Oxford Index Search Results

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How Narrow are Narrow Dispute Settlement Clauses in Investment Treaties?

August Reinisch.

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. 30631 words.

The scope of jurisdiction of investment tribunals is a crucial question which often leads to protracted arguments in the course of regularly bifurcated arbitration proceedings. In recent...

The Distinction between Interpretation and Application of Norms in International Adjudication

Anastasios Gourgourinis.

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. 15370 words.

This article addresses the distinction between interpretation and application of international legal norms and argues that it constitutes an issue central to the theory and practice of...

Arbitration in Autumn

William W. Park.

in Journal of International Dispute Settlement

August 2011; p ublished online July 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 16291 words.

Often invoked as a metaphor for decline and decay, autumn also carries a sense of robust maturity bringing fruitful harvest and new beginnings. The season’s double symbolism evokes rival...

New Clothes for the Emperor? Consultation of Experts by the International Court of Justice

Caroline E. Foster.

in Journal of International Dispute Settlement

March 2014; p ublished online August 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 19453 words.

Calls for the International Court of Justice to be more ready to seek the advice of independent scientific experts under Article 50 of the Court’s Statute are gaining momentum following the...

Treaty Abuse—Why Criticism of the Doctrine is Unfounded

Ulf Linderfalk.

in Journal of International Dispute Settlement

May 2018; p ublished online October 2017 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 19829 words.

ABSTRACT

Although treaty abuse is an increasingly occurring element in international legal arguments, especially in the sphere of international economic law,...

Part III The Limitations and Role of the Persistent Objector Rule, 8 Maintaining Exemption: ‘Fundamental’ Norms and Extra-Legal Factors

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. 31 pages. 17671 words.

A notable minority critique of the persistent objector rule is that the rule is not supported by actual state practice. The first part of this book dismissed these critiques. This chapter...

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Part III The Limitations and Role of the Persistent Objector Rule, 9 The Role and Value of the Persistent Objector Rule

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. 35 pages. 19968 words.

This chapter examines the ‘role’ or ‘value’ of the persistent objector rule. Firstly, the chapter sets out and critiques the voluntarist conception of the persistent objector rule in more...

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Is Investor-State Arbitration ‘Public’?

José E. Alvarez.

in Journal of International Dispute Settlement

November 2016; p ublished online August 2016 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 24233 words.

The essay critiques prevailing descriptions of investor-state arbitration (ISDS) as a form of ‘public’ adjudication requiring exclusively ‘public law’ prescriptions for change. It is...

Looking for Legitimacy: Exploring Proportionality Analysis in Investment Treaty Arbitration

Erlend M. Leonhardsen.

in Journal of International Dispute Settlement

March 2012; p ublished online September 2011 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 24218 words.

The application of the principle of proportionality has become commonplace in international adjudication. However, scholars have to little extent examined its usage in investment treaty...

The Arbitral Role in Contractual Interpretation

Joshua Karton.

in Journal of International Dispute Settlement

March 2015; p ublished online January 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 20902 words.

This article considers the role of arbitrators in adjudicating the merits of international commercial disputes. It focuses, as a case study within this broader topic, on the interpretation...

Part II The Criteria for the Operation of the Persistent Objector Rule, 6 The Timeliness 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. 52 pages. 28498 words.

This chapter analyses the last criterion for the operation of the persistent objector rule, namely, timeliness. A common feature of all mainstream understandings of the rule is that a...

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