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David D. Caron

Selected Works

2011

Articles 1 - 5 of 5

Full-Text Articles in Law

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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