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Articles 1 - 13 of 13
Full-Text Articles in Law
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
International Investment Arbitration: Winning Losing And Why, Susan D. Franck
International Investment Arbitration: Winning Losing And Why, Susan D. Franck
Susan Franck
None available.
Private Party Enforcement Of International Intellectual Property Law, Marketa Trimble
Private Party Enforcement Of International Intellectual Property Law, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these slides in conjunction with her talk Private Party Enforcement of International Intellectual Property Law, given at the 35th Annual Teaching and Research in Intellectual Property Conference (ATRIP) held in Krakow on June 26 - 29, 2016.
International Fisheries Regulation, John P. Rivers
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
University of Miami International and Comparative Law Review
No abstract provided.
The Politics Of International Investment Arbitrators, Catherine A. Rogers
The Politics Of International Investment Arbitrators, Catherine A. Rogers
Catherine Rogers
Arbitrators are the lightning rod for investment arbitration’s most contentious political debates. Investment arbitration was originally conceived as a means to depoliticize international investment law. The regime was designed to extricate investment disputes from national courts and gunboat diplomacy, entrusting them instead to a neutral law-bound process. According to its critics, however, investment arbitration is neither a neutral, nor a legitimate law-bound process. They lay most of the blame with international arbitrators. Critics contend that, instead of law and appropriate policy considerations, investment arbitrators’ decisions are often the product of extra-legal factors — from their own ideology, to the nature …
Restating The U.S. Law Of International Commercial Arbitration, Catherine A. Rogers
Restating The U.S. Law Of International Commercial Arbitration, Catherine A. Rogers
Catherine Rogers
In December 2007, the American Law Institute ("ALI") approved the development of a new Restatement, Third, of the U.S. Law of International Commercial Arbitration (the "Restatement"). On February 23, 2009, the Restaters and authors of this Essay presented a Preliminary Draft of a chapter of the Restatement (the "Draft") at an invitational meeting in New York. The Draft addresses Recognition and Enforcement of Arbitral Awards. This brief Essay provides some reflections of the Reporters from the process of producing and presenting the Draft. Subsequent Drafts have been produced and approved by the ALI.
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
Thomas Carbonneau
International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …
Corruption In International Arbitration, Inan Uluc
Corruption In International Arbitration, Inan Uluc
SJD Dissertations
Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where …
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Pepperdine Law Review
No abstract provided.
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Pepperdine Law Review
What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium …
Between Flexibility And Stability: Ad Hoc Procedures And/Or Judicial Institutions?, Chiara Giorgetti
Between Flexibility And Stability: Ad Hoc Procedures And/Or Judicial Institutions?, Chiara Giorgetti
Law Faculty Publications
The choice between the flexibility offered by ad hoc procedures and the stability proper of established judicial institutions poses many interesting questions for those interested in international dispute resolution. This chapter seeks to assess some of these questions and, possibly, to offer suggestions to future parties and their counsel on how to select the most appropriate resolution mechanism to resolve their international inter-state dispute. To begin with, it is worth noting two important and related trends that characterize contemporary international dispute resolution: first, the increased use of international litigation by diverse international actors, and second, the multiplication of dispute resolution …
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana
Journal Publications
Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …