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Full-Text Articles in Law
Leaders In The Expansive And Restrictive Interpretation Of Investment Treaties: A Descriptive Study Of Isds Awards To 2010, Gus Van Harten
Leaders In The Expansive And Restrictive Interpretation Of Investment Treaties: A Descriptive Study Of Isds Awards To 2010, Gus Van Harten
Articles & Book Chapters
This article provides an empirical analysis of interpretive discretion in investor–state dis- pute settlement (ISDS). Since the late 1990s, foreign investors have brought hundreds of investment treaty claims against states, leading to numerous awards in which arbitrators have interpreted investment treaties. Arbitrators may resolve ambiguities in the treaties in expansive or restrictive ways, thereby affecting the compensatory promise of ISDS for foreign investors and corresponding risks for states. Which arbitrators have contributed most to expansive or restrictive approaches? To examine this question, data was analysed on arbitrators’ resolutions of contested legal issues, such as the permissibility of parallel or minority …
Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh
Translating Trademarks: Towards The Equal Treatment Of Foreign- Language Marks, Ung Shen Goh
PhD Dissertations
Part A of this dissertation tells the story of The Coca-Cola Companys trademark registrations in Canada in order to illustrate the linguistic issues faced by trademark administrators. A trademarks registrability depends on its distinctiveness, which is its ability to can distinguish its traders goods and services from those of another trader. Knowing how well a trademark will function to distinguish means ascertaining first what has already been registered, which is no easy task when the databases cannot administer foreign-language marks that are not Romanized. Part A proposes the solution of transcribing foreign-language marks that are not Romanized, so they can …