Search results “Principles international investment law”
International Investment Law - Online short course
Get to grips with the theoretical principles of international investment law – and the challenges it presents in practice. Learn from experienced international lawyers at a top 10 UK law school and specialists practising in the field of international trade law. Capitalise on growing career opportunities for lawyers working in private practice, corporate sector or government organisation anywhere in the world – with all the advantages of distance learning wherever you are located. Find out more: https://www.abdn.ac.uk/study/online/short-courses/international-investment-law.php
International Investment Arbitration: Substantive Principles
BOOK REVIEW INTERNATIONAL INVESTMENT ARBITRATION Substantive Principles Second Edition By Campbell McLachlan QC, Laurence Shore and Matthew Weiniger QC ISBN: 978 0 19967 679 8 Oxford University Press www.oup.com OF INTEREST TO INTERNATIONAL LAWYERS AND ARBITRATORS: THE LATEST ARBITRATION TITLE FROM OUP -- NOW IN A NEW SECOND EDITION An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Ten years ago, the first edition of this book was the first volume published as part of the then new Oxford Arbitration Series from the Oxford University Press under the editorship of Loukas Mistrelis. Ten years later, what has come to regarded as the authoritative, if not the definitive legal text on international investment arbitration, has been published in a new edition researched and written collaboratively by the three expert authors, each an authority in specific aspects of this rapidly developing field. It is interesting, not to mention reassuring, that they hail respectively from Herbert Smith, Linklaters and Victoria University of Wellington Law School which provided a helpful research grant. They are keen to point out that in 2008, the first edition of this text was described by the judges of the JF Northey Memorial Book Award as ‘a lucidly written text… that will undoubtedly attain international standing.’ Well, it certainly is, you might say – and it certainly has – and the changes made to this new edition offer ample evidence of the speed at which investment arbitration has developed over the last decade, during which time, say the authors, a whole new field of scholarship has emerged. What the book aims to do is to provide ‘a dispassionate analysis of the key substantive principles applicable in investment arbitration’ with a view to assisting disputing parties and their advisors, as well as academics and just possibly, the general public. But this is no mere update, says the series editor. In his preface to this latest edition, he commends the authors for taking account of the substantial developments in this field, both positive and negative, including ‘the emergence of new international treaties.’ He refers quite frankly to the ongoing debate as to the legitimacy of investment arbitration, referring to the so-called backlash. But whatever opinions or attitudes are entertained by the book’s potential readership, the authors tackle this sometimes controversial subject with laudable objectivity. There’s certainly no doubt that the book excels as a research resource. Note the extensive footnoting and check out the eight-page bibliography listing books, reports and articles. And luckily for practitioners and scholars, the book is logically structured and easily navigable. There’s a minutely detailed table of contents, a twenty-seven page index and no less than thirteen appendices, consisting mainly of international treaties and agreements ranging from, for example, the North American Free Trade Agreement … Chapter 11 of the ICSID convention… and finally, World Bank Guidelines on the Treatment of Foreign Direct Investment. Illuminating a complex subject with thoroughness and clarity, this new edition of ‘International Investment Arbitration’ will be welcomed by international lawyers and arbitrators specialising in this field. The publication date is cited as at 2017.
Views: 209 Phillip Taylor
International Trade Law and International Investment Law
International trade law and international investment law are largely contained in separate but overlapping legal regimes, but both share the general objectives of providing security and predictability to economic agents and increasing world prosperity by reducing barriers to international flows of goods, services, and investment. This panel will consider whether the international trade and investment law dichotomy appears increasingly anachronistic, or whether each regime is maturing according to complementary principles. Is there a need for greater coherence?
Views: 8035 asil1906
Campbell McLachlan discusses International Investment Arbitration
Author Campbell MacLachlan of "International Investment Arbitration: Substantive Principles", discusses the field and the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. Learn more: http://bit.ly/2eMg8Xz © Oxford University Press
Recalibrating International Investment Law
Keynote address from the "Reforming International Investment Law: Opportunities, Challenges, Paradigms" conference at Boston College Law School. Speakers Chair: Prof. Sebastian Lopez Escarcena, Pontifical Catholic University of Chile Keynote Speaker: Eric de Brabandere, "Recalibrating international investment law - The Communicating Vessels of Investment Protection and Investor Obligations"
Views: 505 BC Law
3.3 Introduction to Investor  State Arbitration
This lecture is by Yannick Radi, an Assistant Professor of International Law and a fellow at the Grotius Centre for International Legal Studies and Leiden Law School. Do you want to learn more and practice with the content? You’ll find this online university course for free at coursera.org This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/by-nc-sa/3.0/nl/deed.en_US). Contact: [email protected]
Canadian Investment Law and Policy in a Global Context: Are we getting it right?
CIGI, in partnership with the University of Ottawa's Faculty of Law and the University of Bern's World Trade Institute, hosted a public panel on Canada's foreign investment policy on April 30, 2015. The discussion focused on understanding the options and challenges for Canada in developing an effective foreign investment policy and helping to inform public debate in Canada on these critical issues. Panelists Eugene Beaulieu, Eugene Beaulieu, Professor of Economics, University of Calgary Howard Mann, Senior International Law Advisor, International Institute for Sustainable Development David Schneiderman, Professor of Law, University of Toronto John Weekes, Senior Business Advisor, Business and Government International Trade Issue and Policy Advisor at Bennett Jones Ottawa Moderator Oonagh Fitzgerald, Director of the International Law Research Program at CIGI
Dr Lorenzo Cotula - International Investment Law from a Global Environmental Law Perspective
Symposium on Global Environmental Law The symposium aimed to discuss whether and to what extent emerging concepts in global environmental law can help shed new light on the evolution and challenges of environmental law across different levels and sectors. The symposium considered the need for a future research agenda for environmental law scholarship, and the form those directions might take, including theoretical and methodological agendas.
Views: 131 Strathclyde SCELG
Seminar: The Ne Ultra Petita Principle and International Investment Arbitration - Part 1
Wilmer Cutler Pickering Hale and Dorr LLP and the Investment Treaty Forum at the British Institute of International and Comparative Law (BIICL) on 25 Jan 2018 presented a seminar on the subject of “The ne ultra petita principle and international investment arbitration”. Speakers: Professor Attila Tanzi, Chair of International Law at the University of Bologna, Sir Franklin Berman KCMG QC of Essex Court Chambers and Maurice Mendelson QC of Blackstone Chambers Discussion Chair: Dr. Daniel Costelloe of Wilmer Cutler Pickering Hale and Dorr
International Investment Law: Section B - International Efforts to regulate foreign investment
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 1038 PGLawsUoL
PIEL UK Conference 2013 - Surya Subedi - International Investment Law
PIEL UK Conference 2013, 15 March 2013 - Development or Land Grabbing? legal challenges to the global land rush. Keynote Speaker 'International Investment Law: Reconciling Policy and Principle': Prof. Surya Subedi, OBE (University of Leeds)
Views: PIEL UK
International Investment Law: Section A - Evolution of the Law of foreign investment
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 2654 PGLawsUoL
LAWSG088: International Law of Foreign Investment // Dr Martins Paparinskis
International law of foreign investment protection, expressed in international treaties and customary law obligations and largely implemented through investor-State arbitration, disciplines and structures the manner in which States treat foreign investments and investor. This module deals with all the relevant aspects of the discipline, including its scope, content of the substantive obligations and exceptions, procedure of investor-State dispute settlement, and conceptual questions raised by the relationship between investment law and other regimes and values in international law. Find out more about this module at: http://www.laws.ucl.ac.uk/study/graduate/llm-programme/llm-taught-modules/lawsg088/
Views: 604 UCL LAWS
What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean? INTERNATIONAL TRADE LAW meaning - INTERNATIONAL TRADE LAW definition - INTERNATIONAL TRADE LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International Trade Law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments have become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is an important part of the WTO activities, this latter branch of law is now a very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of “international legislation” and new lex mercatoria, regulating relations in international trade. “International legislation” – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria - "the law for merchants on land". Alok Narayan defines "lex mercatoria" as "any law relating to businesses" which was criticised by Professor Julius Stone. and lex maritima - "the law for merchants on sea. Alok in his recent article criticised this definition to be "too narrow" and "merely-creative". Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. In 1995, the World Trade Organization, a formal international organization to regulate trade, was established. It is the most important development in the history of international trade law. The purposes and structure of the organization is governed by the Agreement Establishing The World Trade Organization, also known as the "Marrakesh Agreement". It does not specify the actual rules that govern international trade in specific areas. These are found in separate treaties, annexed to the Marrakesh Agreement. Scope of WTO : (a) provide framework for administration and implementation of agreements; (b) forum for further negotiations; (c) trade policy review mechanism;and (d) promote greater coherence among members economics policies Principles of the WTO: (a) principle of non-discrimination (most-favoured-nation treatment obligation and the national treatment obligation) (b) market access (reduction of tariff and non-tariff barriers to trade) (c) balancing trade liberalisation and other societal interests (d) harmonisation of national regulation (TRIPS agreement, TBT agreement, SPS agreement) The General Agreement on Tariffs and Trade(GATT) has been the backbone of international trade law since 1948 after the charter for international trade had been agreed upon in Havana. It contains rules relating to "unfair" trading practices — dumping and subsidies. Many things impacted GATT like the Uruguay Round and the North American Free Trade Agreement.
Views: 7997 The Audiopedia
International Economic Law Part I: Introduction
Foreign Investment: An Introduction to the Evolving International Investment Regime by Mr. José E. Alvarez
Views: 296 The Future Of
Integrating human rights in international investment - UN Forum on Business and Human Rights
2013 UN Forum on Business and Human Rights, 2-4 December Parallel panel: Integrating human rights in international investment policies and contracts Multistakeholder panel followed by interventions from the floor Chaired by Andrea Saldarriaga, Vale Columbia Center on Sustainable International Investment Multistakeholder panel • Renato Torres, Government of Ecuador • Zachary Douglas, Graduate Institute Geneva • Viviane Schiavi, International Chamber of Commerce Commentators: • Samuel Nguiffo, Center for Environment and Development • Elisabeth Tuerk, UN Conference on Trade and Development Expected outcome: Identify key challenges and opportunities for integrating human rights in international investment policies and practices and steps to be taken by States, business and others
Views: 1117 UN Human Rights
International Investment Arbitration - Online short course
Get to grips with procedural issues in investor-state arbitration when disputes occur in international investment agreements. Learn from highly-qualified lawyers at a top UK law school, and experts practising in the fast-moving and topical field of international arbitration. Take advantage of growing career opportunities for lawyers working in private practice, corporate sector or government organisations anywhere in the world – with all the advantages of distance learning wherever you are located. Find out more: https://www.abdn.ac.uk/study/online/short-courses/international-investment-arbitration.php
International Investment Law: Section D - The case-law on the treatment of foreign investment.
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 1170 PGLawsUoL
Prof. Dr. Joongi Kim - Application of Estoppel Principles in Int. Investment Arbitration Tribunals
الجلسة الرابعة التحكيم المؤسسي في تسوية المنازعات بين الدول والمستثمرين Session 4 : Institutional Arbitration and the Settlement of Investor-State Disputes تطبيق مبدأ المنع القانوني من قبل هيئات التحكيم في منازعات الاستثمار الدولية سعادة أ. د. كيم جونجي، أستاذ القانون بجامعة يونسي، كوريا الجنوبية The application of Estoppel Principles in International Investment Arbitration Tribunals - Prof. Dr. Joongi Kim, Professor of Law, Yonsei Law School, Korea
LAWS0088: International Energy Law // Dr Danae Azaria
This module examines the legal regulation of international energy activities. It is divided into five parts. Part I provides a solid foundation in the general international law concepts and principles applicable to energy and natural resource activities, including permanent sovereignty over natural resources and sustainable development. The extent to which the key actors engaged in energy activities are subject to international regulation is also examined, including the rules of international law governing state responsibility and the exercise of state jurisdiction over energy and natural resources activities. Given the extent of private sector involvement in these activities, the protection of foreign direct investment and the responsibility of States for expropriation is examined in Part II. Energy trade is also covered in this part, including under both the Energy Charter Treaty and the WTO. Part II ends with a the examination of the laws of armed conflict and how they apply to energy activities, and a cross-sectoral look at energy security issues ranging from piracy, hostage-taking and security of supply in times of international emergency. Part III examines the international legal regulation of specific energy and natural resources sectors, in particular the oil and gas, and renewable sectors with detailed discussion of the rules concerning offshore exploitation. The unique features of the legal regimes, which have been developed to support the development of transboundary oil and gas fields, are highlighted in this part, along with rules for the protection of the environment in a transboundary context. Part IV examines the complex interplay of different interests and actors in activities in the energy sector, and includes a case study of transboundary pipelines development to illustrate, inter alia, the complex interplay of human rights, environment and other factors. It also identifies the actors involved (including international financial institutions such as the World Bank) and the remedies available to affected individuals and groups. This links to the accountability of non-state actors – including multinational enterprises - and international institutions for the environmental, human rights, and other consequences of their energy and natural resources activities.
Views: 2926 UCL LAWS
International Economic Law Introduction
Professor Surya Subedi introduces the International Economic Law course. International Economic Law Modules:  Module A: Evolution and principles of international economic law  Module B: International monetary and development law and policy  Module C: Regulation of foreign investment  Module D: Public international law of trade Find out more about this course here: http://www.londoninternational.ac.uk/courses/postgraduate/llm-postgraduate-laws-llm-postgraduate-diploma-postgraduate-certificate#structure Find out more about the course convenor Professor Surya Subedi: http://www.law.leeds.ac.uk/people/staff/subedi/
Alberto.  International investment
International investment law is the body of international law that regulates the relationship between a state and a foreign investor. It is mainly based on treaties: there are nowadays approximately 3000 investment treaties. It is part of public international law, but dispute settlement occurs mainly through commercial arbitration, either UNCITRAL, ICSID, PCA or other arbitration rules. This field of law is very chaotic: the multiplicity of treaties and forums make impossible any legal certainty.
Book launch: „Principles of International Economic Law" - Matthias Herdegen
Book launch: "Principles of International Economic Law" at the Max Weber lecture room of the Käte Hamburger Centre for Advanced Study "Law as Culture" on the 14.05.2013 at 4:00 pm Book launch: "Principles of International Economic Law" Presentation of the book "Principles of International Economic Law" by Professor Dr. Matthias Herdegen (Oxford University Press). In his book "Principles of International Economic Law" published at Oxford University Press last January, Matthias Herdegen offers a comprehensive overview of the central topics in international economic law, with an emphasis on the link between legal developments and their political, economic and social background. Professor Herdegen analyzes central topics of international economic law ranging from WTO law to investment protection, commercial law and monetary law in context with human rights, environmental protection, good governance, and the needs of developing countries. Furthermore, Matthias Herdegen investigates the interplay between the different economic and political interests on both the international and domestic levels. He puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. Yet how is this meshwork of normative orders affected by the fact that we live in a global world that is pervaded by legal cultures of various provenance with different basic assumptions and differences even regarding the concept of law itself? Professor Dr. Dr. Rudolf Dolzer (Bonn, Institute of Public International Law) will present the book. The presentation of the book will be followed by a discussion on the topic "International Economic Law and Diversity of Legal Cultures". Invited to provide commentary and participate in the discussion are Professor Dr. Erika de Wet (Co-Director of the Institute for International Law and Comparative Law in Africa at the University of Pretoria, South Africa, Professor for International Constitutional Law at the University of Amsterdam, Netherlands and lecturer at the Faculty of Law of the University of Bonn) as well as Pravin H. Parekh (New Delhi, Senior Advocate at the Supreme Court of India). Further, Merel Alstein, Associate Editor at Oxford University Press, will offer some words of welcome to those in attendance. Matthias Herdegen is Director of the Institute of Public Law (Institut für Öffentliches Recht) and Director at the Institute of Public International Law (Institut für Völkerrecht) of the University of Bonn. His main research interests lie, inter alia, in the fields of constitutional law, European law, international business law, international law and biotechnology law. Since October 2012, Matthias Herdegen is Fellow at the Käte Hamburger Centre for Advanced Study "Law as Culture". ___________________________________________________ Das Käte Hamburger Kolleg „Recht als Kultur" lädt ein im Rahmen des „Forum Recht als Kultur" zum Book Launch: International Economic Law and Diversity of Legal Cultures zum neu erschienenen Werk von Prof. Dr. Matthias Herdegen: Principles of International Economic Law (Oxford University Press) 14. Mai 2013, 16.00 Uhr im Max Weber-Vortragsraum des Käte Hamburger Kollegs „Recht als Kultur 16.00 Begrüßung und Einführung durch den Direktor des Kollegs Prof. Dr. Werner Gephart 16.20 Grußwort Merel Alstein (Oxford University Press) Vorstellung des Werkes 16.30 Prof. Dr. Rudolf Dolzer: Legal Patterns of Globalization: Finance, Trade and Investment Kommentare zum Werk 17.15 Prof. Dr. Erika de Wet: Challenges to Dispute Settlement in the Southern African Development Community/SADC 18.00 Pravin H. Parekh: The need for a consistent administration of justice in domestic and international law 18.45 Die Perspektive des Autors: Diskussion mit Prof. Dr. Matthias Herdegen ______________________________________________________ www.law-as-culture.com - www.recht-als-kultur.de
Views: 3863 Law as Culture
Marc Bungenberg on Investment Law Protection
Evolution of Investment Law Protection as Part of a General System of National Resources Sovereignty? Prof. Dr. Marc Bungenberg, Siegen International Conference on Permanent Sovereignty over Natural Resources ‐ Development of a Public International Law Principle and Its Limits on 29 and 30 January 2013 at Haus Patmos in Siegen.Das Forschungskolleg „Zukunft menschlich gestalten" der Universität Siegen basiert auf einer gemeinsamen Initiative der Universität Siegen, des Landes Nordrhein-Westfalen und der Stiftung Zukunft der Sparkasse Siegen. Es ist das Ziel des Forschungskollegs, die interdisziplinäre und fächerübergreifende Forschung an der Universität Siegen zu Zukunftsfähigkeit und der Zukunftsgestaltung zu fördern und deren internationale Vernetzung voranzutreiben. Dabei basiert das Kolleg auf der Erkenntnis, dass die Gestaltung einer menschenwürdigen und nachhaltigen Zukunft es erfordert, die Grenzen der herkömmlichen Fachdisziplinen zu überschreiten. Mit dem Leitthema „Zukunft menschlich gestalten" werden die nachhaltige Sicherung der Zukunftsfähigkeit und die Gestaltung einer menschlichen und damit lebenswerten Zukunft als ethische Aufgabe betont. Die Erhaltung der Zukunftsfähigkeit setzt die Bewahrung der natürlichen und geschaffenen Lebensgrundlagen voraus, während zugleich durch die zunehmende Vernetzung die Anfälligkeit der Menschheit für natürliche und menschgemachte Umwelt-, Technik und Sicherheitsrisiken steigt. In einer durch zunehmende Dezentralisierung und Heterogenität gekennzeichneten Welt bedeutet dies nicht nur die Anpassung an rapide Veränderungsprozesse, sondern auch die aktive soziale, politische, ökonomische und technische Innovation.
Views: 441 Forschungskolleg
General Principles of Law and International Due Process
Charles Kotuby counsels both private clients and sovereign states in complex global disputes. His U.S.-based practice is focused on government regulation and federal appeals. He has authored briefs in more than a dozen cases before the U.S. Supreme Court and has argued cases concerning federal statutory and constitutional issues before the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits. Mr. Kotuby’s global practice is focused on international litigation, commercial and investment arbitration. He has counseled clients in both common and civil law systems, and frequently deals with novel issues of public and private international law. Mr. Kotuby has appeared as counsel in international matters before the U.S. Supreme Court and the Court of Justice of the European Union, and before ICSID and UNCITRAL tribunals. He regularly advises energy and mining clients on investment protections in Latin America, Africa, Southeast and Central Asia, and on maritime issues under the United Nations Convention on the Law of the Sea (UNCLOS). Luke Sobota was previously a partner in the Global Disputes practice group of a leading international law firm. Highlights of his work at Three Crowns include leading the firm’s work for Chevron in its international dispute with Ecuador, including in the pending $9.5 billion UNCITRAL treaty arbitration. Mr. Sobota has also been spearheading a multi-billion-dollar contractual arbitration before the ICC in New York, and has been actively involved in several ICSID investor-state arbitrations involving claims of breach of contract, expropriation, and denial of justice. He also has been advising two sovereign clients on issues of public international law concerning border disputes. He previously worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared formal legal opinions for executive branch officials on a range of constitutional, international, and administrative law issues. He has successfully argued cases in U.S. appellate courts and briefed several cases in the U.S. Supreme Court. He teaches a course on global sovereign disputes at American University and is currently writing a monograph on general principles of international law for Oxford University Press. He earned his law degree from the University of Chicago Law School, after which he clerked for the late Chief Justice of the U.S. Supreme Court, William H. Rehnquist.
How can I protect my international investments?
In this video, Hussein Haeri a partner at Withers, discusses the options available to protect your international investments. Until relatively recently, the means for you to protect your investments from political risk of state interference were very limited. But there is now another means of political risk protection which will be far more effective in many cases, which are investment treaties. These treaties give foreign investors rights of protection from the states in which they invest and in this video, Hussein discusses the merits and whether investment treaty protection is right for you. If you'd like further information on how we can advise on investment treaty protection, please get in touch by emailing [email protected] or alternatively, please visit: http://www.withersworldwide.com/practice-areas/investment-treaty-arbitration--3
Views: 639 Withersworldwide
Panel II: Procedural Principles of International Water Law
Panel II: Procedural Principles of International Water Law and the Resolution of Transboundary Freshwater Disputes - Chair: Prof. Jutta Brunnée (University of Toronto) - Speakers: Prof. Attila Tanzi (University of Bologna), Prof. Owen McIntyre (University College Cork), Judge Awn Al-Khasawneh (Doughty Street Chambers) More information: www.mpi.lu/news-and-events/latest-news/detail/detail/international-conference-a-bridge-over-troubled-waters-dispute-resolution-in-the-law-of-internati/
International Investment and Alternative Dispute Resolution Conference
Introductions by Dean Rod Smolla, Professor Susan Franck, and UNCTAD's Anna Joubin-Bret, followed by the keynote address from Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School.
Views: 948 wlulaw
National treatment (LAW)
Views: 1310 Vidya-mitra
Professor Markus Wagner: International Dispute Resolution
This lecture was organised as part of the King's Forum on International Dispute Resolution Lecture Series at The Dickson Poon School of Law International trade law and international investment law have traditionally been regarded as separate legal fields. This is no longer the case: it is becoming increasingly apparent that the two fields share a number of characteristics. The dispute over plain packaging of cigarettes made clear that tribunals concerned with international trade law and international investment law have to address the question of how much regulatory autonomy governments have under the respective treaty regimes. Finding the proper balance between liberalizing trade and promoting investment on one hand and providing governments the required regulatory autonomy while limiting abuse on the other, is an important task for international economic law in the future. This project uses the experience of international trade law as a matrix for a potential future development of international investment law and shows how the parallel though temporally shifted development is important for states in that they are more easily able to predict the viability of future regulatory decisions. Professor Markus Wagner joined Warwick Law School in 2016 from the University of Miami. He graduated from the Faculty of Law at the University of Giessen in 2002 and a master's degree in international law in 2005. From 2002 to 2005, he worked at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, during which time he also served as legal counsel for the Permanent Mission of Germany to the United Nations in New York. In 2006, he graduated from Stanford Law School with an LL.M. degree. Professor Wagner subsequently clerked for then-President of the Supreme Court of Israel Aharon Barak and starting in 2007 worked for the Brussels office of WilmerHale. Professor Wagner currently serves as the Associate Editor for the Journal of World Investment and Trade (JWIT) and sits on the advisory boards of the International Journal of Law in Context and Göttingen Journal of International Law (GoJIL). In addition, he is Secretary of the Executive Council of the Society of International Economic Law (SIEL) and a past co-chair of the Junior International Law Scholars Association (JILSA). Professor Wagner has advised international organizations and has presented at academic conferences in the areas of autonomous weapons under international law and international economic law. He was recently appointed as Visiting Research Fellow at the Mandela Institute at the Oliver Schreiner School of Law, University of the Witwatersrand in Johannesburg. He has held visiting professor positions at the Universidad Externado de Colombia in Bogota, the Universidad Los Andes in Bogota, the Max Planck Institute for Comparative Public Law and Public International Law in Heidelberg, the Center for Teaching and Research of WTO Disputes at the Southwest University of Political Science and Law in Chongqing and the law faculties at the University of New South Wales in Sidney, the University of Leipzig, the University of Hamburg and the Fundacao Getulio Vargas in Sao Paulo.
Views: 547 KCL Law
BITS, BATs and Buts - Reflections on International Arbitration
On April 16, 2014, Bok Professor Gary Born returned to the University of Pennsylvania Law School for a talk on some of the latest developments in the field of international arbitration. Specifically, his lecture outlined a new form of international dispute resolution—"bilateral arbitration treaties" (or "BATs")—which would provide for the resolution of international commercial disputes by arbitration. Professor Born placed the proposed BAT dispute resolution mechanism in its historical perspective, focusing in particular on parallels with bilateral investment treaties ("BITs"), and will also discuss the potential objections to his proposal ("Buts...").
Views: 91 Afryea Cox
International Environmental Law  Introduction
Professor Malgosia Fitzmaurice introduces the International Environmental Law course. International Environmental Law Modules: • Module A: General aspects of international environmental law 1 • Module B: General aspects of international environmental law 2 • Module C: Particular subjects of international environmental law I • Module D: Particular subjects of international environmental law II Find out more about this course here: http://www.londoninternational.ac.uk/courses/postgraduate/llm-postgraduate-laws-llm-postgraduate-diploma-postgraduate-certificate#structure Find out more about the course convenor Professor Malgosia Fitzmaurice: http://www.law.qmul.ac.uk/staff/fitzmaurice.html
Debacles IV. International Economic Law
http://www.mpi.lu/news-and-events/debacles-illusions-and-failures-in-the-history-of-international-adjudication/news/ International conference: “DEBACLES – Illusions and Failures in the History of International Adjudication” On 24-25 November 2016, the Max Planck Institute Luxembourg for Procedural Law hosted the Conference “DEBACLES – Illusions and Failures in the History of International Adjudication”, a milestone of the research project on failed international courts and tribunals currently pursued in the Department of International Law and Dispute Resolution. Against the backdrop of the post-Cold War rise of international adjudication, the DEBACLES project, inaugurated in 2015, aims to cast an unconventional light on the history of international adjudication, bringing to the foreground its many illusions and failures, the paths not taken and, more generally, the nonlinearity of its developments. During the two-day conference, 27 seven speakers took the floor under the chairmanship of 6 renowned scholars. The speakers engaged with specific failed attempts to create and operate international judicial forums, as well as with broader historical and theoretical issues related to such failures. First among these was the clarification of the very concept of ‘failure’ and the identification of its subjective and objective dimensions. The conference offered a rich inventory of cases of failure arranged in two methodological panels (History and Theory) and four thematic panels on — respectively — Human rights, International economic law, Regional international organisations, and International criminal law. Prominent and outwardly thriving institutions — including the International Court of Justice, the Court of Justice of the European Union and the International Centre for Settlement of Investment Disputes (ICSID) — were examined along with lesser-known or almost forgotten ones. In the International Economic Law panel, chaired by Prof. Hélène Ruiz Fabri, Prof. Emanuel Castellarin told the story of forgotten International Loans Tribunal. Prof. Nikitas E. Hatzimihail put the spotlight on the contradictions of investment arbitration in the Cold War Middle East. Ksenia Polonskaya showed in what sense the ICSID may be said to suffer from a genetic disease. Yuliya Chernykh explained the causes of the decline of the so called “umbrella clauses” in investment arbitration. Chair: Prof. Hélène Ruiz Fabri Prof. Emanuel Castellarin - The International Loans Tribunal That Never Was Prof. Nikitas Hatzimihail - Of Debacles and Crises: ‘De-colonisation’ Meets Investment Arbitration in the Cold War Middle East Ksenia Polonskaya - Does the ICSID Suffer from a Genetic Disease? Yuliya Chernykh - Fold Down Umbrellas! The Debacle of the Umbrella Clause in Investment Arbitration
Bonnitcha: A Solution in search of a problem
Jonathan Bonnitcha discusses key issues and conclusions from his new book, Substantive Protection under Investment Treaties: a Legal and Economic Analysis (Cambridge University Press 2014). To learn more, other recommended readings on this topic include: Emma Aisbett, Larry Karp and Carol McAusland, ‘Compensation for Regulatory Taking in International Investment Agreements: Implications of National Treatment and Rights to Invest’ (2010) 1 Journal of Globalization and Development 1 Jonathan Bonnitcha and Emma Aisbett, ‘An Economic Analysis of the Substantive Protections Provided by Investment Treaties’ in Sauvant K (ed), Yearbook on International Investment Law & Policy 2011–2012 (Oxford University Press 2013) Joseph Stiglitz, ‘Regulating Multinational Corporations: Towards Principles of Cross-Border Legal Frameworks in a Globalized World Balancing Rights with Responsibilities’ (2008) 23 American University International Law Review 451
Lex Petrolea and internationalInvestment Law
BOOK REVIEW LEX PETROLEA AND INTERNATIONAL INVESTMENT LAW: LAW AND PRACTICE IN THE PERSIAN GULF By Nima Mersadi Tabari ISBN: 978 1 13865 649 9 (book) 978 1 31562 188 3 (ebook) INFORMA LAW FROM ROUTLEDGE TAYLOR & FRANCIS GROUP LLOYD’S ENVIRONMENT AND ENERGY LAW LIBRARY www.informa.com LEX PETROLEA – A MEANS OF RESOLUTION IN TRANSNATIONAL HYDROCARBON DISPUTES? An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The title of this new book from Informa Law from Routledge and the Taylor and Francis Group -- including the subtitle – is, for the most part, self-explanatory, especially if you have a smattering of Latin – of which the author, Nima Mersadi Tabari, is evidently very fond. Commendably, the book started life as a doctoral thesis researched by Tabari under the supervision of Professor Terence Daintith at the Institute of Advanced Legal Studies at the University of London. Now revised and expanded, it explores an area of research that is quite original -- and in today’s global marketplace -- much needed. The focus is of course on the complex and important linkages between Lex Petrolea (‘oil law’ if you will) and international investment. There are a number of reasons why all, or most lawyers should read this book – and not just lawyers specialising in the oil industry or in investment law. International lawyers in general will be reminded, in the words of the author, that ‘modern man’s prosperity, progress and mobility are heavily indebted to utilising hydrocarbon resources for energy.’ The point is also made that recent oil price rises have not undermined demand and that therefore ‘speculators will continue to see petroleum as an avenue to hedge investment risks.’ Moreover, oil and gas are together seen as a strategic commodity, playing a pivotal role in world security and thus a tool of political influence worldwide. What drives and inspires this book are the political, social and economic realities of the major oil producers, primarily Iran, Iraq and Saudi Arabia. There is a separate chapter on each, featuring insights on historical and political influences followed by details of investment law in each region. For example, the legal regime in Saudi Arabia governing oil and gas is scrutinised in the sections on King and Constitution, Council of Ministers, Consultative Council, Judiciary and of course, investment law, within the Saudi foreign investment framework. But what then, is Lex Petrolea exactly? Rest assured that it is discussed in detail in the book’s third chapter and emerges as a concept rather than as a current and workable reality, as the author undertakes the -- in his view -- the ‘cumbersome’ task of identifying and defining it. It is nonetheless referred to as a trans-national legal framework inspired by the medieval Lex Mercatoria, or ‘Law Merchant’ adopted by European merchants, faced then as now, by ‘the inadequacy’ (as the author puts it) of local legal systems in dealing with transnational trade. Conceivably, Lex Petrolea can be applied in the twenty-first century as a means of dispute resolution along with applicable laws relevant to hydrocarbon disputes. Legal researchers, as well as arbitrators and mediators wishing to follow the development of this old-but-new approach to dispute resolution in this complex area of law will welcome the wealth of references in the extensive footnoting throughout and the lengthy (28-page) bibliography. Also note the lists of cases and arbitral awards and international and municipal instruments. This first edition has a publication date cited as at 2017.
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