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

2015

International Law

Julien Chaisse

Articles 1 - 3 of 3

Full-Text Articles in Law

Greek Debt Restructuring, Abaclat V. Argentina And Investment Treaty Commitments: The Impact Of International Investment Agreements On The Greek Default, Julien Chaisse Mar 2015

Greek Debt Restructuring, Abaclat V. Argentina And Investment Treaty Commitments: The Impact Of International Investment Agreements On The Greek Default, Julien Chaisse

Julien Chaisse

This chapter further explains the Greek crisis and sets the scene for the subsequent analysis. Section I reviews the existing Greek treaties, while section II reviews their coverage of sovereign debt-related issues in terms of scope of application. Section III explains key features of the Greek– foreign IIAs and their significance for sovereign debt restructuring (SDR), namely the scope of Greek–foreign IIAs in terms of substantial rights of investors under IIAs. Section IV summarizes the main points of contention for the future of SDR in light of the Abaclat decision, but also the litigation prospects as for the Greek SDR.

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Navigating The Expanding Universe Of International Treaties On Foreign Investment-- Creation And Use Of A Critical Index, Julien Chaisse Mar 2015

Navigating The Expanding Universe Of International Treaties On Foreign Investment-- Creation And Use Of A Critical Index, Julien Chaisse

Julien Chaisse

There have been many successful attempts to analyse most of the rules and principles that make up the substance of the international law of foreign investment. There is, however, a lack of a general theory, or, at least, a tool which would allow us to analyse, compare, and make sense of this expanding patchwork of international rules on foreign investment. This article precisely aims at explaining how a combination of legal and economic perspectives can help to break new ground and allow both economists and lawyers to further grasp and analyse the complexity of the current regulatory framework. We created …

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Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse Feb 2015

Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse

Julien Chaisse

This Article deconstructs the WTO obligation of conformity enshrined in Article XVI:4 of the WTO Agreement, demonstrating that this key provision is not a mere interface between international and domestic law. In fact, the obligation of conformity is the source of a process of compliance which, although more modest than usual law of international responsibility, has proven to be effective in securing final compliance. Deconstructing the obligation of conformity helps to explain and demystify the high level of compliance with WTO law while significantly contributing to the understanding of why and how States comply with international law.

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