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Author: Riddhi Dasgupta
Publisher: Cambridge Scholars Publishing
ISBN: 1443867659
Category : Law
Languages : en
Pages : 480
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Book Description
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.
Author: Riddhi Dasgupta
Publisher: Cambridge Scholars Publishing
ISBN: 1443867659
Category : Law
Languages : en
Pages : 480
Get Book Here
Book Description
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.
Author: Ida Folkestad Soltvedt
Publisher: Bloomsbury Publishing
ISBN: 1786722828
Category : Political Science
Languages : en
Pages : 310
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Book Description
The Polar North is known to be home to large gas and oil reserves and its positionholds signifi cant trading and military advantages, yet the maritime boundaries of the region remain ill-defined. In the twenty-first century the Arctic is undergoing profound change. As the sea ice melts, a result of accelerating climate change, global governance has become vital. In this first of three volumes, the latest research and analysis from the Fridtjof Nansen Institute, the world's leading Arctic research body, is brought together. Arctic Governance: Law and Politics investigates the legal and political order of the Polar North, focusing on governance structures and the Law of the Sea. Are the current mechanisms at work effective? Are the Arctic states' interests really clashing, or is the atmosphere of a more cooperative nature? Skilfully delineating policy in the region and analysing the consequences of treaty agreements, Arctic Governance's uncovering of a rather orderly 'Arctic race' will become an indispensable contribution to contemporary International Relations concerning the Polar North.
Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
ISBN: 9041186905
Category : Law
Languages : en
Pages : 633
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Book Description
Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields
Author: Frank Biermann
Publisher: Cambridge University Press
ISBN: 1108489516
Category : Business & Economics
Languages : en
Pages : 349
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Book Description
An authoritative analysis of [a decade of] research on institutional architectures in earth system governance, covering key elements, structures and policy options.
Author: Prof. Dr. Bilal Semih Bozdemir
Publisher: Prof. Dr. Bilal Semih Bozdemir
ISBN:
Category : Psychology
Languages : en
Pages : 439
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Book Description
To understand the influence of industrialization on interpersonal relations, it is crucial to analyze the structural shifts that characterized this period. The rise of factories and mass production methods meant that large numbers of workers were concentrated in urban centers, leading to the emergence of a new social order. The factory system created environments where individuals from diverse backgrounds interacted on a daily basis, fostering new forms of social relationships and networks. However, this proximity did not necessarily translate into solidarity or community. Indeed, the rapid urbanization often bred isolation and alienation as individuals were uprooted from their traditional communities and support systems, leading to feelings of disconnection in the bustling city life. Moreover, the hierarchical structures of industrial workplaces altered the dynamics of interpersonal relations. In contrast to the more egalitarian social structures prevalent in agrarian societies, the industrial era saw the rise of a distinctly stratified social order. Employers and managers wielded significant power over their employees, shaping the nature of interactions within the workplace as well as in the broader community. The relationship between labor and management became characterized by conflict, negotiation, and sometimes antagonism, particularly as workers began to organize for better conditions and rights. The labor movement and the establishment of trade unions not only transformed the nature of work but also redefined interpersonal relations, as collective action provided a platform for workers to unite and interact in new ways, fostering solidarity among individuals who had previously been isolated in their struggles.
Author: Junfeng Zhang
Publisher: Cambridge Scholars Publishing
ISBN: 1443883131
Category : Language Arts & Disciplines
Languages : en
Pages : 195
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Book Description
Interpersonal Prominence and International Presence focuses on the construction and translation of diplomatic discourse (DD) for conveying a message suggesting uncertainty and capable of being read in a number of ways. After a summary and an analysis of its characteristics, the book provides a definition of DD, showing that implicit DD is marked with an interpersonal prominence among its three meta-functions from the perspective of Systemic Functional Linguistics (SFL). The book then gives a definition of implicitness, proposes a lexical model and identifies Lexicogrammatical Metaphor (LGM) as the linguistic mechanism of generating implicitness in DD via intralingual translation, and if necessary, interlingual translation. After this, a case study of DD generated around the 2001 Sino-US Air Collision incident is provided, which is used to establish a descriptive and explanatory three-dimensional model that is capable of providing textual accounts of translational treatments in intralingually configuring implicitness in DD and interlingually re-expressing it. This model consists of three components, namely linguistic composition, interactional dynamics, and perlocutionary imaging. Among them, perlocutionary imaging prevails over the other two in constructing and translating implicitness in DD.
Author: Ida Folkestad Soltvedt
Publisher: Bloomsbury Publishing
ISBN: 1838608028
Category : Political Science
Languages : en
Pages : 307
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Book Description
The Polar North is known to be home to large gas and oil reserves and its position holds significant trading and military advantages, yet the maritime boundaries of the region remain ill-defined. In the twenty-first century the Arctic is undergoing profound change. As the sea ice melts, a result of accelerating climate change, global governance has become vital. In this first of three volumes, the latest research and analysis from the Fridtjof Nansen Institute, the world's leading Arctic research body, is brought together. Arctic Governance: Law and Politics investigates the legal and political order of the Polar North, focusing on governance structures and the Law of the Sea. Are the current mechanisms at work effective? Are the Arctic states' interests really clashing, or is the atmosphere of a more cooperative nature? Skilfully delineating policy in the region and analysing the consequences of treaty agreements, Arctic Governance's uncovering of a rather orderly 'Arctic race' will become an indispensable contribution to contemporary International Relations concerning the Polar North.
Author: Oran R. Young
Publisher: MIT Press
ISBN: 9780262740241
Category : Political Science
Languages : en
Pages : 244
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Book Description
A study that lays the foundation for cumulative research on the roles institutions play in causing and confronting environmental changes.
Author: James Chieh Hsiung
Publisher: Lynne Rienner Pub
ISBN: 9781555875718
Category : Political Science
Languages : en
Pages : 245
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Book Description
This is a study of the political parameters of international law and, conversely, the law's relevance and reach in international politics. At the theoretical level, it bridges the competing dominant paradigms - neorealism and neoliberalism - in the contemporary IR literature.
Author: Mark Sproule-Jones
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773575952
Category : Political Science
Languages : en
Pages : 408
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Book Description
Canadian Water Politics explores the nature of water use conflicts and the need for institutional designs and reforms to meet the governance challenges now and in the future. The editors present an overview of the properties of water, the nature of water uses, and the institutions that underpin water politics. Contributors highlight specific water policy concerns and conflicts in various parts of Canada and cover issues ranging from the Walkerton drinking water tragedy, water export policy, Great Lakes pollution, St Lawrence River shipping, Alberta irrigation and oil production, and fisheries management on the Atlantic and Pacific coasts.
