-private partnership schemes. The publication covers financing issues and provides recommendation for governments and private-sector participants, specifically in the context of Sub-Saharan Africa and similar regions.
Author: Henrik M. Inadomi
Publisher: Kluwer Law International B.V.
ISBN: 9041131787
Category : Technology & Engineering
Languages : en
Pages : 418
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Book Description
For developing countries, a stable and secure supply of electricity is crucial for development, and for their populations' well-being. Since the early 1990s, the main mechanism for constructing power generation facilities in developing countries has been the independent power project (IPP) model, where a foreign investor enters into long term investment contracts with the national utility. This model has succeeded in attracting investment, but raises complex regulatory and contractual challenges in addition to public concerns. This book - drawing on project contracts, the author's interview sources, case law and literature - analyzes in detail the legal investment protection used by IPP investors to ensure sufficient returns and protect their contracted revenue stream. The author examines how the model's corporate / financial structure interlocks with strong contractual rights and with a number of measures used to improve the host country's creditworthiness in the short and long term (including investment guarantees).The second part of the book identifies that the IPP model normally leads to six main consequences for the host developing country: The IPP model has led to private investment, which has increases reliability, modernization and introduced private standards; It contains an intrinsic structural weakness in times of economic downturns; It has shown a tendency to lead to overinvestment in generation capacity; It has shown a tendency to lead to expensive and suboptimal solutions regarding choice of design and technology; The model (and its institutional surroundings) contains insufficient disincentives against moral hazard and exploitative behavior (including corruption); and The IPP model does not facilitate a further development of the host country's power sector. The author argues that these consequences for development can be improved without detrimentally compromising the private sector's willingness to continue to invest. While pursuing this analysis, the author also explores such issues as the following: ; the web of parties and contracts constituting the IPP model, including the model's risk allocation; an analysis of political risk, including to what extent foreign investors also are protected against commercial and credit risks; the competing needs of predictability and flexibility in long term contracts; how investment arbitration tribunals have reacted both to the change in macroeconomic circumstances caused by the East Asian Crisis of 1997-98, and to numerable and credible allegations of corruption during procurement identification of factors reducing, or increasing, the IPP model's tendency to fail during severe economic recessions
