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Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata , provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice . The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.
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International courts --- Arbitration, International --- Law --- International unification --- Peaceful settlement of international disputes --- Arbitration (International law) --- Tribunaux internationaux --- Arbitrage international --- Unification internationale --- Arbitration, International. --- International courts. --- International unification. --- Arbitration (International law). --- Criminal law. Criminal procedure --- Droit --- Law - International unification
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The 1980's & 90's brought new protections to foreign investors in risky countries. Yet, the assurances failed to meet investors needs & imposed sometimes inordinate costs on poor countries. This text contains case histories which suggest reforms for international arbitration & official investment insurance.
Investments, Foreign --- Infrastructure (Economics) --- Government ownership --- Right of property --- Arbitration (International law)
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Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
International courts. --- Arbitration (International law) --- Law --- Arbitration, International. --- International courts --- International unification. --- International unification --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Mediation, International --- Harmonization of law, International --- International harmonization of law --- International unification of law --- International uniform law --- Unification of law, International --- Uniform law, International
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Conflict of laws --- Jurisdiction (International law) --- Forum shopping. --- Forum shopping --- Jurisdiction --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Jurisdiction. --- Law and legislation
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[2nd ed.] This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analysing the volume of law created, applied and analysed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognised author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it.Key areas of coverage include:• The instruments under which investment disputes arise• The legal basis of treaty arbitration• Dispute resolution and parallel proceedings• Who is a foreign investor, including nationality issues and foreign control• What is an investment• Investors' substantive rights, including fair and equitable treatment• Expropriation• Compensation and remedies
Investments, Foreign --- Arbitration and award, International --- Law and legislation --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Investments, Foreign - Law and legislation
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"As demonstrated by this paper, the experience with the investor-state dispute settlement of a number of countries (mostly in the Asia-Pacific region) appears to have influenced the development of new international investment agreements (IIAs) by those countries. Observing how previous IIAs were interpreted and applied by arbitral tribunals, their governments have come up with new provisions and new language, which address most of the problems that arose in the context of investment disputes."--Publisher description
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In the European Union, member states not respecting European Law run the risk of being held liable in damages to citizens. As an alternative to this Francovich liability and on the initiative of the European Commission, the European Court of Justice may publicly fine states for breaching European Law according to Art. 228 of the European Community Treaty. Using Law & Economics methods, Bert Van Roosebeke analyses non-contractual state liability in the European Union. He empirically explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of remarkable judgements. On the normative level, he embeds the issue of state liability in the existing Law & Economics literature and concludes that compliance is the true economic aim of state liability legislation. The author presents a comparative analysis of Francovich liability and public fining according to Art. 228 of the EC Treaty. He investigates the effectiveness of both private and public law enforcement mechanisms and – on the basis of a model of political decision-making and the influence of state liability –formulates improvements to the rules of state liability.
Government liability --- Jurisdiction (International law) --- Law --- Economic aspects --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Law and economics. --- Law and Economics. --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics
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Polemology --- Arbitration (International law) --- Arbitration, International. --- Conflict management - Methodology. --- Conflict management --- Diplomatic negotiations in international disputes. --- Mediation, International. --- Pacific settlement of international disputes. --- Methodology. --- Pacific settlement of international disputes.Methodology. --- #SBIB:327.6H00 --- #SBIB:327.5H20 --- Internationale en diplomatieke relaties: algemeen --- Vredesonderzoek: algemeen --- Arbitration (International law). --- Diplomatic negotiations in international disputes --- Mediation, International --- Pacific settlement of international disputes --- Dispute settlement, Peaceful (International relations) --- Disputes, Pacific settlement of international --- International disputes, Pacific settlement of --- Peaceful dispute settlement (International relations) --- Peaceful settlement of international disputes --- PSD (Pacific settlement of international disputes) --- Settlement of international disputes, Pacific --- Dispute resolution (Law) --- International relations --- Conciliation, International --- International conciliation --- International mediation --- Mediation --- Negotiations in international disputes --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Arbitration, International --- International arbitration --- International political arbitration --- International commissions of inquiry --- Jurisdiction (International law) --- Methodology --- Law and legislation --- Dispute resolution (International law) --- Pacific resolution of international disputes --- Peaceful dispute resolution (International relations) --- Peaceful resolution of international disputes --- Resolution of international disputes, Pacific --- International law
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Investments, Foreign --- Arbitration and award, International. --- Commercial treaties. --- Law and legislation. --- Arbitration and award, International --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Investments, Foreign - Law and legislation.
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