China Africa Dispute Settlement

Author: Won Kidane
Publisher:
ISBN: 9041136746
Size: 20.42 MB
Format: PDF, Mobi
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This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.

The Culture Of International Arbitration

Author: Won L. Kidane
Publisher: Oxford University Press
ISBN: 9780199973927
Size: 19.92 MB
Format: PDF, ePub, Docs
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Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

New Directions In International Economic Law

Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004191433
Size: 18.35 MB
Format: PDF, ePub, Mobi
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Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.

Trade Agreements At The Crossroads

Author: Susy Frankel
Publisher: Routledge
ISBN: 9781317964551
Size: 14.18 MB
Format: PDF
View: 51

The book examines trade agreements in the context of the current world economic crisis and the uncompleted World Trade Organization (WTO) Doha Round of trade negotiations. With economies shrinking and protectionism on the rise, many fear a protracted global recession. This raises important questions as to what role trade agreements – multilateral, plurilateral, and bilateral – should be playing in the current climate of uncertainty, and how best to plan for a more stable economic future. Previous assumptions are now being questioned, making this an opportune time to critically examine the WTO, free trade agreements, bilateral investment treaties, and other international economic law instruments. Furthermore, participants in international agreements are concerned with emerging issues that have the potential to strengthen or weaken the global trading system, including matters of treaty interpretation; terms of new agreements; and effects of existing provisions. This book provides a timely addition to the international economic law literature, as its submissions have been prepared during a time of unusual uncertainty and economic change; individuals interested in international economic law will seek scholarship that recognizes the current international economic climate. This book should be of interest to a wide range of academics and student researchers, as well as policymakers and practitioners.

China And International Investment Law

Author: Wenhua Shan
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004279636
Size: 10.17 MB
Format: PDF, ePub, Mobi
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The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.

The Oxford Handbook Of International Adjudication

Author: Cesare PR Romano
Publisher: OUP Oxford
ISBN: 9780191511417
Size: 12.56 MB
Format: PDF, Mobi
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The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.

Litigating War

Author: Sean D. Murphy
Publisher: Oxford University Press
ISBN: 9780199987580
Size: 17.39 MB
Format: PDF, Kindle
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Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.