Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

No Sovereign Immunity Under Fsia For Human Rights Violations: A Proposal To Strengthen The System Of Human Rights Protection, Omar E. Garcia-Bolivar Mar 2015

No Sovereign Immunity Under Fsia For Human Rights Violations: A Proposal To Strengthen The System Of Human Rights Protection, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

A proposal to reform the U.S. Foreign Sovereign Immunity Act to include an exception referred to human rights violations


Has The Time Arrived For Permanent Investment Tribunals?, Omar E. Garcia-Bolivar Mar 2012

Has The Time Arrived For Permanent Investment Tribunals?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about investment dispute resolution under permanent investment tribunals. It contains critiques to investment arbitration. It also contains suggestions for possible functioning of permanent investment tribunals.


Lack Of Judicial Independence And Its Impact On Transnational And International Litigation, Omar E. Garcia-Bolivar Mar 2012

Lack Of Judicial Independence And Its Impact On Transnational And International Litigation, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the impact of lack of judicial independence in different areas of transnational and international litigation, such as enforcement of foreign judgement and investment disputes.


Best Practices To Incorporate The Informal Economy Into The Formal Economy., Omar E. Garcia-Bolivar May 2011

Best Practices To Incorporate The Informal Economy Into The Formal Economy., Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This paper is about the best practices used to incorporate the informal economy into the formal economy. It is based on experience implementing legal changes in developing countries to empower the poor.


Economic Development At The Core Of The International Investment Law Regime, Omar E. Garcia-Bolivar Mar 2010

Economic Development At The Core Of The International Investment Law Regime, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the preeminence of economic development in international investment law as the intention of the States is taking into account.


Sovereignty V. Investment Protection: Back To Calvo?, Omar E. Garcia-Bolivar Mar 2010

Sovereignty V. Investment Protection: Back To Calvo?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the possible return of policies against foreign investment protection.


Comparing Arbitrators' Standards Of Conduct, Omar E. Garcia-Bolivar Jan 2010

Comparing Arbitrators' Standards Of Conduct, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article compares the standard of conduct applicable to arbitrators in different types of international arbitration.


International Law Of Foreign Investment At A Crossroads: The Need To Reform, Omar E. Garcia-Bolivar Sep 2008

International Law Of Foreign Investment At A Crossroads: The Need To Reform, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This essay presents the positive and negative aspects of the international law of foreign investment. It also presents some ideas to consider for reform. The essay is divided into nine sections: Section two deals with the impact of IIAs in the economies of countries; section three deals with the purpose of international law of foreign investment from the perspective of countries and how that purpose has been considered by the arbitral tribunals; section four addresses the policy restriction concerns of some countries; section five deals with the criticism of inconsistency found in investment arbitral awards; section six deals with the …


The Law As A Poverty Fighting Instrument: Reflections On Law, Development And Empowerment Of The Poor., Omar E. Garcia-Bolivar Aug 2008

The Law As A Poverty Fighting Instrument: Reflections On Law, Development And Empowerment Of The Poor., Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This essay describes the concept of legal empowerment of the poor. Through law, people can be empowered, not necessarily in terms of taking power from one group and granting it to other, but by creating the conditions and opportunities where the rights can be enforced. Empowerment is commonly defined in the literature of economic development as “the process of enhancing an individual’s or group’s capacity to make purposive choices and to transform those choices into desired actions and outcomes.” This involves strengthening the ability of actors to choose options, and the ability to structure the rules


Investor-States Disputes In Latin America, Omar E. Garcia-Bolivar Jan 2007

Investor-States Disputes In Latin America, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article presents a judgement on the use of international investment disputes in Latin America.


The Issue Of A Foreign Company Wholly Owned By National Shareholders In The Context Of Icsid Arbitration, Omar E. Garcia-Bolivar Feb 2006

The Issue Of A Foreign Company Wholly Owned By National Shareholders In The Context Of Icsid Arbitration, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article deals with the issue of nationality of corporations in the context of ICSID arbitrations.


Is Arbitration Viable In Central America?, Omar E. Garcia-Bolivar Feb 2006

Is Arbitration Viable In Central America?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article lookes at arbitration in Central America as an alternative to a weak rule of law.


The Teleology Of International Investment Law, Omar E. Garcia-Bolivar Oct 2005

The Teleology Of International Investment Law, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.


Foreign Investment Disputes Under Icsid: A Review Of Its Decisions, Omar E. Garcia-Bolivar Feb 2004

Foreign Investment Disputes Under Icsid: A Review Of Its Decisions, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article contains a review of the most relevant ICSID decisions on jurisdiction up to 2004.