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Environmental Interests in Investment Arbitration Challenges and Directions

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INTERNATIONAL INVESTMENT ARBITRATION THE ENVIRONMENT ~ The final exam will be an open book, 24 hours, take-home exam. III. CONTENTS OF THE SEMINAR. Week 1: Background and Foundational Principles . 1. Introduction to the Investment & Environment Interface (ch. 1-2) a. Environment, Development & the Regulatory State b. Sustainable development & systemic integration c. Public v. private interests . 2.

Environmental interests in investment arbitration ~ Subject Law and Political Science Year 2019 Publication type PhD Thesis Publication status published Pages 607 pages Defense location Ghent, Facultaire Raadszaal Faculteit Recht en Criminologie

CHALLENGES OF ARBITRATORS IN INVESTMENT ARBITRATION ~ Challenges of Arbitrators in Investment Treaty Arbitration 156 that independence means the ‘absence of external control’, 11 while impartiality refers to the ‘absence of bias or predisposition towards a party’.12 The purpose of these requirements is to ‘protect parties against arbitrators being influenced by factors other than those related to

LITIGATING ENVIRONMENTAL DISPUTES: COURTS, TRIBUNALS AND ~ It is appropriate to begin with some history. Environmental disputes have an impressive history. The subject is not a new one. As far back as 1893, a distinguished international arbitration tribunal gave an Award in the Pacific Fur Seal Arbitration.1 This concerned a dispute between the United Kingdom and the United States

Is investment arbitration inimical to the human right to ~ This book is about the issues, challenges and directions currently faced by water as a key resource for mankind. The book aims at providing a finer understanding of the water regulatory future. The contributions in this book are grouped around specific themes. In Part I, the contributions address the water challenge to public international law.

Arbitration and Alternative Dispute Resolution ~ Download PDF View Back Issues. Book of the Month. . Environmental Interests in Investment Arbitration: Challenges and Directions. Flavia Marisi. ISBN 9789403517230 Published January 2020 Kluwer Law International £156.00 Buy. .

International Challenges in Investment Arbitration ~ The book is the product of the 1 st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international .

INTERNATIONAL ARBITRATION AND THE PROTECTION OF THE ~ 5 B. Investment Arbitration Environmental concerns may also arise in investor-State disputes. A framework of various autonomous international treaties has progressively emerged in the second half of the 20th century, which contain undertakings by their contracting States to confer substantive

The Book of Jargon® – International Arbitration ~ The Book of Jargon® – International Arbitration is one in a series of practice area and industry-specific glossaries published by Latham & Watkins.. The definitions provide an introduction to each term and may raise complex legal issues on which specific legal advice is required. The terms are also subject to change as applicable laws and customary practice evolve.

Arbitration in Environmental disputes - iPleaders ~ Arbitration systems shift broadly as an element of the arranged understanding of the parties, which is frequently called the “trade off” in universal arbitration. The parties may arrange an accommodation characterizing the extent of debated issues submitted for choice, and the forces and constraints of the tribunal.

Digital Book Platform ~ Issues covered include the following: interim measures in support of arbitration;the hybrid arbitration-mediation mode of dispute resolution;what China’s investment treaties have to offer;Moser’s ‘Triple A’ approach to mediation;witness conferencing;influence of rang (¿), or exercise of altruism;Chinese courts’ approach to .

Chapter 02 - Arbitrator Challenges in Investment ~ Investment arbitration is increasingly becoming a more complex and difficult process since every case involves significant interests and reviewing a state’s fundamental sovereign decisions (such as environmental, tax or regulatory measures). But it would be naïve to assume that in investment arbitration the issues dictate the outcome.

The Backlash Against Investment Arbitration - Google Books ~ One may debate whether the tremors of a systemic crisis in investment arbitration are real, and, if so, of a great enough magnitude to shake its foundations, but it is no longer possible to deny that the current system is coming under intensive scrutiny. International lawyers, who recognize the indispensability of a well-functioning system for settling investment disputes, should be concerned .

Search Results for 'arbitration' - Wildy & Sons Ltd ~ Download PDF View Back Issues. Book of the Month. Lewin on Trusts. . Environmental Interests in Investment Arbitration: Challenges and Directions. Flavia Marisi. ISBN 9789403517230 Published January 2020 Kluwer Law International £156.00 Temporarily unavailable. .

Global Public Interest in International Investment Law by ~ Brower, C. N. and E. R. Hellbeck, “ The Implications of National and International Environmental Obligations for Foreign Investment Protection Standards, Including Valuation: A Report from the Front Lines ” in The International Bureau of the Permanent Court of Arbitration, International Investments and Protection of the Environment – The .

The public interest in international investment ~ During the last few decades, trans-border investment has steadily grown. The increase in foreign investment has led to a significant rise in disputes between foreign private investors and host states, especially in the area of natural resource exploitation. Furthermore, foreign investors increasingly bring these disputes to international arbitration mechanisms.

Practical Guide to International Arbitration ~ “A Practical Guide to International Arbitration is an excellent book for users of international arbitration – it covers everything about the life of an arbitration in a practical way, from start to finish. The authors present complex concepts and issues in an easy to understand way, capturing the essence needed for the user who wants to get .

Research Handbook on Environment and Investment Law ~ 9. Procedural issues and innovations in environment-related investor-state disputes Judith Levine and Nicola Peart 10. Use of science in environment-related investor-state arbitration Jacqueline Peel 11. Green multilateralism: 'mega FTAs' and the changing interface between environmental regulation and investment protection Sam Luttrell 12.

International Challenges in Investment Arbitration ~ Both of these factors have led to the field of investment protection being subject to continuous changes, presenting an abundance of challenges in its interpretation and application. This book collects recently debated issues in investment law and deals with the underlying fundamental questions at the intersection of investment arbitration and .

Arbitrator Challenges Archives - Kluwer Arbitration Blog ~ The English High Court has reinforced its pro-arbitration stance in two recent judgments in the case of P v Q [2017] EWHC 148 (Comm.) and [2017] EWHC 194 (Comm.). Much attention has been devoted to the failed application under section 24 of the English Arbitration Act 1996 (the “Act”) to remove the arbitral tribunal on…

Challenges of International Investment Arbitrators: How ~ In this article, I examine and assess how challenges are decided in international investment arbitration, and suggest ways to improve challenge proceedings. The analysis focuses only on the rules of the Convention on the Settlement of Investment Disputes between States and Nationals of other States (ICSID Rules) and the 1976 and 2010 UNCITRAL .

International Human Rights in an Environmental Horizon ~ Secondly, the case law of adjudicatory bodies in the field of international economic law – notably, investment arbitration – shows that the internationalization of investors’ rights and trade freedoms entails corresponding limitations on state regulatory powers, with the risk that certain measures taken with a view to ensuring .

Remedies in Investor-State Arbitration: A Public Interest ~ Remedies in Investor-State Arbitration: A Public Interest Perspective. It would be strange indeed, if the outcome of acceptance of a bilateral investment treaty took the form of liabilities ‘likely to entail catastrophic repercussions for the livelihood and economic well-being of the population’ of [the host state].”. This quote from Professor Brownlie’s Separate Opinion on the Issues .

: Arbitration Under International Investment ~ Arbitration Under International Investment Agreements: A Guide to the Key Issues - Kindle edition by Yannaca-Small, Katia. Download it once and read it on your Kindle device, PC, phones or tablets. Use features like bookmarks, note taking and highlighting while reading Arbitration Under International Investment Agreements: A Guide to the Key Issues.

Protection of the environment in investment arbitration ~ The number of investment disputes with an environmental component is on the rise more than 60 investment disputes filed since 2012 have involved some kind of environmental issue. 2.