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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
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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:
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:
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: 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: 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: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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: Andrea Ciani
Publisher: World Bank Publications
ISBN: 1464815585
Category : Business & Economics
Languages : en
Pages : 178
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Book Description
Economic and social progress requires a diverse ecosystem of firms that play complementary roles. Making It Big: Why Developing Countries Need More Large Firms constitutes one of the most up-to-date assessments of how large firms are created in low- and middle-income countries and their role in development. It argues that large firms advance a range of development objectives in ways that other firms do not: large firms are more likely to innovate, export, and offer training and are more likely to adopt international standards of quality, among other contributions. Their particularities are closely associated with productivity advantages and translate into improved outcomes not only for their owners but also for their workers and for smaller enterprises in their value chains. The challenge for economic development, however, is that production does not reach economic scale in low- and middle-income countries. Why are large firms scarcer in developing countries? Drawing on a rare set of data from public and private sources, as well as proprietary data from the International Finance Corporation and case studies, this book shows that large firms are often born large—or with the attributes of largeness. In other words, what is distinct about them is often in place from day one of their operations. To fill the “missing top†? of the firm-size distribution with additional large firms, governments should support the creation of such firms by opening markets to greater competition. In low-income countries, this objective can be achieved through simple policy reorientation, such as breaking oligopolies, removing unnecessary restrictions to international trade and investment, and establishing strong rules to prevent the abuse of market power. Governments should also strive to ensure that private actors have the skills, technology, intelligence, infrastructure, and finance they need to create large ventures. Additionally, they should actively work to spread the benefits from production at scale across the largest possible number of market participants. This book seeks to bring frontier thinking and evidence on the role and origins of large firms to a wide range of readers, including academics, development practitioners and policy makers.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 110885849X
Category : Law
Languages : en
Pages : 345
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Book Description
Victorious after World War II and the Cold War, the United States and its allies largely wrote the rules for international trade and investment. Yet, by 2020, it was the United States that became the great disrupter – disenchanted with the rules' constraints. Paradoxically, China, India, Brazil, and other emerging economies became stakeholders in and, at times, defenders of economic globalization and the rules regulating it. Emerging Powers and the World Trading System explains how this came to be and addresses the micropolitics of trade law – what has been developing under the surface of the business of trade through the practice of law, which has broad macro implications. This book provides a necessary complement to political and economic accounts for understanding why, at a time of hegemonic transition where economic security and geopolitics assume greater roles, the United States challenged, and emerging powers became defenders, of the legal order that the United States created.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1300
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Book Description
