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Sovereign defaults before International courts and tribunals
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ISBN: 1139063308 1107214815 1283127253 1139075586 9786613127259 113908240X 1139077848 1139069829 113908013X 0511974922 9781139077842 9780511974922 9781139080132 9780521196994 052119699X 9781139069823 9781107684294 1107684293 9781139063302 9781107214811 9781283127257 9781139075589 6613127256 Year: 2011 Publisher: Cambridge : Cambridge University Press,

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International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.


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Science and the precautionary principle in international courts and tribunals : expert evidence, burden of proof and finality
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ISBN: 1107215595 1283112191 1139075004 9786613112194 1139081829 1139077260 1139079549 0511973683 1139069233 9781139077262 9780511973680 9780521513265 052151326X 1107669030 1139062832 Year: 2011 Publisher: Cambridge : Cambridge University Press,

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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo-Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.


Book
International institutional law : unity within diversity.
Authors: ---
ISBN: 9789004187986 9789004187962 9004187987 9004187960 9786613827050 9004187979 1283514605 9789004187979 Year: 2011 Publisher: Leiden Nijhoff

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In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners. See International Institutional paperback Edition


Book
Domestic law goes global : legal traditions and international courts
Authors: ---
ISBN: 1107220939 1139063782 1139083007 1139080733 1283113058 1139076175 0511783035 9786613113054 1139070444 1139078461 9781139078467 9780511783036 9781139080736 9781107004160 1107004160 9781107661677 1107661676 9781107661677 9781107220935 9781139063784 9781139083003 9781283113052 9781139076173 6613113050 9781139070447 Year: 2011 Publisher: Cambridge : Cambridge University Press,

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International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.


Book
Sovereign defaults before international courts and tribunals
Author:
ISBN: 9780521196994 9780511974922 9781107684294 052119699X Year: 2011 Volume: 81 Publisher: Cambridge : Cambridge University Press,

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"International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults"--


Book
Justice in international law : further selected writings of Stephen M. Schwebel.
Author:
ISBN: 1139140159 1107227313 1283316749 1139139428 9786613316745 1139145207 1139141007 1139137875 051179391X 1139141880 9781139145206 9780511793912 9781107005372 110700537X 9781139140157 9781107227316 9781283316743 9781139139427 6613316741 9781139141000 9781139137874 9781139141888 Year: 2011 Publisher: Cambridge : Cambridge University Press,

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Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

Keywords

International courts. --- Arbitration (International law) --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- International tribunals --- Tribunals, International --- Courts --- International Court of Justice. --- Permanent Court of International Justice --- Permanent Court of Arbitration --- CIJ --- Cour internationale de justice --- M.T.S. --- MTS --- Mǐędzynarodowy Trybunał Sprawiedliwości --- Milletlerarası Adalet Divanı --- I.C.J. --- ICJ --- Hague. --- Corte Internacional de Justicia --- Internationaler Gerichtshof --- Dīvān-i Bayn al-Milalī-i Dādgustarī --- Dīvān-i Lāhah --- Corte internazionale di giustizia --- Kokusai Shihō Saibansho --- Sān Yuttitham rawāng Prathēt --- Maḥkamat al-ʻAdl al-Dawlīyah --- Diethnes Dikastērion --- United Nations. --- C.I.J. --- World Court --- Tribunal Internacional de Justicia --- Mezhdunarodnyĭ Sud OON --- Curtea Internațională de Justiție --- Gjykata Ndërkombëtare e Drejtësisë --- GJND --- Meǵunarodniot sud na pravdata --- Nemzetközi Bíróság --- Arbitration (International law). --- International courts --- International law --- International Court of Justice --- Olon Ulsyn Shu̇u̇kh --- Nėgdsėn U̇ndėstniĭ Shu̇u̇kh --- General and Others

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