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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.
Debts, Public --- Debts, External --- Arbitration (International law) --- International courts. --- 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 --- Law and legislation. --- Law --- General and Others
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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.
Environmental law, International. --- International courts. --- Evidence (Law) --- Precautionary principle. --- Precautionary approach --- Environmental law --- Environmental risk assessment --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- International environmental law --- International law --- Common heritage of mankind (International law) --- Law --- General and Others
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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
341 --- International agencies --- Associations, International --- IGOs (Intergovernmental organizations) --- Institutions, International --- Intergovernmental organizations --- International administration --- International associations --- International governmental organizations --- International institutions --- International organizations --- International unions --- Organizations, International --- Specialized agencies of the United Nations --- International cooperation --- Interorganizational relations --- Non-state actors (International relations) --- International organization --- 341 Internationaal recht. Volkenrecht --(algemeen) --- Internationaal recht. Volkenrecht --(algemeen) --- International courts --- Organisations internationales --- Tribunaux internationaux --- Coopération internationale --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Cooperation, International --- Global governance --- Interdependence of nations --- World order --- Cooperation --- International relations --- Inter-governmental organizations --- International agencies. --- International courts. --- International cooperation.
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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.
International courts. --- International law --- International and municipal law. --- Law --- Municipal and international law --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Influence --- International law influences --- History --- Arbitration (International law) --- Harmonization of law, International --- International harmonization of law --- International unification of law --- International uniform law --- Unification of law, International --- Uniform law, International --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Mediation, International --- International unification. --- Arbitration (International law). --- Political science --- Sources. --- International Relations --- General. --- International law National law influences --- Social Sciences --- Political Science
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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"--
International law --- Public debt --- -Arbitration, International --- Arbitration (international law). --- Debts, external --- Debts, public --- Debts, Public --- Debts, External --- Arbitration (International law) --- International courts --- Law and legislation --- International courts. --- Law / international. --- Law and legislation. --- 343.037 --- Fb2.3 --- Law of nations --- Nations, Law of --- Public international law --- Law --- 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 --- Debts, Government --- Government debts --- National debts --- Public debts --- Sovereign debt --- Debt --- Bonds --- Deficit financing --- Debts, Foreign --- Debts, International --- External debts --- Foreign debts --- International debts --- International finance --- Investments, Foreign --- Debts, Public - Law and legislation --- Debts, External - Law and legislation --- Dettes extérieures --- Arbitrage international --- Tribunaux internationaux --- Souveraineté --- Droit
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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.
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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