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Selected Works

David D. Caron

International Courts - International Arbitration

Articles 1 - 7 of 7

Full-Text Articles in Law

The Profound Significance Of The Uncc For The Environment, David D. Caron Dec 2010

The Profound Significance Of The Uncc For The Environment, David D. Caron

David D. Caron

In this Chapter, the experience of the UNCC with claims regarding the environment is told in terms of six lessons. Although potentially applicable to the BP spill context, these lessons are intended as general ones. Before addressing these lessons, I consider why the lessons of the UNCC are not always readily apparent and how an environmental claim is fundamentally different from other claims present in a claims process.


The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron Dec 2010

The Interpretation Of National Foreign Investment Laws As Unilateral Acts Under International Law, David D. Caron

David D. Caron

To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets assurances as to how foreign investment will be treated and provides consent to non-national mechanisms, primarily arbitration before the International Center for the Settlement of Investment disputes (“ICSID”), for the resolution of disputes. This Chapter examines national foreign investment laws as unilateral acts under international law. Professor Reisman and Mahnoush Arsanjani examining the arguably more difficult situation of unilateral oral declarations of “heads of state and ministers of developing countries . . . promising certain conditions or treatment for foreign investors,” conclude that such statements …


Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron Dec 2008

Round Table On The Assessment Of The Revision Of The Uncitral Rules On International Commercial Arbitration, David D. Caron

David D. Caron

No abstract provided.


Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron Dec 2007

Are The Icsid Rules Governing Nationality And Investment Working? – A Discussion, David D. Caron

David D. Caron

No abstract provided.


The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron Dec 2006

The Iran – U.S. Claims Tribunal And Investment Arbitration: Understanding The Claims Settlement Declaration As A Retrospective Bit, David D. Caron

David D. Caron

This article seeks to understand the relevance of the many decisions of the Iran – United States Claims Tribunal for contemporary investor state arbitration by probing the similarities of the constitutive instruments involved if the Iran – U.S. Claims Settlement Declaration is viewed as a retrospective bilateral investment treaty. On the basis of this characterization, criteria are identified to assist in understanding which decisions should be viewed as addressing analogous issues.


The Basis Of Responsibility: Attribution And Other Transubstantive Rules Of State Responsibility, David D. Caron Dec 1997

The Basis Of Responsibility: Attribution And Other Transubstantive Rules Of State Responsibility, David D. Caron

David D. Caron

No abstract provided.


Attribution Amidst Revolution: The Experience Of The Iran United States Claims Tribunal, David Caron Dec 1990

Attribution Amidst Revolution: The Experience Of The Iran United States Claims Tribunal, David Caron

David D. Caron

No abstract provided.