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Selected Works

Selected Works

David D. Caron

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Articles 1 - 25 of 25

Full-Text Articles in Law

Climate Change And The Oceans, David D. Caron Dec 2012

Climate Change And The Oceans, David D. Caron

David D. Caron

The social, political and legal implications of climate change for the oceans, for ocean law and policy and ultimately for humanity are tremendous. These changes will touch all of the regions of the world and will call on the imagination and resources of all of the ocean institutions. Climate change often presents a set of challenges informed by principles of law, but that in several respects go far beyond existing approaches and will require substantial and innovative law-making. This Chapter proposes a framework for understanding the implications of climate change for the oceans; the conclusions its reaches center around the …

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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 Centre for the Settlement of Investment Disputes (“ICSID” or the “Centre”), for the resolution of disputes. This Chapter focuses in particular on the rules of interpretation to be applied when ascertaining the meaning of a unilateral act such as a national foreign investment law. The Chapter proceeds in the following manner. Part I and II are brief with Part I laying out the textual and …

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Negotiating Our Future With The Oceans, David D. Caron Dec 2010

Negotiating Our Future With The Oceans, David D. Caron

David D. Caron

For several centuries, nations have negotiated arrangements for their mutual interests in the oceans. These negotiations accelerated tremendously over the past century. Today, a global framework treaty exists and is complemented both by regional arrangements and by treaties relating to specific ocean activities. The challenges to this regime are many. Enforcement is a pervasive challenge, while the collapse of many fisheries and increasing strains on the health of coastal ecosystems, as well as the ocean acidification that accompanies climate change, are both critical and daunting.

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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.

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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 …

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Climate Change And Arctic Governance: Three Images Of A Changing Arctic, David D. Caron Dec 2010

Climate Change And Arctic Governance: Three Images Of A Changing Arctic, David D. Caron

David D. Caron

No abstract provided.

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Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron Dec 2009

Panel V Introductory Remarks: New Challenges - Arctic Marine Environment And Biodiversity, David D. Caron

David D. Caron

No abstract provided.

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Assessing The Impact Of The Nuclear Age On The Oceans And Its Legal Regime, David D. Caron, Harry N. Scheiber Dec 2008

Assessing The Impact Of The Nuclear Age On The Oceans And Its Legal Regime, David D. Caron, Harry N. Scheiber

David D. Caron

No abstract provided.

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The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber Dec 2008

The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber

David D. Caron

No abstract provided.

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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.

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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.

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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.

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Bringing New Law To Oceans Waters, David D. Caron, Harry N. Sheiber Dec 2003

Bringing New Law To Oceans Waters, David D. Caron, Harry N. Sheiber

David D. Caron

No abstract provided.

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Addressing Catastrophes: Conflicting Images Of Solidarity And Self Interest, David D. Caron Dec 2000

Addressing Catastrophes: Conflicting Images Of Solidarity And Self Interest, David D. Caron

David D. Caron

No abstract provided.

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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.

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Towards An Arctic Environmental Regime, David Caron Dec 1992

Towards An Arctic Environmental Regime, David Caron

David D. Caron

No abstract provided.

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The Legitimacy Of The Collective Authority Of The Security Council, David D. Caron Dec 1992

The Legitimacy Of The Collective Authority Of The Security Council, David D. Caron

David D. Caron

No abstract provided.

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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.

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La Protection De La Couche D'Ozone Stratosperique Et La Struture De L'Activite Normative Internationale En Matiere D'Environnement, David Caron Dec 1989

La Protection De La Couche D'Ozone Stratosperique Et La Struture De L'Activite Normative Internationale En Matiere D'Environnement, David Caron

David D. Caron

No abstract provided.

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The Arctic, David Caron Dec 1989

The Arctic, David Caron

David D. Caron

No abstract provided.

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Flags Of Vessels, David Caron Dec 1988

Flags Of Vessels, David Caron

David D. Caron

No abstract provided.

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Perspectives On U.S. Policy Toward The Law Of The Sea Dec 1984

Perspectives On U.S. Policy Toward The Law Of The Sea

David D. Caron

No abstract provided.

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Reconciling Domestic Principles And International Cooperation, David Caron Dec 1982

Reconciling Domestic Principles And International Cooperation, David Caron

David D. Caron

No abstract provided.

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Ocean Disposal Of Radioactive Wastes: International Law And California, David D. Caron Dec 1982

Ocean Disposal Of Radioactive Wastes: International Law And California, David D. Caron

David D. Caron

No abstract provided.

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Emergency Disposal Of Oil Spill Wastes In Northern And Central California, David D. Caron Dec 1979

Emergency Disposal Of Oil Spill Wastes In Northern And Central California, David D. Caron

David D. Caron

No abstract provided.

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