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2011

Selected Works

David D. Caron

Articles 1 - 15 of 15

Full-Text Articles in Law

Introductory Remarks To The Panel Entitled "New Horizons And Mechanisms: International Law, Trade And Investment", David D. Caron Oct 2011

Introductory Remarks To The Panel Entitled "New Horizons And Mechanisms: International Law, Trade And Investment", David D. Caron

David D. Caron

No abstract provided.

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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.

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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.

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Images Of The Arctic And The Futures They Suggest, David D. Caron Mar 2011

Images Of The Arctic And The Futures They Suggest, David D. Caron

David D. Caron

Given as a lecture at the Library of Congress, my main theme is that the many discussions of the Arctic that we hear can be approached, perhaps understood, in terms of three images. Likely more than most of you, I have listened to numerous speeches regarding the Arctic and its future. In my experience, the speakers can be like ships passing in the dark – they come from different directions, they go different places, and they are concerned with themselves and somewhat unaware of the others. Some are optimistic about the opportunities that change brings; some fear such change. Needless …

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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 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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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 …

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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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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.

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Icsid In The Twenty-First Century: An Interview With Meg Kinnear, David D. Caron Dec 2010

Icsid In The Twenty-First Century: An Interview With Meg Kinnear, David D. Caron

David D. Caron

This publication is the transcript of an interview of Meg Kinnear which took place on March 26, 2010 in the context of the Annual Meeting of the American Society of International Law. Meg Kinnear is the Secretary General of ICSID, a part of the World Bank. She assumed this post in June of 2009.

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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.

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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.

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International Courts And Tribunals: Their Roles Amidst A World Of Courts, David D. Caron Dec 2010

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

David D. Caron

No abstract provided.

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