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- Keyword
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- And Loyalty; Investor-state arbitration; Bilateral investment treaties (1)
- Dispute resolution and arbitration; International investment policy; International law; Protection of Investment Act; South Africa; Bilateral investment treaty regime; Investor-state dispute settlement; International investment regime; Investor-state dispute settlement reform; UNCITRAL; Working Group III; Investment; Investment Law; African Investment Law; South African Investment Law; Exit (1)
- Helms Burton Act; Helms Burton Act Title III; Due Process; Personal Jurisdiction; Separation of Powers; Extraterritorial; Act of State (1)
- Kosovo; Kosove; Kosovo Tariff; Kosovo 100% Tariff; Ramush Haradinaj; Albin Kurti; Central European Free Trade Agreement; CEFTA; Stabilization Agreement; Belgrade-Pristina dialogue; Serbia; Kosovo history; European Union' EU-mandated Dialogue; Yugoslavia; Resolution 1244; NATO intervention; United Nations Interim Administration Mission in Kosovo; UNMIK; Assembly of Kosovo; Vetëvendosje; international agreements; Hashim Thaçi; legal identity; identity; legal history; legal system; nationalism; economics (1)
- Most-favored nation; MFN; bilateral investment treaty; BIT; investment treaty; investment; international arbitration; International Centre for Settlement of Disputes; ICSID; Vienna Convention on the Law of Treaties; VCLT; India; UNCTAD; the Netherlands; United Nations Commission on International Trade Law; UNCITRAL; United Nations Conference on Trade and Development; UNCTAD; third-party BIT; third-party provision; non-discrimination; borrowing (1)
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- United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation; Singapore Convention on Mediation; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; New York Convention; mediation; mediation settlement agreement; international commercial mediation; arbitration; arbitral award; litigation; alternative dispute resolution; med-arb; arb-med; arb-med-arb; United Nations; enforcement mechanism (1)
- Voice (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang
Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang
Brooklyn Law Review
After the Cuban Revolution, the Castro government nationalized the property of many American nationals, which served as a justification for the Kennedy administration’s decision to institute a general economic embargo on Cuba. This embargo was officially codified in the late 1990s in the Cuban Liberty and Democratic Solidarity (Libertad) Act, enacted by President Bill Clinton. Title III of this Act was suspended since its enactment. By creating a private cause of action for American nationals to sue “traffickers” of their improperly nationalized Cuban property, Title III aims to deter foreign investment into Cuba and compensate American citizens whose Cuban property …
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
The Singapore Convention On Mediation: A Brave New World For International Commercial Arbitration, Robert Butlien
Brooklyn Journal of International Law
Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation …
An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha
An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha
Brooklyn Journal of International Law
This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with …
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law
On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …