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Selected Works

International Law

Liability

Articles 1 - 4 of 4

Full-Text Articles in Law

Fragmentation Of International Law In The Case Of Yugoslav Succession: Reimbursement Of “Old” Foreign-Currency Bank Deposits, Janja Hojnik Sep 2015

Fragmentation Of International Law In The Case Of Yugoslav Succession: Reimbursement Of “Old” Foreign-Currency Bank Deposits, Janja Hojnik

Janja Hojnik

The article explores the central, yet to be resolved succession issue of the former SFRY - the liability of successor States for the outstanding “old” foreign-currency deposits. Following the collapse of the SFRY, numerous depositors lost access to their foreign currency bank deposits. Although the successor States reimbursed some categories of depositors, several hundred thousands of them remained uncompensated. 25 years after the collapse of the SFRY and following the ECtHR pilot judgment in Ališić (2014), the solution to the issue finally seems to be in sight. It is claimed that by establishing a direct legal obligation of Slovenia …

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An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds Dec 2014

An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds

Jesse Reynolds

Solar climate engineering is under increasing consideration as a potential means to reduce climate change risks. Its field research may generate knowledge to reduce climate risks to humans and the environment and will, at sufficient scales, pose its own risks, some of which will be transboundary. Liability or compensation for harm is frequently referenced as a possible component of international regulation of solar climate engineering but has been insufficiently elaborated. This article offers an economic analysis of the possible interrelated roles of rules, liability, and compensation in the future international regulation of large-scale solar climate engineering field research. Notably, the …

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Punitive Damages In Mexico, Jorge E. De Hoyos Walther Dec 2013

Punitive Damages In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In July 2014 several Court precedents were published, through which the existence of “Punitive Damages” in Mexico was recognized. This resolution will change the way in which civil liability is perceived in our country, and will have implications for individuals and companies doing business overseas.

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The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck Dec 1999

The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck

Susan D. Franck

International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article examines the nature of the relationship between the parties and the arbitrators. It then explores how a variety of countries address the issues of arbitrator liability or immunity from the common law, civil law and Islamic law perspectives. The article ultimately recommends the adoption of a qualified immunity standard, which balances the needs for arbitrators to function independently …

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