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Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Michigan Journal of International Law
This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
Michigan Journal of International Law
This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …