Oxford Index Search Results

You are looking at 41-60 of 72 items for:

online x Private International Law and Conflict of Laws x clear all

Secrecy in International Investment Arbitration: An Empirical Analysis

Emilie M. Hafner-Burton and David G. Victor.

in Journal of International Dispute Settlement

March 2016; p ublished online February 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 10845 words.

As international governance is taking on increasingly more difficult and demanding topics, firms and governments have radically expanded the use of international courts to resolve complex...

The Three Challenges of Stateless Justice

Pietro Ortolani.

in Journal of International Dispute Settlement

November 2016; p ublished online April 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18742 words.

The article explores the phenomenon of stateless justice. It proceeds as follows. After an introduction, Section 2 clarifies the relevant meaning of the word ‘justice’. Section 3 describes...

TPP, CETA and TTIP Between Innovation and Consolidation—Resolving Investor–State Disputes under Mega-regionals

Stefanie Schacherer.

in Journal of International Dispute Settlement

November 2016; p ublished online September 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12975 words.

The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive...

International Civil Litigation

Burkhard Hess.

Reference Entry. Subjects: Private International Law and Conflict of Laws; Arbitration; Public International Law; International Law; Law. 8135 words.

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The WTO Appellate Body: A Model for an ICSID Appeals Facility?

Donald McRae.

in Journal of International Dispute Settlement

August 2010; p ublished online July 2010 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 8378 words.

Discussions of a possible appeals facility for ICSID often have the WTO Appellate Body as the model in mind. The question is whether this is the appropriate model. The Appellate Body’s...

Recent Trends in Investor–State Dispute Settlement

Rachel L. Wellhausen.

in Journal of International Dispute Settlement

March 2016; p ublished online January 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 8229 words.

Systematic data about investor–state dispute settlement (ISDS) are increasingly important to our understanding of modern relations between states and multinational corporations. This...

Part II The Criteria for the Operation of the Persistent Objector Rule, 4 The Persistence Criterion

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 16 pages. 8995 words.

This chapter examines the persistent objector rule's ‘persistence’ requirement. The chapter argues that given the usual name for the rule, a requirement of persistent objection is...

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‘Good Faith’, ‘Abuse of Process’ and the Initiation of Investment Treaty Claims

Eric De Brabandere.

in Journal of International Dispute Settlement

November 2012; p ublished online August 2012 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 16034 words.

The principle of ‘good faith’ in assessing the initiation of investment treaty claims has manifestly become an important rule of international investment arbitration. From a procedural...

Part II The Criteria for the Operation of the Persistent Objector Rule, 3 The Objection Criterion

James A. Green.

in The Persistent Objector Rule in International Law

March 2016 .

Chapter. Subjects: History of International Law; Private International Law and Conflict of Laws; Public International Law; International Law; Law. 32 pages. 18422 words.

The second part of this book turns towards the way in which the persistent objector rule functions and the various criteria for its operation. This chapter begins with an analsys of waht...

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The Concept of Law in Transnational Arbitral Legal Orders and some of its Consequences

Thomas Schultz.

in Journal of International Dispute Settlement

February 2011; p ublished online January 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 13260 words.

If an arbitration system, hypothetically disconnected from states, were to seek to replicate the rule of law beyond the state, in its own transnational order, what would it look like? This...

The Interplay of International Dispute Resolution Mechanisms: the Softwood Lumber Controversy

Leonila Guglya.

in Journal of International Dispute Settlement

February 2011; p ublished online February 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 13980 words.

The Article discusses the interrelation of ‘competing’ international mechanisms for the settlement of disputes originating from the same factual background. The problem is assessed with...

Balancing Investment Protection and the Public Interest: The Role of the Standard of Review and the Importance of Deference in Investor–State Arbitration

Caroline Henckels.

in Journal of International Dispute Settlement

March 2013; p ublished online January 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11154 words.

International investment tribunals have not yet developed a coherent approach to the standard of review in relation to disputes involving the exercise of public power by host states. In...

Business as Usual? The International Court of Justice’s 2012 Judicial Practice: Facing New Procedural and Jurisdictional Questions

Andreas Zimmermann.

in Journal of International Dispute Settlement

November 2013; p ublished online September 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 9635 words.

2012 has seen a quite intensive judicial practice by the International Court of Justice. Yet, while the substantive aspects of the Court's decisions have attracted much attention, the novel...

Haircut Undone? The Greek Drama and Prospects for Investment Arbitration

Ioannis Glinavos.

in Journal of International Dispute Settlement

November 2014; p ublished online June 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11993 words.

As a result of the sovereign debt crisis that engulfed Europe in 2010, investors are much more likely to pursue dispute resolution options when faced with losses. This article seeks to...

Inequality of the Parties before the International Court of Justice: Reflections on the Appellate Jurisdiction over ILOAT Judgments

Christian Vidal-León.

in Journal of International Dispute Settlement

July 2014; p ublished online June 2014 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14553 words.

The recent advisory opinion of the International Court of Justice (the ‘Court’) concerning the validity of ILOAT Judgment No. 2867 has brought to the fore an often ignored aspect of the...

The Termination and Suspension of Bilateral Investment Treaties due to an Armed Conflict

Josef Ostřanský.

in Journal of International Dispute Settlement

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 15258 words.

The article looks at the protection of investment during armed conflicts from the perspective of the law of treaties. It assesses the impact that an armed conflict has on international...

Measure for Measure on Trial—A Shakespearean Mock Trial

Lorenzo Zucca and Lord Judge.

in Journal of International Dispute Settlement

March 2018; p ublished online August 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 10865 words.

ABSTRACT

Mock trials have been a privileged way to teach law for many years. They allow to convey to the students many subtleties in the workings of the law in...

Judicial Review of International Adjudicatory Decisions: A Cross-Regime Comparison of Annulment and Appellate Mechanisms

Freya Baetens.

in Journal of International Dispute Settlement

September 2017; p ublished online September 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14915 words.

ABSTRACT

The call for an appellate mechanism in international investment arbitration is located within a broader debate concerning judicial review of...