Resource Reserve
Overview page. Subjects: Environmental Science.
An IUCN Management Category (VI) for protected areas, which is designed ‘to protect resources of the area for future use and prevent or contain development activities that could affect the...
Model Clauses for the Use of the Unidroit Principles of International Commercial Contracts
in Uniform Law Review
December 2013; p ublished online October 2013 .
Journal Article. Subjects: Private International Law and Conflict of Laws. 5695 words.
Contracting in global supply chains and cooperative remedies
in Uniform Law Review
August 2015; p ublished online August 2015 .
Journal Article. Subjects: Private International Law and Conflict of Laws. 23369 words.
Contractual relationships may have different content and functions depending on whether the enterprises operate in global open markets or in ‘close’ global supply chains (GSCs). GSCs are...
Billion-dollar questions? Legal aspects of commercial space activities
in Uniform Law Review
June 2018; p ublished online May 2018 .
Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 14541 words.
Abstract
Currently, several well-funded companies in the USA are in the process of developing long-term missions to asteroids to harvest mineral resources that...
Transnational commercial law and natural resources: overview of the ninth Transnational Commercial Law Teachers’ Meeting
in Uniform Law Review
June 2018; p ublished online April 2018 .
Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 7942 words.
Toward a harmonized framework for international regulation of renewable energy
in Uniform Law Review
June 2018; p ublished online May 2018 .
Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 10633 words.
Abstract
This article explores ways in which there may be some coherence in the international framework for renewable energy. It proposes harmonization of this...
From ALI–Unidroit Principles to common European rules on access to information and evidence? A preliminary outlook and some suggestions
in Uniform Law Review
June 2014; p ublished online May 2014 .
Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 28600 words.
Part IV Judicial Responses, 32 Terrorism and Counter-Terrorist Responses
in Counter-Terrorism
January 2012 .
Chapter. Subjects: Private International Law and Conflict of Laws; Public International Law; International Law; Law. 35 pages. 18619 words.
Go to » abstract
The Hybrid Foundations of Investment Treaty Arbitration
Journal Article. Subjects: Private International Law and Conflict of Laws; International Law; Arbitration; Law. 74800 words.
This article analyses several aspects of the law applicable to the procedure of investment treaty arbitration, which are then applied to the specific question of the governing legal regime...
Go to » abstract
Foreign Investment, Development and Governance
in Journal of International Dispute Settlement
March 2016; p ublished online December 2015 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11745 words.
Academic and policy debates about investment treaties are premised on assumptions about the benefits of foreign investment. There is a rich and sophisticated body of empirical literature...
Enforcing Pacta Sunt Servanda? Conoco-Phillips and Exxon-Mobil Versus the Bolivarian Republic of Venezuela
in Journal of International Dispute Settlement
November 2014; p ublished online May 2014 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 19956 words.
In 2007, the government of Venezuela decided to re-structure certain oil projects, known as Associations, so as to bring them in line with the 2001 Hydrocarbons Law. In response, ExxonMobil...
Biwater Gauff (Tanzania) Limited v Tanzania, Procedural Order No 5 (Amicus Curiae), ICSID Case No ARB/05/22, IIC 32 (2007), 2nd February 2007, International Centre for Settlement of Investment Disputes [ICSID]
Legal Material. Subjects: Private International Law and Conflict of Laws; Public International Law; International Law; Arbitration; Law. 8604 words.
What the test was for non-disputing parties to intervene in proceedings.
Whether non-disputing parties could participate in oral hearings and have access to documents.
Go to » abstract
A Fuller Concept of Law Beyond the State? Thoughts on Lon Fuller’s Contributions to the Jurisprudence of Transnational Dispute Resolution—A Reply to Thomas Schultz
in Journal of International Dispute Settlement
August 2011; p ublished online August 2011 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 4610 words.
This article comments on Thomas Schultz’s argument that, if we want to think of international arbitration as a separate legal order, then we should submit it to some of the usual criteria...
Philosophical-Policy and International Dispute Settlement: Process↹Principle and the Ascendance of the WTO's Concept of Justice
in Journal of International Dispute Settlement
March 2012; p ublished online December 2011 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 15468 words.
Philosophical-policy and legal design is an approach to dispute settlement that transcends positivism and legal realism through the integration of legal practice with philosophical method...
Judicial Restraint in Investment Treaty Arbitration: Restraint Based on Relative Suitability
in Journal of International Dispute Settlement
March 2014; p ublished online January 2014 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 21373 words.
This article examines how investment treaty arbitrators characterized their role in relation to other adjudicative forums. The discussion seeks to address situations in which the...
Pulp Mills on the River Uruguay, Argentina v Uruguay, Order, Provisional Measures, ICJ GL No 135, [2006] ICJ Rep 113, (2006) 45 ILM 1025, ICGJ 2 (ICJ 2006), 13th July 2006, International Court of Justice [ICJ]
Legal Material. Subjects: Private International Law and Conflict of Laws; International Responsibility; Public International Law; International Law; Law. 18332 words.
Whether Argentina would suffer irreparable social, economic, and environmental harm if Uruguay were permitted to continue plans to build two pulp mills on the boundary river between the two...
Go to » abstract
Towards a New Heuristic Model: Investment Arbitration as a Political System
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. 15049 words.
In this introduction to the Special Issue ‘Empirical Studies on Investment Disputes’, we offer a new heuristic model to structure the thinking about investment arbitration. Investment...
Moral Damages in Investment Arbitration: A Role for Human Rights?
in Journal of International Dispute Settlement
July 2012; p ublished online April 2012 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 17651 words.
Reparations for moral damages remain an uncertain area of arbitral law and practice. Despite clear principles governing compensation for moral injury in international law, arbitral...
The Abyei Arbitration and the Use of Arbitration to Resolve Inter-state and Intra-state Conflicts
in Journal of International Dispute Settlement
August 2010; p ublished online September 2010 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 12181 words.
Starting from the experience of the so-called Abyei Arbitration—which concerned Sudan’s highly political and emotive situation of the delimitation of the country’s oil-rich Abyei region—the...
In Accordance with Which Host State Laws? Restoring the ‘Defence’ of Investor Illegality in Investment Arbitration
in Journal of International Dispute Settlement
November 2014; p ublished online July 2014 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 14802 words.
Many bilateral investment treaties include provisions to the effect that investors must comply with host state law. These clauses provide an important mechanism for host states to ‘defend’...
New Clothes for the Emperor? Consultation of Experts by the International Court of Justice
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...
