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David D. Caron

2011

International Law

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Articles 1 - 8 of 8

Full-Text Articles in Law

International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron Jun 2011

International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron

David D. Caron

No abstract provided.


Contemporary International Law Issues In The Asia Pacific: The Importance And Challenge Of The Difference Between Principles And Rules In International Law, David D. Caron May 2011

Contemporary International Law Issues In The Asia Pacific: The Importance And Challenge Of The Difference Between Principles And Rules In International Law, David D. Caron

David D. Caron

No abstract provided.


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 …


The Independence And Impartiality Of Legal Systems, David D. Caron Dec 2010

The Independence And Impartiality Of Legal Systems, David D. Caron

David D. Caron

As lawyers, we often focus on the independence and impartiality of a judge or of an arbitrator. At least as important, however, is whether the system itself is independent or impartial. This is particularly true given that the task of building robust rule of law around the world is an initiative near the top of many foreign policy lists and that a central component of robust rule of law is the existence of a system of independent and impartial courts and tribunals. But what does it mean to require independence and impartiality at the level of the system rather than …


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 …


9/11 And The Tail Of Historic Events, The American Society Of International Law, David D. Caron Dec 2010

9/11 And The Tail Of Historic Events, The American Society Of International Law, David D. Caron

David D. Caron

The continuing influence (the “tail”) of historic events such as 9/11 has numerous dimensions. In international law, the event and the responses to the event can mark a shift in customary law, for example. Such events also influence who we are as a community and what we focus upon.


Contemporary International Law Issues In Asia Pacific: The Importance And Challenge Of The Difference Between Rules And Principles In International Law, David D. Caron Dec 2010

Contemporary International Law Issues In Asia Pacific: The Importance And Challenge Of The Difference Between Rules And Principles In International Law, David D. Caron

David D. Caron

No abstract provided.


Two Strands Of Change, Asil Newsletter, David D. Caron Dec 2010

Two Strands Of Change, Asil Newsletter, David D. Caron

David D. Caron

No abstract provided.