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Full-Text Articles in Law

Using Investor-State Dispute Settlement To Enforce International Environmental Commitments, Andie Altchiler Sep 2021

Using Investor-State Dispute Settlement To Enforce International Environmental Commitments, Andie Altchiler

Pace Law Review

No abstract provided.


Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein Jan 2017

Introduction: Legitimacy And International Courts, Harlan Grant Cohen, Andreas Follesdal, Nienke Grossman, Geir Ulfstein

All Faculty Scholarship

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address …


Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler Jan 2016

Transformations In Statehood, The Investor- State Regime, And The New Constitutionalism, A. Claire Cutler

Indiana Journal of Global Legal Studies

This paper examines the changing boundaries of statehood resulting from transformations in the nature and operation of public and private authority over local and global politico-legal orders. Transformations in the political purposes of states are being driven by powerful elites who advance a new form of constitutional governance. New constitutionalism, as evidenced by the investor-state regime, subordinates the interests, purposes, and rights of national citizens to those of foreign, transnational politico-legal, and economic elites. This regime is a highly privatized order that is expanding in influence, both in terms of the commercial activities under its remit, and in terms of …


Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec Jan 2011

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.


The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff Jan 2011

The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff

Richmond Journal of Global Law & Business

Over the last six years, several arbitration panels have released opinions in a series of disputes raised by investors against Argentina. In each case, foreign investors claim that Argentina's use of price controls and currency devaluation following the 2002 economic crisis constituted a violation of bilateral investment treaty obligations. Despite the fact that most claimants make identical allegations, many of these decisions are highly contradictory. In some cases Argentina is absolved of liability, while in others Argentina is held liable for hundreds of millions in damages. In aggregate, the claimants seek enough money to bankrupt the Argentine Republic.


The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems Jan 2011

The Settlement Of Investor State Disputes And China New Developments On Icsid Jurisdiction, Jane Y. Willems

South Carolina Journal of International Law and Business

No abstract provided.


The Antinomies Of The (Continued) Relevance Of Icsid To The Third World, Ibironke T. Odumosu May 2007

The Antinomies Of The (Continued) Relevance Of Icsid To The Third World, Ibironke T. Odumosu

San Diego International Law Journal

The international law on foreign investment is commonly accepted as one of the most controversial areas of international law. Not only does international investment law lack clear rules on investment promotion and protection, this area of the law has always generated opposing rules, and implicates divergent interests in the process. In the face of unclear rules, and against the backdrop of the need to protect foreign investment through the internationalization of investment dispute settlement, and the position that this will facilitate investment flows to Third World states, the World Bank established the International Centre for the Settlement of Investment Disputes …


International Environmental Litigation And Its Future, Philippe Sands Jan 1999

International Environmental Litigation And Its Future, Philippe Sands

University of Richmond Law Review

The subject of international environmental law is relatively new. The subject was certainly not taught when the University of Richmond School of Law was established in 1870, even if early international law texts before that period did indicate a nascent concern for the issues of fisheries conservation and the use of international rivers. The late part of the last century and the early part of this one recognized a world in which international law could be divided, rather simply, between the law of peace and the law of war. It was a world with few international courts and tribunals in …


The Law Applicable To Foreign Investments: The Contribution Of The World Bank Convention On The Settlement Of Investment Disputes, Phillipe Kahn Oct 1968

The Law Applicable To Foreign Investments: The Contribution Of The World Bank Convention On The Settlement Of Investment Disputes, Phillipe Kahn

Indiana Law Journal

Translated from the French by Arthur M. Fell