Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 4 of 4
Full-Text Articles in Law
Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo
Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo
Law Student Publications
Despite the original objective of investor state dispute settlement (“ISDS”)—to create an unbiased arbitration mechanism to resolve conflicts between states and foreign investors—ISDS tribunals have gained the reputation of being one-sided, nontransparent, and inconsistent in decisions rendered. A major reform proposed to address the criticism of ISDS is the creation of one permanent tribunal, rather than numerous ad hoc tribunals constituted separately for each investment dispute. Discussion of ISDS reform in light of its historical context poses the question: is ISDS really a broken system, or have our global priorities and concerns changed over time? While improvements can be made, …
Rethinking The Individual In International Law, Chiara Giorgetti
Rethinking The Individual In International Law, Chiara Giorgetti
Law Faculty Publications
The acceptance of the individual as a subject of international law has been gradual and asymmetrical. Individuals have become international law subjects in their own rights in some international legal areas, including human rights and international criminal law. This affords individuals substantive rights and obligations, as well as procedural rights. In most legal areas, however, individuals acquired substantive rights, but not direct procedural rights. In those instances, individuals need the filter of a nationality to enforce their claim and remedy in international proceedings. This Article criticizes the nationality-based approach and argues that there are better and alternative ways to provide …
Ex Pluribus Unum? On The Form And Shape Of A Common Code Of Ethics In International Litigation, Chiara Giorgetti, Jeffrey L. Dunoff
Ex Pluribus Unum? On The Form And Shape Of A Common Code Of Ethics In International Litigation, Chiara Giorgetti, Jeffrey L. Dunoff
Law Faculty Publications
In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This groundbreaking development signals that, for the first time, a consensus exists that a code of ethics for Investor-State dispute settlement is desirable and needed. This contribution addresses three threshold questions that such preparatory work raises, namely: the preferred form of the code, the code's substantive reach, and the optimal process for bringing a code to fruition. As set out below, we urge that …
Introduction To The Symposium: A Focus On Ethics In International Courts And Tribunals, Chiara Giorgetti, Jeffrey L. Dunoff
Introduction To The Symposium: A Focus On Ethics In International Courts And Tribunals, Chiara Giorgetti, Jeffrey L. Dunoff
Law Faculty Publications
Alarming developments in a recent arbitration between Croatia and Slovenia catapulted ethical issues to the center of debates over the functioning of international dispute settlement. On July 22, 2015, a Croatian newspaper published transcripts and audio files of ex parte communications between the arbitrator Slovenia appointed and Slovenia's agent in the case. In these discussions, the arbitrator disclosed the Tribunal's preliminary conclusions (which allegedly favored Slovenia) and discussed ways to influence the other arbitrators on the panel. Following the revelation of these conversations, Slovenia's Prime Minister demanded and received the resignations of both individuals and stated that the Slovenian Government …