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Author: Belinda Mcmahon
Publisher: T.M.C. Asser Press
ISBN: 9789067043199
Category : Law
Languages : en
Pages : 250
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Book Description
During the period 1999–2009, the Permanent Court of Arbitration (PCA) in The Hague, an intergovernmental organisation dedicated to international dispute settlement, saw a period of unprecedented growth, with fourteen arbitrations dealing with matters of international significance. Thirty public awards were rendered during that period, concerning subjects such as the laws of armed conflict, land and maritime boundary delimitation, the laws of international organisations, the interpretation of treaties, and the protection of investments. This volume contains detailed, concise summaries of those awards, together with a critical analysis of the PCA's contribution to international law and international dispute resolution. With each summary including an overview of key details, reference lists to the subject matters addressed, and citations to academic commentaries, this is an invaluable research tool for academics and practitioners, and for anyone wishing to gain an insight into the organisation, its work, and its field of activity.
Author: Anthony Connerty
Publisher: Commonwealth Secretariat
ISBN: 9780850928372
Category : Law
Languages : en
Pages : 392
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Book Description
A practical guide to international dispute resolution and settlement, especially in the fields of trade and commerce, investment, and intellectual property. The book will be of interest to readers worldwide who need to understand international dispute resolution processes and institutions.
Author: Belinda Mcmahon
Publisher: T.M.C. Asser Press
ISBN: 9789067043199
Category : Law
Languages : en
Pages : 250
Get Book Here
Book Description
During the period 1999–2009, the Permanent Court of Arbitration (PCA) in The Hague, an intergovernmental organisation dedicated to international dispute settlement, saw a period of unprecedented growth, with fourteen arbitrations dealing with matters of international significance. Thirty public awards were rendered during that period, concerning subjects such as the laws of armed conflict, land and maritime boundary delimitation, the laws of international organisations, the interpretation of treaties, and the protection of investments. This volume contains detailed, concise summaries of those awards, together with a critical analysis of the PCA's contribution to international law and international dispute resolution. With each summary including an overview of key details, reference lists to the subject matters addressed, and citations to academic commentaries, this is an invaluable research tool for academics and practitioners, and for anyone wishing to gain an insight into the organisation, its work, and its field of activity.
Author: Jan Paulsson
Publisher: OUP Oxford
ISBN: 0191620939
Category : Law
Languages : en
Pages : 331
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Book Description
What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.
Author: Permanent Court of Arbitration. International Bureau
Publisher: Kluwer Law International B.V.
ISBN: 9041120297
Category : Law
Languages : en
Pages : 458
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Book Description
This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.
Author: Jackson H. Ralston
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773960
Category : Arbitration, International
Languages : en
Pages : 434
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Book Description
Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. Originally published: Stanford University Press, 1929. xvi, 417 pp. The book is divided into five parts. Part I: General Principles of Judicial Settlement between Nations. Part II: Influences working toward Judicial Settlement. Part III: History of Arbitral Tribunals. Part IV: Hague Peace Conferences and their Results. Part V: The Permanent Court of International Justice. "The field of international arbitration, either in its historical or in its analytical aspects, is rather broad. To deal thoroughly with either of them is a serious task; to undertake both at once-to line up, within the limits of a volume of some 400 odd pages, the substantive and procedural rules governing the judicial settlements between nations, as well as to point out the historical growth of these rules, together with the influences, political, social and ethical, under which this growth took place-to accomplish this satisfactorily is almost inconceivable. That the author nevertheless has succeeded in producing a work which gives the reader the great contours of the history of international arbitration and makes him slightly acquainted with the innumerable problems connected with its development, speaks for the high ability of Judge Ralston and should certainly be acknowledged as an accomplishment."-- Francis Deák, 29 Columbia Law Review (1929) 1173 JACKSON H. RALSTON [1857-1945] was an American diplomat and scholar of international law. He lectured at Stanford University from 1929-1933 and represented the United States as agent and counsel in the first dispute submitted to the Permanent Court of Arbitration at The Hague under the Hague Convention of 1899. He secured a significant victory and large financial award in the Pious Fund case. Settlement of this dispute gave authority to The Hague's new court for international dispute resolution, with Ralston's victory clearly establishing his reputation. He was the author of The Law and Procedure of International Tribunals (1926) and A Quest for International Order (1941). The Jackson H. Ralston Prize in International Law was established at Stanford Law School in 1972.
Author: George A. Bermann
Publisher: BRILL
ISBN: 9004348271
Category : Law
Languages : en
Pages : 648
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Book Description
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author: Ivano Alogna
Publisher: BRILL
ISBN: 900444761X
Category : Law
Languages : en
Pages : 567
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Book Description
This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints. The contributions span a wide range of national jurisdictions with examples from both the Global South and the Global North. In addition, the potentialities and limitations for climate change-related cases at the regional and international levels are addressed, ranging from regional human rights courts and United Nations Treaty Bodies to the International Court of Justice, the World Trade Organization, the International Criminal Court and international arbitration. The volume will be of interest to legal scholars and legal practitioners, policy makers as well as activists and all those who are seeking to achieve change for the better in this field.
Author: Stacie Strong
Publisher: Oxford University Press, USA
ISBN: 9780199238309
Category : Law
Languages : en
Pages : 0
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Book Description
Exponential growth in international commercial arbitration sources, as well as their diversity and international nature can leave those interested in this area confused. This is a practical and portable guide to the strategies, as well as the sources, associated with researching international commercial arbitration.
Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004416234
Category : Law
Languages : en
Pages : 99
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Book Description
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.
Author: P. Hamilton
Publisher: Kluwer Law International B.V.
ISBN: 9041112332
Category : Law
Languages : en
Pages : 338
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Book Description
Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
