community
Overview page. Subjects: Social Sciences — Arts and Humanities.
Many sociological and anthropological definitions exist, but most tend to privilege some combination of small-scale, relative boundedness, strong affective ties, traditionalism, and...
The Role of Arbitration within Today's Challenges to the World Community and to International Law
in Arbitration International
June 2006; p ublished online October 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 5903 words.
Conceptions of Legitimacy of International Arbitration
in Practising Virtue
November 2015; p ublished online January 2016 .
Chapter. Subjects: Public International Law; Company and Commercial Law. 9957 words.
This chapter analyses how the concept of legitimacy is used inside and outside the international arbitration community. It first focuses on why the legitimacy discourse has emerged outside...
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Framework for an Analytical Account—Clarifying Terminology
in The Lex Mercatoria in Theory and Practice
January 2017; p ublished online March 2017 .
Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 13123 words.
This chapter makes terminological clarifications to develop the framework for the proposed account of the lex mercatoria. It argues that the ‘international business community’ should be...
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The Culture of Arbitration and the Defence of Arbitral Legitimacy
in Practising Virtue
November 2015; p ublished online January 2016 .
Chapter. Subjects: Public International Law; Company and Commercial Law. 4641 words.
This chapter considers the legitimacy of international arbitration. Responding to Jan Paulsson’s suggestion that all arbitrators should be appointed by an institution, not the parties, it...
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Addressing Sustainable Development Concerns through IIAs
in China's International Investment Strategy
February 2019; p ublished online April 2019 .
Chapter. Subjects: Company and Commercial Law; Public International Law. 8229 words.
The international communities are confronted with profound sustainable development challenges. International investment law, especially international investment agreements (IIAs), appears...
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UNCTAD’s Principles on Public Debt and the United Nations Convention against Corruption
in Sovereign Financing and International Law
October 2013; p ublished online January 2014 .
Chapter. Subjects: Company and Commercial Law; Public International Law. 11111 words.
Public indebtedness poses major challenges to the fight against corruption. This is so because -despite the severity, extent and length of its impact on the community- weaknesses in...
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The Sociology of International Investment Law
in The Foundations of International Investment Law
May 2014; p ublished online August 2014 .
Chapter. Subjects: Company and Commercial Law; Public International Law. 13761 words.
This chapter examines the interaction between international investment law (IIL) and human rights law, and the issue of precedent in investment treaty arbitration from a sociological...
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Framework for an Analytical Account—The ‘Autonomous’ Status of the Lex Mercatoria
in The Lex Mercatoria in Theory and Practice
January 2017; p ublished online March 2017 .
Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 11256 words.
This chapter examines the status of the lex mercatoria as autonomous law by discussing the concept of ‘a-national usage’. It is controversial whether the lex mercatoria is an autonomous...
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The Existing Accounts of the Lex Mercatoria
in The Lex Mercatoria in Theory and Practice
January 2017; p ublished online March 2017 .
Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 15849 words.
This chapter evaluates the key accounts of the lex mercatoria to select the most promising concept. Clive Schmitthoff adopted a wide view of the lex mercatoria and included all written...
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Conflicts Recognition of the Lex Mercatoria
in The Lex Mercatoria in Theory and Practice
January 2017; p ublished online March 2017 .
Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 11946 words.
This chapter makes proposals to increase the predictability of choosing the lex mercatoria as the governing law by relying on the proposed theoretical model. It argues that ‘voie directe’...
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The Lex Mercatoria in Theory and Practice
January 2017; p ublished online March 2017 .
Book. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 368 pages.
The book engages in the debate about the so-called ‘lex mercatoria’ by offering a theoretically justified and pragmatic account. It tests the proposition that the lex mercatoria is a...
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Public Policy in International Economic Law
February 2015; p ublished online April 2015 .
Book. Subjects: Public International Law; Company and Commercial Law. 448 pages.
States rejected inequality when they chose to ratify the International Covenant on Economic, Social, and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in...
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Investor–State Dispute Settlement Under the Transatlantic Trade and Investment Partnership: Have the Negotiations Run Aground?
in ICSID Review - Foreign Investment Law Journal
February 2015; p ublished online November 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 4043 words.
ICSID and the Right to Water: An Ingredient in the Stone Soup
in ICSID Review - Foreign Investment Law Journal
May 2014; p ublished online April 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 4976 words.
This article analyses the intersection between international investment rights and the international human right to water. Specifically, it focuses on four disputes at the International...
The Admissibility of Evidence in ICSID Arbitration: Considering the Validity of WikiLeaks Cables as Evidence
in ICSID Review - Foreign Investment Law Journal
February 2015; p ublished online December 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 5631 words.
This article examines the admissibility of WikiLeaks diplomatic cables as evidence in international arbitral tribunals. Following the ICSID Tribunal's recent Decision in ConocoPhillips v...
Maxwell Lecture
in ICSID Review - Foreign Investment Law Journal
February 2015; p ublished online December 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 4237 words.
Building International Investment Law: The First 50 Years of ICSID
in ICSID Review - Foreign Investment Law Journal
October 2016; p ublished online October 2016 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 9548 words.
Ambiente Ufficio SpA and others v Argentine Republic
in ICSID Review - Foreign Investment Law Journal
February 2014; p ublished online January 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 2586 words.
The Multifaceted Settlement of International Investments Disputes
in ICSID Review - Foreign Investment Law Journal
October 2014; p ublished online June 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 18016 words.
Mediation in Investor–State Dispute Settlement: Government Policy and the Changing Landscape
in ICSID Review - Foreign Investment Law Journal
February 2014; p ublished online December 2013 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 6723 words.
