Dissertations / Theses on the topic 'State dispute Settlement'
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Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.
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Nowakowski, Jesse. "A Critical Examination of Investor State Dispute Settlement in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39144.
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This study critically examines rulings of Investor State Dispute Settlement (ISDS) tribunals. Under the North American Free Trade Agreement’s (NAFTA) Chapter 11, ISDS provides foreign investors with the tools to launch a claim against signatory countries should they feel their investment was inhibited by local regulations. Empirically this study draws upon Windstream Energy LLC. v. the Government of Canada as a case study to analyze the competing responses exchanged during the tribunal’s hearings. The claim by Windstream Energy LLC against the Government of Ontario (GoO) serves as both a central and relevant example for examining the ramifications of ISDS, as it is one of Canada’s most recent defeats featuring the largest award outside a pre-tribunal ISDS settlement. Information was drawn from tribunal documents, referred to as a Memorial and Counter Memorial, which outline each party’s argument and supporting claims. Additionally, the tribunal publishes their final decision and justifications. A critical discourse analysis method, theoretically informed by the corporate crime literature and Gramsci’s theory of hegemony, helps in critically examining the economic, political, and cultural assumptions that influenced the tribunal’s decision and the state’s approach to foreign investment. Overall, dominant voices reinforced neoliberal beliefs about transnational market expectations and the role of the state under a globalized capitalist system. Justifications rooted in market logics prioritized the accumulation of foreign capital over the potential dangers of Windstream’s project. Ultimately, it is the inclusion of corporate safeguards, like ISDS, in free trade pacts that help to (re)produce neoliberal capitalist ideals and further reinforce status-quo economic relations.
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Martin, Sara <1996>. "BRI e Investor - State Dispute Settlement: verso una nuova direzione?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19384.
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Con l’implemento del progetto cinese della Via della Seta è emersa la necessità di individuare un meccanismo di risoluzione delle controversie appropriato, in grado di regolare i rapporti tra gli stati coinvolti. I trattati bilaterali d’investimento stipulati nei primi anni del XXI secolo secondo il diritto internazionale vedevano per lo più l’impiego del Centro per la Risoluzione delle Dispute in materia di Investimenti (ICSID) e di altri organismi delle Nazioni Unite. L’affermazione della Cina come nuova potenza economica globale e l’adesione di numerosi Paesi Europei e Asiatici all’iniziativa Belt and Road, hanno fatto emergere la necessità di un diritto e un regolamento creati ad hoc per la regolazione dei rapporti economici e commerciali tra gli attori coinvolti, in virtù di una nuova concezione di cooperazione inter statale e di sviluppo.
Attraverso l’analisi qualitativa degli organismi internazionali di risoluzione delle controversie convenzionali e recenti, questa tesi si propone di indagare la necessità o meno della creazione di nuove istituzioni e organismi che regolino le dispute tra i paesi aderenti al progetto cinese.
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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.
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Magister Legum - LLMThe main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australia respectively. The paper also compares the solutions implemented by RSA and Australia with some internationally recognised solutions. Chapters two and three of the paper discuss the backgrounds and also analyse the solutions to ISDS that have been implemented by RSA and Australia respectively. Chapter four contains the main findings and arguments of the paper. It analyses the strengths and weaknesses of the ISDS solutions that have been implemented by RSA and Australia respectively. One of the main findings of the paper is that retaining the conventional ISDS regime is less beneficial to developing and least developed countries and more beneficial to developed countries, largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in particular circumstances as explained in chapter five. The paper recommends that ISDS should only be utilised where state-state arbitration would unnecessarily politicise an investment dispute. The paper also finds the use of domestic court as undesirable to investment disputes. The paper recommends mediation as a more balanced avenue for resolving investment disputes.
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Knahr, Christina. "Participation of non-state actors in the dispute settlement system of the WTO: benefit or burden? /." Frankfurt am Main [u.a.] : Lang, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/525118349.pdf.
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Dani, Mojtaba. "The Perception of Bias in the Energy Case Law Within the Investor–State Dispute-Settlement System." Thesis, Griffith University, 2016. http://hdl.handle.net/10072/365257.
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The investor–state dispute-settlement (ISDS) system has been suffering a crisis of legitimacy, arising inter alia from the perception among some states that the system is biased in favour of foreign investors. This perception of bias has emerged from a range of disputes over the last decade, particularly in the energy sector. While the case data show that states prevail more often than investors,1 the issue remains that a sense of disaffection with the system is continuing to deepen. Therefore, this thesis addresses the following research question: Is the perception of bias among some states well-founded and valid? Given this legitimacy crisis, there is a need to explore the grounds of the perception of bias, and offer remedies for jurisprudential and doctrinal problems in the ISDS system.
The study analyses doctrinal developments within the ISDS system to explore the perception of bias. It examines bias through the ways in which the treaty norms and standards are crafted, applied and interpreted in the investment treaty system, which the study refers to as ‘systemic bias’. Further, it argues that the ways in which the doctrines emerging within the ISDS system are being developed actively facilitate the perception of systemic bias. Therefore, the question of perceived bias must be addressed by exploring the development of doctrines, and how they are interpreted and applied.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Arts, Education and Law
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Falsafi, Alireza. "Applicable law in state contracts : the drive to create a supranational legal regime in international arbitral dispute settlement." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19623.
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This thesis addresses the question of the application of a supra-national legal regime to the substance of disputes arising from State contracts in the context of international arbitral dispute settlement. Foreign private parties seek to subject the merits of their contractual relationships with a State arising from a State contract to a legal regime superior to the national law of the State party. Such a supra-national legal regime has been advanced through a de-localization trend in international arbitration. In the main, the de-localization trend defies a jurisdictional concept of the legal regime governing a State contract with a view to dissociating the contract from the legal jurisdiction of the State party. How paradoxical the idea of subjecting the substance of a State contract to a Stateless legal regime proves is an issue that the present thesis embarks upon.
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ZORATTO, LAURA DE CASTRO. "DISPUTE SETTLEMENT MECHANISM UNDER NAFTA AND MERCOSUL: DETERMINING LOGICS AND THEIR REFLEXES ON THE RELATIONSHIP BETWEEN STATE AND ENTERPRISE." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2004. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=5230@1.
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FUNDAÇÃO DE APOIO À PESQUISA DO ESTADO DO RIO DE JANEIROA dissertação analisa os acordos de integração do Nafta e do Mercosul, especialmente a estrutura institucional e o mecanismo de solução de controvérsias de cada um deles. O trabalho analisa ainda como a lógica determinante de cada acordo afetou sua institucionalidade, criando marcos distintos para a relação entre Estado e empresa em cada bloco. Para tal, duas controvérsias solucionadas no âmbito de cada acordo foram selecionadas para análise, buscando dar destaque à atuação dos Estados e das empresas envolvidas no conflito. Percebeu-se que o acordo de integração norte-americano concede amplos e pioneiros benefícios aos investidores estrangeiros, de acordo com a lógica hegemônica estadunidense, enquanto o acordo do o Mercosul estabelece um mecanismo de solução de controvérsia essencialmente estatal, na tentativa de prover seus membros com um projeto contra-hegemônico, no qual a harmonia entre os mesmos é crucial para o sucesso do acordo.
The dissertation analyses the North American Free Trade Agreement (Nafta) and the Mercosul agreement (the South-American Agreement), especially the institutional structure and the dispute settlement mechanism of each agreement. The paper also analyses how the determining logic of each agreement affected its institutionality, creating different patterns for the relationship between State and enterprise. For this purpose, two controversies resolved under each agreement were selected for analysis, emphasizing the role played by states and enterprises involved in the conflict. It was noticed that the North-American agreement concedes broad and new benefits to the foreign investors, according to the U.S hegemonic position. Mercosul, on the other hand, implemented an essentially State-based dispute settlement mechanism, in an attempt to provide its members with an anti-hegemonic project, in which the harmony among them is crucial for the Mercosul`s success.
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Garcia-Rubio, Mariano. "On the application of customary rules of state responsibility by the WTO dispute settlement organs : a general international law perspective /." Genève : IUHEI, 2001. http://www.gbv.de/dms/sbb-berlin/328957178.pdf.
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Garcia, Rubio Mariano. "On the application of customary rules of state responsibility by the WTO dispute settlement organs : a general international law perspective /." Genève : Institut universitaire de hautes études internationales, 2001. http://catalogue.bnf.fr/ark:/12148/cb377248004.
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Drakopoulos, David. "Appeal mechanisms and Investment Court Systems in Investor-State Dispute Settlement : An analysis of AM and ICS suggestions, in light of contemporary reform." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443417.
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We begin with a short analysis of the history of Investor-State Dispute Settlement (ISDS). We then discuss the merits and demerits of the regime, such as the arguments between finality, speediness, and correctness. Following from this, historical reforms are discussed, and whether those issues have gotten worse or better since these discussions. The modern problems are discussed, leading to the explanation of the “legitimacy crisis”. As Appellate Mechanisms (AM) and Investment Court Systems (ICS) both propose multi layered systems, we argue whether ISDS must be a “one bite at the apple” system. We expand on the issues of regulatory chill, before showing the contradictions in the granting of awards. From this, a discussion is raised on the advantages of a tenured system of adjudicators, particularly in reference to their apparent bias. We delve deeper into the direct consequences of the perceived issues of ISDS, in the context of human rights, the environment, and other issues of sovereignty.As more reforms are suggested, the question of “what makes arbitration, arbitration?” is raised. From here, we may begin to suggest reforms based on which key factors are to be preserved. Firstly, we discuss current reform options, such as the Mauritius Convention. We take inspiration from existing AM, and prior discussions on the implementation of such a system across the International Centre for Settlement of Investment Disputes (ICSID) and United Nations Commission on International Trade Law (UNCITRAL) frameworks. We analyse whether these discussions have led to change by comparing trends in drafting.Thereon, we offer suggestions of reform. ICS and how this would be implemented, what it would look like structurally, and its positive and negative effects. Using the Comprehensive Economic and Trade Agreement (CETA) and other contemporary ICS reform suggestions, we gain some knowledge of what an ICS regime could and should look like, the implementation of AM previously discussed in this regime, and other. Finally, we offer a different solution to the problems, yet less pragmatic, the termination of arbitration.
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Raivio, Joakim. "Critical Perspectives on Investor-State Dispute Settlement in the EU after Case C-284/16 - Achmea : Did We Throw Out the Baby with the Bathwater?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-427486.
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The EU is the world’s leading host and source of foreign investment. In the light of the current situation with respect to intra-EU investor-state arbitration, it is, however, questionable whether the EU will be able to retain that position. In its landmark ruling in Case C-284/16 – Achmea, the CJEU found intra-EU investor-state arbitration to be incompatible with EU law under certain circumstances. Seeking to comply with this ruling, the EU Member States have decided to eradicate intra-EU investor-state arbitration from the European legal order by terminating all their intra-EU BITs. This means that intra-EU investors will now have to rely on EU law and the national courts of the EU Member States for the settlement of investment disputes. This thesis analyses critical aspects of post-Achmea intra-EU investment dispute settlement. It does so by first examining how intra-EU investor-state arbitration, as a method of investment dispute settlement, is affected by the Achmea judgment and the decision of the EU Member States to terminate their intra-EU BITs. While the thesis finds that intra-EU investor-state arbitration is incompatible with EU law under certain circumstances, it argues that it is far from certain that the EU Member States will be successful in their attempt to eradicate this dispute settlement mechanism from the European legal order. Nevertheless, the future of intra-EU investor-state arbitration does not look particularly bright. The thesis therefore examines how intra-EU investment disputes will be settled under EU law, and whether the procedural and remedial features of EU law offer an adequate alternative to investor-state arbitration. The Commission has repeatedly held that intra-EU investment disputes can be efficiently and effectively settled under EU law in the national courts of the EU Member States. However, this thesis finds that the procedural and remedial features of EU law, for various reasons, are insufficient and unsuitable for the purpose of resolving investment disputes, and that the EU is in need of a centralised intra-EU investment dispute settlement mechanism. An effective dispute settlement mechanism is a crucial aspect of a stable and attractive investment climate, and intra-EU investment is highly important for the EU economy. The thesis therefore argues that the EU and its Member States, when abolishing intra-EU investor-state arbitration to comply with the Achmea judgment without offering intra-EU investors an adequate alternative, are throwing out the baby with the bathwater.
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Mohlin, Anna. "Relations of Power and Democratic Accountability in Investor-State Arbitration." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-180894.
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International investment agreements largely cover today’s transnational investments. These agreements confer certain substantive rights to foreign investors while simultaneously obliging host-states to act in a given manner so as to not interfere with the investments. Most international investment agreements further contain an arbitration clause which provides the investor with the means to enforce the substantive rights of the agreement by directly bringing a claim against the host-state before an arbitral tribunal. Consequently, privately contracted arbitrators have the authority to scrutinize and overrule essentially any sovereign act of the host-state that may affect the investment – judicial and legislative acts included. This practice affects not only the parties of the dispute; when the arbitral award claims superiority to the state’s electoral choices, it further constrains the exercise of sovereignty by the population of the host-state. As a result, the arbitrators who manage the disputes and the investors who initiate them have become central power-holders in the context of both international and domestic law. Meanwhile, the arbitrators and investors alike seem to be unaccountable to the states and individuals who are adversely affected by their power assertions. A commonly accepted feature of democracy is that those who govern and wield power should be accountable to those who are governed and subjected to this power. This thesis relates this notion to a Foucauldian understanding of power, domination and resistance. The primary aim of the thesis is to examine the interplay between the prominent subjects involved in investor-state arbitration and to what degree these subjects hold power in the form of transformative capacity. After this investigation into the relations of power, the thesis scrutinizes the subjugated subjects’ ability to exercise effective resistance through institutionalized accountability mechanisms. The thesis detects an accountability deficit in the regime and concludes that foreign investors and arbitrators hold a dominant position within the context of investor-state arbitration, while states and individuals find themselves in a state of domination. The international investment regime, as it currently stands, is thus found to suffer from a democracy deficit, while it concurrently seems to undermine domestic democratic institutions.
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Laurence, Marquis. "The Role of the European Union in the Systemic Reform of Investor-State Dispute Settlement in International and Regional Trade Agreements: The impact of the ISDS Reform on the Independence and Impartiality of Arbitrators." Doctoral thesis, Luiss Guido Carli, 2022. https://hdl.handle.net/11385/222718.
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Navigating the complex frameworks of ISDS Reform. The historical framework: the backlash against investor-state dispute Settlement. The methodological and conceptual frameworks. The European legal framework for ISDS Reform. The ISDS and EU Reform frameworks on independence and impartiality of adjudicators. The impact of the ISDS and the ICS frameworks on the independence and impartiality of adjudicators. Assessing the conformity of the reforms proposals of working group III with the rule of law. Conclusion : in favor of a pro-ISDS Reform.
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Schram, Ashley. "International Trade and Investment Agreements and Health: The Role of Transnational Corporations and International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.
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Addressing complex global health challenges, including the burden of noncommunicable diseases (NCDs), will require change in sectors outside of traditional public health. Contemporary regional trade and investment agreements (RTAs) like the Trans-Pacific Partnership (TPP) continue to move further ‘behind-the-border’ into domestic policy space introducing new challenges in the regulation of health risk factors. This dissertation aimed to clarify the pathways through which RTAs influence NCDs, and to explore points along those pathways with the intent of improving the existing evidence base and supporting policy development. This work develops a critical theoretical framework exploring the ideas, institutions, and interests behind trade and investment policy; it also develops a conceptual framework specifying how trade and investment treaty provisions influence NCD rates through the effects of trade and investment on tobacco, alcohol, and ultra-processed food and beverage products, as well as access to medicines and the social determinants of health. Using health impact assessment methodology, three analytical components were designed to examine pathways of influence from RTAs to health outcomes as mediated by the interests of transnational corporations (TNCs). The first component explored the influence of industry during the TPP negotiations and how its health-related interests were reflected in the final TPP text. The second component examined the role of trade and investment liberalisation in health-harmful commodity markets, finding a rise in TNC sales after a period of liberalisation. The third component demonstrated how investor rights and investor-state dispute can challenge the state’s right to regulate if it damages the profits of TNCs, which may threaten effective health regulation, and provides opportunities to strengthen the right to regulate. The work in this dissertation provides support for the thesis that trade and investment policies are a fundamental structural determinant of health and well-being, which are highly influenced by TNCs that guide such policies in the interest of maximising their profits and protections, often to the detriment of public policy and population health. This work identifies the need for more robust health impact assessments of RTAs before future agreements are ratified, as well as an imperative to challenge vested interests that entrench neoliberal policy preferences that have hindered sustainable and equitable development.
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Paasivirta, Esa Juhani. "Participation of states in international contracts and the arbitral settlement of disputes." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.276526.
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Giroux, André François. "The settlement of international environmental trade dispute in GATT : a case study of the European Union - United States gas guzzler tax Dispute." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26446.
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This thesis addresses the issue of international trade and environmental protection, more particularly within the framework of the GATT dispute settlement system. In May 1993, the European Union took issue with the U.S. taxes on automobiles aimed primarily at environmental concerns. The European Union claims that the gas guzzler tax, the luxury tax and the corporate average fuel economy (CAFE) payment are discriminatory and therefore contrary to the principles of GATT Article III.The study of this dispute and the prospective analysis of its outcome show that both the gas guzzler tax and the luxury tax do not constitute a violation of the General Agreement. However, the CAFE payment violate the national treatment obligation and is not justified under the GATT general exceptions. The CAFE payment, despite that it is primarily aimed at fuel conservation, constitute a means of arbitrary and unjustifiable discrimination.
The outcome of this dispute confirms the permissiveness and limits of the GATT rules toward legitimate environmental policies.
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Medelius, Hanna. "Ett särskilt investeringsskydd på EU:s inre marknad : Relationen mellan intra-EU BIT och EU-rätten med hänsyn till principen om ömsesidigt erkännande och förtroende." Thesis, Linköpings universitet, Affärsrätt, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-147641.
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När en investerare vill investera utomlands finns många risker som måste beräknas, analyseras och hanteras. Utöver olika ekonomiska risker finns politiska risker. En investerare kan, för att hantera dessa politiska risker, välja att investera i en stat med vilken Sverige har ett bilateralt investeringsskyddsavtal. Dessa avtal reglerar både materiellt investeringsskydd, det vill säga hur en investerare ska behandlas, och processuellt skydd, det vill säga möjligheten för en investerare att väcka talan mot staten investeraren investerar i genom ett internationellt skiljeförfarande. Sverige har idag 66 stycken bilaterala investeringsskyddsavtal i kraft, varav tolv stycken är slutna med länder inom EU. Antalet bilaterala investeringsskyddsavtal slutna mellan EU-länder, intra-EU BIT, ökade avsevärt i och med att unionen utvidgades år 2004 och 2007. Sedan dess har avtalens förenlighet med EU-rätten diskuterats i litteraturen, i skiljedomstolar och nyligen även i EU- domstolen i det så kallade Achmea-målet. I uppsatsen kartläggs och analyseras argumenten i diskussionen om relationen mellan intra-EU BIT och EU-rätten. Vidare analyseras vilken del av investeringsskyddet som intra-EU BIT-förespråkare anser vara mest betydelsefull. Från resonemanget och analysen i uppsatsen dras slutsatsen att det är ISDS-systemet, tvistelösningssystemet där en investerare kan väcka talan mot en stat, som kan anses utgöra den mest betydelsefulla delen av investeringsskyddet i intra-EU BIT:en. Därefter analyseras huruvida ett investeringsskydd innehållande ett ISDS-förfarande kan vara förenligt med principen om ömsesidigt erkännande och förtroende. I uppsatsen konstateras att ISDS-förfarandet inte kan vara förenligt denna princip och att problematiken inte kan lösas genom en juridisk debatt utan måste diskuteras på en politiskt hög nivå.When investing abroad, an investor is faced with many risks that need to be thoroughly analysed in order to be mitigated. Risks are not only financial, but also political. An investor may, to mitigate these risks, choose to invest in states with which Sweden has a bilateral investment treaty, a so called BIT. BIT do not only regulate treatment of the investor and the investment, which is the material investment protection; but also the jurisdictional possibility of the investor to raise charges against the state of in which the investment has taken place in case of violation of investment rights, procedural investment protection. Today, Sweden has 66 BITs in force, out of which twelve are concluded with EU member states, so called intra-EU BIT. The number of intra-EU BITs grew significantly as a result of the enlargement of the union in the year of 2004 and 2007. Since then, the agreements’ compatibility with the EU legislation has been a subject of discussion within literature, investment arbitrations and recently in the European Court of Justice in the Achmea case. This thesis aims to establish and analyse the context of the discussions flourishing the relationship between the intra-EU BITs and the EU legislation. Additionally, the author intends to identify which argumentation regarding investment protection, that by intra-EU BIT praisers is considered to be the most impactful. As a result, the conclusion of the thesis is that it is the ISDS-system, the investor- state dispute settlement, in which an investor can raise charges towards a state, that is the most valuable part of the investment protection given by the intra-EU BITs. Accordingly, it is analysed weather investment protection containing an ISDS-system can be compatible with the principle of mutual trust and recognition. In the thesis it is concluded that the ISDS-system cannot be considered to be compatible with the principle and that this problem should be debated on a high political level and cannot be solved through a legal debate.
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Kasbekar, Parimal. "Settlement of disputes in technology transfer transactions between private parties of developed and developing states." Thesis, University of Ottawa (Canada), 1986. http://hdl.handle.net/10393/4582.
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St, John Taylor. "The power of modest multilateralism : the International Centre for Settlement of Investment Disputes (ICSID), 1964-1980." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:aeca5b93-4493-4b75-9654-182a2c76e62a.
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In 1965, amid antagonism between capital-importing and capital-exporting states over investment protection, the World Bank created ICSID. ICSID facilitates the resolution of disputes between foreign investors and states. Since major initiatives to create investment rules have failed within the UN and OECD, ICSID is the only successful attempt to create a multilateral, inter-state organization dedicated to investment. This thesis probes the intellectual, political, and economic forces behind the creation and early development of ICSID. This study combines archival work, oral histories, and interviews with econometric work. On this basis, it illuminates how ICSID's creators-mainly staff in the World Bank's Legal Department-adapted their ideas to suit the charged political context. When disseminating the idea of ICSID to states, they relied on ambiguity, expertise, and incrementalism. These three characteristics constitute an approach to organization building that I term "modest multilateralism" since the World Bank's President praised ICSID as "a modest proposal." By illustrating how this approach operated in ICSID's case, I generate insights that are applicable to other international organizations. ICSID's creation differs from the expectations of institutionalist IR theory in important ways. First, there was little state leadership, and ICSID's founding Convention is devoid of substance-it merely outlines a procedure. In this way, it takes the idea of ambiguity to its extreme. Second, ICSID's founders took steps to shield the organization from the politics of investment protection: they asked states to send legal experts, not elected representatives, and avoided deliberative debate. Third, ICSID's design was explicitly evolutionary. ICSID can operate alongside changing substantive rules-multilateral, bilateral, or domestic. Finally, contrary to previous accounts, in this thesis the ICSID Secretariat emerges as a dynamic agent. The Secretariat actively pursued ratifications and advance consents to investor-state arbitration. The creation of ICSID fostered a community of practice, which subsequently redefined international investment law through treaty making and arbitral practice.
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Everett, Kirstin Elizabeth. "Analysis of the WTO Dispute on Trade with GMOs." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-10854.
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In 2003 the United States filed an official complaint against the European Community at the World Trade Organization in regards to the ban imposed on GM crops within the EU, saying that there was no scientific defense for their point of view, and this had created barriers to trade. After one of the longest dispute settlement in WTO history, the body sided with the US and deemed the ban to be restricting free trade. Conflicting research on the safety of GM crops has further complicated the matter and many members of the EU are still choosing to ban GM crops in defiance of the WTO ruling.
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Cuppett, Bryan Scott. "Case Study on World Trade Organization Dispute Settlement: European Communities — Measures Affecting Meat and Meatproducts (Hormones), Complaint by the United States." Thesis, Virginia Tech, 2000. http://hdl.handle.net/10919/31134.
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The World Trade Organization (WTO) is an international organization created to coordinate trading rules among nations. Made up of internationally negotiated trade agreements, the WTO has three main objectives: (1)to assist in the free operation of international trade; (2) to allow continued progress of liberalization of such trade through fair negotiations; and (3) to create a system for the impartial settlement of international trade disputes.
A key component of the World Trade Organization (WTO) is the Dispute Settlement Body (DSB). This body, as with the WTO itself, has only been in operation since January of 1995. The WTO, although relatively new, has made significant strides in improving the international trading system and resolving trade disputes. Unlike other international organizations, such as the international Monetary Fund (IMF) or World Bank, the WTO is not controlled by a board of directors, but instead is governed by its member nations. Given this type of arrangement, it is essential that the member nations abide by the signed agreements that govern the operation of the WTO and its Dispute Settlement Body. Otherwise the WTO cannot function as envisioned.
This research argues that the European Union (EU) is presently abusing the system through its actions in the dispute settlement case EC- Hormones, Complaint by the United States. Using tactics designed to delay the resolution of this dispute, the EU has increased the costs ssociated with the Dispute Settlement Body (DSB) and threatened the credibility of the WTO.Master of Arts
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Wabe, Mamo Hebo. "Land, Local Custom and State 'Laws' : A Study of Land Tenure Systems and Land Disputes Settlements among Arsii Oromo, Southern Ethiopia." 京都大学 (Kyoto University), 2004. http://hdl.handle.net/2433/147917.
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Kyoto University (京都大学)0048
新制・課程博士
博士(地域研究)
甲第10992号
地博第9号
新制||地||3(附属図書館)
UT51-2004-G839
京都大学大学院アジア・アフリカ地域研究研究科アフリカ地域研究専攻
(主査)助教授 重田 眞義, 教授 島田 周平, 助教授 木村 大治
学位規則第4条第1項該当
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Homami, Shahab Mokhtari. "Some aspects of the law and procedure relating to the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.389438.
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Acevedo, D. E. "Settlement of intraregional disputes : the question of OAS authority versus UN authority : an analysis of the competence of the Organization of American States vis-a-vis the United Nations with regard to peaceful settlement of regional disputes, enforcement action." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.233646.
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Randis, Justas. "Definition of investment in International Centre for Settlement of Investment Disputes: criterion of the contribution to the economic development of the host state." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140603_135341-71455.
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The Master Thesis are dedicated to the analysis of the interrelationship of the term „investment“ of Article 25(1) of the ICSID convention and criterion of the contribution to the development of the host state, which is argued to be part of the definition of investment. The aim of this paper is to draw a map for a legal practitioner, of ways of application and non-application of the criterion of the contribution to the development of the host state. Analysis provided in the Master Thesis explaines how and why the criterion of the contribution to the development of the host state may be applied or not applied within the three divergent approachres to the term „investment“ Article 25(1) of the ICSID convention: the subjective approach, the autonomous objective approach and the autonomous intuitive approach.Paradoksalu, tačiau net po beveik penkiasdešimties metų sėkmingo veikimo Pasaulio banko įsteigtame tarptautiniame užsienio investicijų apsaugos režime vis dar nesutariama dėl pačios termino „investicija“ sąvokos. 1965 m. Konvencijos dėl valstybių ir kitų valstybių piliečių ginčų investicijų srityje sprendimo (toliau – ICISD konvencija) 25(1) straipsnis įtvirtina investicijos terminą kaip jurisdikcinį kriterijų, tačiau jo neapibrėžia. Tai sąlygoja skirtingą termino „investicija“ interpretavimą tarp jį taikančių arbitražinių tribūnolų. Nagrinėjant investicijos terminą įdomu tai, jog tarp įvairių šiam terminui apibrėžti taikytų kriterijų yra vienas kriterijus išsiskiriantis savo kontraversiškumu. Tai prisidėjimo prie ekonominio valstybės vystymosi kriterijus. Atsižvelgus į šį kontroversiškumą, šio baigiamojo magistro darbo tikslu tapo noras sukurti aktualų žemėlapį, kuriame atsispindėtų būdai įtraukti arba pašalinti minėtą potencialų investicijos kriterijų iš investicijos termino sąvokos.
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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.
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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future.
Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
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Al-Zahrani, Hussain Attiyah. "Peaceful modes of defining international boundary disputes with particular reference to the practice of the Kingdom of Saudi Arabia and its neighbouring states regarding the settlement of their land boundary disputes." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:5644.
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[From the introduction] The main purpose of this thesis is to analyse and assess the practice of Saudi Arabia and its neighbouring states with regard to the settlement of their land boundary disputes in the light of the principles of international law. To this end, it will first try to discuss the evolution of the Saudi boundaries along with the acquisition of the Saudi territory and to determine the basic factors responsible for the land boundary disputes between the Kingdom of Saudi Arabia and its neighbouring states. Secondly, it will evaluate the peaceful methods which have been applied by Saudi Arabia and its neighbours in settling their boundary disputes. This study, however, does not extend to examine the settlement of Saudi Arabia's maritime boundaries with its neighbouring states. The reason for this is that the thesis focuses on international land boundaries, and to include maritime boundaries would broaden the subject and make it difficult to provide a proper discussion within the constraints of a PhD thesis. This is especially so as there are 10 states which share maritime boundaries with Saudi Arabia.
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Castro, de Figueiredo Roberto. "The contribution of foreign investments to the economic development of host states as a jurisdictional requirement under the ICSID Convention." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8376.
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This thesis addresses the problem concerning the contribution of foreign investments to the economic development of the host State as a jurisdictional requirement under the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”). The ICSID Convention governs the jurisdiction of the International Centre for Settlement of Investment Disputes for the institution of arbitral proceedings between Contracting States and nationals of other Contracting States. While the institution of arbitral proceedings under the ICSID Convention is contingent upon the consent of the disputing parties, the jurisdiction of the Centre is limited to disputes that fulfill certain requirements. One of the core requirements of the jurisdiction of the Centre is that the dispute must arise out of an investment. Although the ICSID Convention lacks a definition of investment, most arbitral tribunals that had to define the function and content of the investment requirement concluded that the ICSID Convention contains a notion of investment that may not be waived by the consent of the disputing parties. The majority of these decisions considered that the contribution to the economic development of the host State would be one of the elements of such notion of investment. According to these decisions, the economic development requirement, as an element of the investment requirement of the ICSID Convention, could be inferred from the wording of the first recital of the Preamble of the ICSID Convention, which states that the ICSID Convention was concluded considering the role of private international investments in the economic development. It is submitted in this thesis, however, that these decisions were based on a misapplication of the general rule of treaty interpretation of the Vienna Convention on the Law of Treaties, which codified the existing customary international law rule of treaty interpretation, given that they ignore the ordinary meaning of the term “investment” as employed in the ICSID Convention. The general rule of treaty interpretation of the Vienna Convention establishes a method by which each source of the intention of the parties to the treaty plays a relevant role. Above all, treaty interpretation must be based on the text of the treaty, which must be interpreted in accordance with the ordinary meaning of its terms. The use of the object and purpose of a treaty is a second step and may not be relied on in order to contradict the ordinary meaning of the terms employed in the treaty and to confer a special meaning on them.
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Conroy, Sean F. "Used paper for sale are pacific settlement agreements really worth anything? /." Quantico, VA : Marine Corps Command and Staff College, 2008. http://handle.dtic.mil/100.2/ADA490787.
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Diakite, Ansoumane Douty. "Settlement of international investment disputes by arbitrationp: an analysis of the challenge of inconsistency in the outcomes of investment arbitrations between investors and states and the available remedies." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1943651.
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Nedrebo, Oystein. "Transnational dimensions of civil conflict severity." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2123.
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Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: In an otherwise broad literature on civil conflict little attention has so far been paid to actual conflict violence and variation in severity. Existing work is also hampered by a reliance on a ‘closed polity’ model of the state, leading to disregard of the transnational dimensions of internal conflict, and by a dependence on over‐aggregated data. The present inquiry expands on the existing explanatory framework for variation in civil conflict severity by including transnational factors and characteristics of sub‐national actors. Data on conflict battle deaths are combined with recently available data on transnational ethnic linkages, transnational support and neighbouring conflict as well as other actor and country characteristics. Results from ordinary least squares regression analysis indicate that support for rebel groups from external non‐state actors increase conflict severity, while rebel presence in other states is associated with less severe conflicts. In addition, severity increases with duration but with a diminishing marginal return. Internal armed conflicts are less severe in democratic and ethnically polarised countries but rebel territorial control increases the level of violence.
AFRIKAANSE OPSOMMING: In die andersins omvangryke literatuur oor burgerlike konflik is daar tot op hede min aandag geskenk aan werklike konflikgeweld en variasie in felheid (vernietigende omvang). Bestaande werk word ook belemmer omdat dit staat maak op ’n model van die staat as ‘geslote regering’, wat lei tot verontagsaming van die transnasionale dimensies van interne konflik, en staat maak op oor‐geaggregeerde data. Hierdie ondersoek brei uit op die bestaande verklarende raamwerk vir variasie in felheid van burgerlike konflik deur transnasionale faktore en eienskappe van subnasionale deelnemers in te sluit. Data oor konflikgevegsterftes is gekombineer met onlangse data oor transnasionale etniese koppelings, transnasionale steun en naburige konflik, sowel as ander deelnemer‐ en landeienskappe. Resultate van gewone kleinstekwadrate‐regressie‐analise dui daarop dat steun aan rebellegroepe deur eksterne nie‐staatsdeelnemers konflikfelheid laat toeneem, terwyl rebelleteenwoordigheid in ander lande geassosieer word met minder fel konflikte. Felheid neem ook toe saam met duur maar met ’n afnemende marginale opbrengs. Interne gewapende konflikte is minder fel in demokratiese en etnies gepolariseerde lande, maar rebellebeheer oor grondgebied verhoog die vlak van geweld.
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Lapienytė, Evelina. "Mokslinių tyrinėjimų ir stebėjimų atskirose jūros erdvėse reglamentavimas tarptautinėje jūrų ir Lietuvos Respublikos teisėje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070108_123150-13162.
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Marine scientific research has not lost any of its significance for the world of today and might become even more important for the future as the knowledge in this area will be crucial for management decisions in most areas of human life. Lithuania being the coastal state should be strongly motivated to create favourable conditions for carrying out MSR. The provisions of Part XIII, 1982 UNCLOS, set out specific rights and obligations for coastal and researching States and provide guidelines on how these rights and obligations should be implemented through negotiated access by foreign research vessels into the maritime zones under coastal State sovereign rights and jurisdiction. However, there is no evidence of successful UNCLOS implementation into national law of the Republic of Lithuania. The MSR regime remains nominal for lack of practical implementation. Though the UNCLOS is considered to represent the predominant international MSR regime, there are still provisions requiring a liberal interpretation, which could be enabled both by States enacting appropriate formulations and procedures in their national legislation and by commissions and international organizations developing guidelines and standardized procedures.
The study has been structured in three parts which are further outlined in chapters representing the most relevant issues of the topic under discussion. Part 1 explores the historical development of marine science regulation indicating the origin and... [to full text]
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Lando, Massimo Fabio. "Consistency in the international law of maritime delimitation : towards a set of common principles for the judicial establishment of maritime boundaries." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/273171.
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This thesis examines the process applied by international tribunals for delimiting Exclusive Economic Zone (EEZ) and continental shelf boundaries under international law. Maritime delimitation is governed by articles 74 and 83 of the 1982 UN Convention on the Law of the Sea (UNCLOS), which are customary international law. However, owing to the vagueness of such legal provisions, international tribunals have been developing a standard process for delimiting maritime boundaries. The delimitation process has evolved significantly since the 1969 judgment of the International Court of Justice (ICJ) in North Sea Continental Shelf. The ICJ re-stated this process in its 2009 Black Sea judgment as being constituted of three stages: first, an equidistance line is provisionally drawn; second, this line is adjusted should relevant circumstances so require; third, the overall equitableness of the boundary is evaluated by assessing the proportionality between the length of the relevant coast and the marine areas appertaining to each state. This thesis analyses each stage of the delimitation process as re-stated in Black Sea. By way of introduction, chapter 1 outlines the relevant legal provisions and the historical evolution of the delimitation process through the jurisprudence of international tribunals. Chapter 2 discusses both the notions of the relevant coast and of the relevant area, and the practical methods for their identification. Since Black Sea, international tribunals have tended to identify the relevant coast and the relevant area prior to establishing a provisional equidistance line. Chapter 3 discusses the issues concerning the drawing of the provisional equidistance line. Chapter 4 examines relevant circumstances and the methods for adjusting an equidistance line. Chapter 5 discusses proportionality. Using doctrinal legal research methodologies, this thesis aims to assess the degree of consistency in the international tribunals’ application of the three-stage delimitation process. It argues that, while great leaps forward have been made since 1969, there is still a number of unresolved issues, in relation to which this thesis endeavours to provide some workable solutions.
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Zhekeyeva, Aiman. "La souveraineté et la réalisation de la responsabilité internationale des Etats en droit international public." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00675942.
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Etant membre de la communauté internationale, l'Etat ne peut pas être irresponsable pour ses actions. De même la spécificité principale de la responsabilité internationale est liée aux particularités du droit international et de ses sujets principaux- Etats souverains. La compréhension du mécanisme de la mise en œuvre de la responsabilité internationale des Etats et de son rapport avec la souveraineté montre la validité et l'efficacité du droit international. La réalisation de la responsabilité en tant que processus est examinée en thèse en tenant compte des différents critères : comme la réalisation des éléments de la responsabilité (application de mesures de contrainte), le processus de l'attribution de la responsabilité (le procès de l'attribution à l'Etat des faits des autres sujets du droit international) et la réalisation des phases de la responsabilité (les questions liées à la procédure judiciaire et à l'exécution des décisions internationales).La corrélation de ces deux notions est conçu en thèse sous deux aspects: à savoir, si l'Etat souverain peut en se couvrant sous la souveraineté tenter d'éviter la responsabilité et quels sont les mécanismes pour l'en empêcher et à contrario, comment la réalisation de la responsabilité peut toucher ou même violer la souveraineté des Etats.
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Chen, Chih Ching, and 陳稚卿. "Research on the Settlement of International Investment Disputes Especially on the Investor-State Dispute Settlement." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/ab4bqs.
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Chou, Keng-Cheng, and 周耿誠. "A Comparison between the WTO dispute settlement mechanism and the Investor-State Dispute Settlement (ISDS) Mechanism." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/r56598.
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碩士國立臺灣海洋大學
海洋法律研究所
105
The dispute settlement mechanism of the WTO is the most successful dispute settlement mechanism in the world. Compared with the GATT period, the dispute settlement mechanism has a great improvement in the norms of fairness and procedure, and laid a good foundation for the WTO. Since 2002, China's accession to the WTO, they actively into the WTO to protect trade interests and promote economic development. How to use the WTO dispute settlement mechanism to safeguard its national rights and interests, then become an important issue. At present, there are more than 3000 kinds of economic agreements in the world using ISDS as the terms of its dispute settlement. In the bilateral investment agreement, the use of ISDS mechanism is more common. Our country and our investors use the ISDS system to safeguard their own interests, Its importance. The study found that the WTO dispute settlement mechanism was better able to play the trade rights between the parties under the WTO agreement than the GATT period. However, the developing countries were still limited to their own human, financial and legal expertise, and were unable to use them more effectively Dispute settlement mechanism. While the ISDS is widely adopted by multilateral agreements, its system may not play a quick and convenient effect. Under the initiative of the United States and the European Union, the ISDS system is included in the appeal system to correct the wrong judgment. This paper suggests that China should invest its limited resources in improving the trading system, fostering legal talents, enhancing the capacity of the dispute settlement mechanism, and strengthening the measures facing the settlement of disputes in order to use the dispute settlement mechanism to safeguard its own rights and interests.
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Lee, Yih-Wei, and 李奕威. "Reforming the Investor-State Dispute Settlement System: the EU Proposal of an Investment Court System." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/fghmqy.
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碩士國立政治大學
外交學系
107
Investor-State dispute settlement (ISDS) is one of the important and frequently used mechanism to solve investment disputes. However, recently the traditional ISDS system of investment arbitration is problematic and not being satisfying for many states. The system is being criticized as excessive costly, lengthy and not transparent. Arbitrator’s impartiality and independence are being doubted. Similar cases even resulted in inconsistent interpretation in the concept of international investment law. The international societies have reached a consensus that the ISDS system need to be reformed. Inspired by UNCTAD’s IIA Reform and UNCITRAL’s Working Group on ISDS, this thesis tries to analysis these reform models in a problem-solving perspective and examine whether how and to what extent those ISDS concerns could be solved under the following four reform scenarios: (1) Improvement of current investor-State arbitration (2) Investment arbitration with an appellate mechanism (3) A multilateral investment court (4) Replacing ISDS with domestic court or State-to-State arbitration. However, in the meanwhile the discussion is at the stage of theoretical exploration, the EU is the first mover to reform. The EU proposed the “Investment Court System (ICS)”, which would be applied in their bilateral trade and investment agreement. Currently the idea of ICS has been embedded in the EU-Canada Comprehensive Economic and Trade Agreement, EU-Vietnam Investment Protection Agreement, and EU-Singapore Investment Protection Agreement. Based on the discussion on the different ISDS reform scenarios, this thesis would explore the idea and design of the ICS and see in problem-solving perspective to evaluate whether the institutional and procedural design of the EU reflect the concerns of the current ISDS system to be suitable for the next-generation international investment dispute settlement.
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Sun, Ting, and 孫婷. "Assessment of Investor-State Dispute Settlement Clause under Cross-Strait Bilateral Investment Agreement — Possible Enhancement in Its Operation." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/43254287911769518651.
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碩士國立臺灣大學
科際整合法律學研究所
101
In the trend of signing bilateral investment treaties, Cross-Strait Investment Protection and Promotion Agreement (the Agreement) entered into its signatory in August 2012. One of the special features of the Agreement is its dispute settlement regime. It includes not only State-State and Investor-State ones, but also includes Private-Private ones. In the thesis, the author emphasized on the disputes settlement clause between an investor of one Contracting Party and the other one. In Chapter Two, focus is fixed on the bilateral investment both in terms of policy perspective and statistic point of view. Other issues raised under this Chapter are way of resolving disputes in the past, and problems or difficulties Taiwanese investors encountered. The last section in this Chapter is the introductory notes to the Agreement, both in its content and the highlights of this Agreement. Turning to Chapter Three, Investor-State dispute settlement provisions in modern BITs are firstly introduced. Analysis conducted on these dispute settlement provisions are on three perspectives: subject matter, and that channels are provided to resolve investment disputes and the structure of such provisions. Attention is then shifted to the Investor-State dispute settlement provisions in cross-strait practices. Furthermore, agreements concluded between China and Taiwan are examined on the arrangements of dispute settlement mechanism. In Chapter Four, analysis is conducted on Article 13 (Settlement of Disputes Between an Investor and the Host Party) of the Agreement. Three issues are discussed in this Chapter. The first one is the subject matter of this clause. The second issue is the non-binding force of five dispute settlement channels provided in Article 13. The last issue is in regard to the involvement of neutral third party. The next Chapter focuses on possible enhancement in Article 13’s operation responding to the issues brought about in Chapter Four. By means of interpreting Art. 13 and making comparison between Art. 13 and other Investor-State dispute settlement provisions, the author proposes possible ways to facilitate the function of Art. 13. Riding on the train of signatory to BITs, the two sides across the strait have endeavor much effort from negotiation, drafting, until the born of the Agreement. And this is indeed a remarkable step for both China and Taiwan. The thesis puts forwards some potential issues and doubts, later on tries to response to these issues raised. There is limitation to the thesis, but hopefully by proposing ideas in solving potential problems, there would be contribution to the actual function of Art. 13.
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Hsu, Yao Hung, and 徐耀浤. "A Study of Jurisdiction and Reform of the International Center for Settlement of Investment Disputes, with a Discussion of the Prospects for Inclusion of investor-State Dispute Settlement Mechanism in the WTO." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/66270943283476963942.
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碩士國立政治大學
國際貿易研究所
92
While the inexorable trend towards globalization has caused international direct investment to grow dramatically, it has also led to a steady increase in the number of investment disputes. International investors therefore eagerly look forward to the institution of an effective and impartial international investment dispute resolution mechanism. Although Taiwan, through its many years of economic development, has become a major source of foreign investment, surveys show that Taiwan firms are not good at using international arbitration to protect their rights and interests in investment disputes. This study accordingly analyzes the investor-State dispute settlement provisions in international investment agreements(IIAs) in an effort to provide concrete, practical strategies for the government of Taiwan in international negotiations and for Taiwanese firms in their foreign investment. Since there is already extensive research literature addressing investor-State dispute settlement mechanisms, this study focuses on the jurisdiction of the International Center for Settlement of Investment Dispute(ICSID) under the aegis of the World Bank in 1965. This study first introduces investor-State dispute settlement mechanisms and their development. Next, the study discusses the main provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) came into force on 1966 and its relationship to other IIAs. The study then explains the various legal issues connected with ICSID’s jurisdiction ratione personae and ratione materiae, and finally, analyzes specific cases. The results of the aforementioned analysis are employed to critique existing investor-State investment dispute settlement mechanisms. This study makes four system-related recommendations, namely that the ICSID convention should: 1) liberalize the scope of ICSID’s subject-matter jurisdiction; 2) review undefined investment methods; 3) recognize dual nationalities; and 4) reform the degree and circumstances of foreign control. This study further discusses legal problems related to the ICSID Convention and bilateral investment treaties (BITs), including conflicting awards, procedural conflicts stemming from different dispute settlement forum in BITs, and problems involving ICSID's jurisdiction and most-favored nation(MFN) provisions in BITs. As for future prospects, the study analyzes whether the current multilateral investment framework can resolve the problems of the current investor-State dispute settlement mechanism, and examines the possibility of incorporating investor-State dispute settlement mechanism in the WTO. This study concludes with recommendations concerning how the government and companies of Taiwan can use the ICSID mechanism at the current stage.
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Krikorian, Jacqueline D. "Judicial review beyond state borders? The impact of the WTO dispute settlement mechanism on legislative and policy arrangements in Canada and the United States." 2004. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=94583&T=F.
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Lima, Vanessa Carício da Cunha. "As políticas comerciais internacionais de uma economia de estado e a OMC como centro de solução das controvérsias." Master's thesis, 2017. http://hdl.handle.net/10316/84130.
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Dissertação de Mestrado em Direito apresentada à Faculdade de DireitoThe quartile of the twentieth century is market by two tendencies; in the economic sphere, by the effort of regional integration between the economies of several countries and, in the social plane, by the tireless pursuit of peace and harmonious coexistence among the nations. In the context of the "Western" or "capitalist" economy, it is possible to note, in a brief retrospect, as notable events in the quest for world economic integration, the "Agreement" or "Bretton Woods Conference" in 1944, the General Agreement on Tariffs and Trade - GATT - General Agreement of Tariffs and Trade in 1947 and its successive "rounds" until the establishment of the WTO - World Trade Organization in 1994, which was joined by more than a hundred states in search of a more robust and liberal trade partnership .This dissertation analyzes the difficult coexistence of a Economy of State, as China, within the existing multilateral trade rules of the World Trade Organization (WTO). The article discusses the origin and evolution of the multilateral trading system in the international arena, its rules and agreements, emphasizing the international trade policies of a non-market economy. The fundamental aim of the work is to highlight the contradictions and shortcomings of Chinese growth, which can not be disassociated from state intervention, nor can it move fully towards a full market economy. These objectives are demonstrated through the presentation of cases where China has been convicted under the WTO Dispute Settlement System, which is the center for solving international trade disputes between its Member States, with the task of issuing recommendations and decisions.In the face of this current situation of concern on the part of world trade, as well as WTO members, it is understood that, when analyzing in a less systematic way and under looks of concern, it is seen that the State Economies have numerous incompatible practices with the multilateral trading system, in addition to customarily violating principles enshrined by the Agreements agreed upon in the GATT and its subsequent rounds.Keywords: Economy of State; China; World Trade Organization; State Intervention; WTO Dispute Settlement.
O quartil do século XX é mercado por duas tendências; no plano econômico, pelo esforço de integração regional entre as economias de diversos países e, no plano social, pela busca incansável da paz e convivência harmônica entre as nações. No contexto da “economia ocidental” ou “capitalista” é possível pontuar, num curto retrospecto, como eventos notáveis da busca pela integração econômica mundial, o “Acordo” ou “Conferência de Bretton Woods” em 1944, o Acordo Geral de Tarifas e Comércio – GATT – General Agreement of Tariffs and Trade, em 1947 e suas sucessivas “rodadas” até a instauração da OMC – Organização Mundial do Comércio em 1994, à qual aderiram mais de uma centena de Estados em busca de uma parceria comercial mais robusta e liberal.A presente dissertação analisa a difícil coexistência de uma Economia de Estado, como a China, junto às regras comerciais multilaterais existentes no âmbito da Organização Mundial do Comércio (OMC). O artigo discorre sobre a origem e a evolução do sistema multilateral do comércio no cenário internacional, suas regras e acordos, dando ênfase às políticas comerciais internacionais de uma Economia de não-mercado. O objetivo fundamental do trabalho é evidenciar as contradições e insuficiências do crescimento chinês, que não consegue se desvincular da intervenção estatal e nem caminhar integralmente rumo a transformar-se em uma plena economia de mercado. Estes objetivos são demonstrados através da exposição de casos em que a China foi condenada no âmbito do Sistema de Solução de Controvérsias da OMC, centro solucionador dos conflitos comerciais internacionais entre seus Estados-Membros, com a atribuição de emitir recomendações e decisões.Diante desta atual situação que denota preocupação por parte do comércio mundial, bem como aos membros da OMC, entende-se que, ao analisar de uma maneira menos sistemática e sob olhares de preocupação, vê-se que as Economias de Estado possuem inúmeras práticas incompatíveis com o sistema multilateral do comércio, além de, costumeiramente, ferir princípios consagrados por meio dos Acordos pactuados no GATT e nas suas rodadas posteriores.Palavras-chave: Economia de Estado; China; Organização Mundial do Comércio; Intervenção Estatal; Sistema de Solução de Controvérsias da OMC.
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Ivančo, Alex. "Nestátní právní systémy a pluralismus práva." Doctoral thesis, 2017. http://www.nusl.cz/ntk/nusl-368212.
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The theme of this thesis is the assessment of the prerequisites for the pluralism of law and non-state justice systems to improve the possibilities of solving disputes in society. The main research question is whether non-state justice systems fulfil a social role in providing justice. The thesis should offer a descriptive analysis of the concept of legal pluralism and methodological procedures for the inclusion of non-state justice systems in the state. The outcome of the work should be an overview of the possibilities of interaction between different legal systems, whether formal or customary, of the different ways of resolving disputes in this environment, and of the contribution of such proposals to the reform of the legal environment that count on the real situation in society. The thesis of procedural pluralism and participatory methods of solving disputes that have a user, a citizen in the center of these systems is offered as a starting point for new designs. The final part of the work will therefore explore current approaches to improving legal systems that aim to increase participation of user based on their needs, and will include some cases for comparing individual programs to improve legal systems.
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Hsu, Tommy K. Y., and 徐國勇. "A Study on the Judicial Settlement of the Dispute Maritime Between Taiwan and Japan －Aspect of Taiwan Legal Statu." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/35162259502260128081.
Full textAbstract:
博士國立臺灣海洋大學
海洋法律研究所
100
Taiwan, surrounded by seas and being close to neighboring countries, makes its exclusive economic zone (EEZ) and continental shelf overlapped with the others. As a result, maritime disputes occur regularly. The Maritime Delimitation with neighboring countries, therefore, becomes an important subject. The maritime territory in East China Sea of Taiwan’s north is the traditional fishing ground of Taiwan. At present, however, it has been overlapped by Taiwan, Japan and China’s exclusive economic zones. In the other hand, there are vast amounts of minerals of various kinds in the continental shelves of East China Sea. China has started vastly exploited Chunxiao Oil Field there, which action has triggered Japan’s protest and become the source of regional disputes. Thus it is urgent to settle the overlapping issues of EEZ and the delimitation of continental shelves. Because of Taiwan’s special international status, combined with Beijing’s pressure exerted around the world, Taiwan’s status is uncertain. This has led to Taiwan’s international space being squeezed and therefore hard to voice internationally. This paper seeks to elaborate the relationship between Taiwan’s international legal status and the issue of maritime delimitation in the hopes of bringing about further discussions in scholar and government communities, protecting Taiwan’s maritime rights from the occurrence Taiwan-Japan maritime disputes. In addition, we hope to contribute to the understanding of how to improve Taiwan’s international legal status by examining maritime delimitation.
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Svoboda, Ondřej. "Vliv společné evropské investiční politiky na systém mezinárodního investičního práva." Doctoral thesis, 2020. http://www.nusl.cz/ntk/nusl-434654.
Full textAbstract:
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Ngobeni, Tinyiko Lawrence. "A critical analysis of the security of foreign investments in the Southern African Development Community (SADC) region." Thesis, 2018. http://hdl.handle.net/10500/25054.
Full textAbstract:
Foreign investments in SADC are regulated by Annex 1 of the SADC Protocol on
Finance and Investments (SADC FIP), as well as the laws of SADC Member States. At
present, SADC faces the challenge that this regime for the regulation of foreign
investments is unstable, unsatisfactory and unpredictable. Furthermore, the state of the
rule of law in some SADC Member States is unsatisfactory. This negatively affects the
security of foreign investments regulated by this regime. The main reasons for this state
of affairs are briefly explained below.
The regulatory regime for foreign investments in SADC is unstable, due to recent policy
reviews and amendments of key regulatory instruments that have taken place. Major
developments in this regard have been the suspension of the SADC Tribunal during
2010, the amendment of the SADC Tribunal Protocol during 2014 to bar natural and
legal persons from access to the Tribunal, and the amendment of Annex 1 during 2016
to remove investor access to international investor-state arbitration, better known as
investor-state dispute settlement (ISDS).
The regulation of foreign investments in SADC has been unsatisfactory, among others
because some SADC Member States have failed or neglected to harmonise their
investment laws with both the 2006 and the 2016 Annex 1. Furthermore, SADC Member
States such as Angola, Democratic Republic of Congo (DRC), Malawi, Mauritius,
Seychelles, Eswatini, Tanzania, Zambia, and Zimbabwe have multiple Regional
Economic Community (REC) memberships. This places these Member States in a
position whereby they have conflicting interests and treaty obligations.
Finally, the future of the regime for the regulation of foreign investments in SADC is
unpredictable, due to regional integration efforts such as the recent formation of the
COMESA-EAC-SADC Tripartite Free Zone (T-FTA) and the African Continental Free
Trade Area (AfCFTA). The T-FTA is entitled to have its investment protocol, while the
AfCFTA investment protocol will be negotiated from 2018 until 2020. These
developments entail that the 2016 Annex 1 will soon be replaced by an investment
protocol at either the T-FTA or AfCFTA levels, thereby ushering a new regime for the
regulation of foreign investments in SADC. The unknown nature of the future regulations
create uncertainty and instability among foreign investors and host states alike.
This study analyses the regulation of foreign investments in terms of Annex 1 and
selected laws of SADC Member States. In the end, it makes the three findings
mentioned above. In order to address these findings, the study makes four
recommendations. The first is that foreign investments in SADC must be regulated at
African Union (AU) level, by means of an AfCFTA investment protocol (which incidentally
is now the case). Secondly, investor-state disputes must be referred to the courts of a
host state, optional ISDS, the African Court of Justice and Human Rights (ACJ&HR) or
other agreed forum. Thirdly, an African Justice Scoreboard (AJS) must be established.
The AJS will act as a gateway to determine whether an investor-state dispute shall be referred to the courts of a host state, ISDS, the ACJ&HR or other forums. Fourthly, the
office of an African Investment Ombud (AIO) must be created. The AIO shall facilitate
the early resolution of investor-state disputes, so as to reduce the number of disputes
that may end-up in litigation or arbitration.Mercantile Law
LL. D.
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王貞懿. "A Study on the Protection of Public Communication Right Under Taiwan Copyright Act From the Perspective of WTO Dispute Settlement Case--United States – Section 110(5) of the U.S. Copyright Act." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/73137528638135254553.
Full textAbstract:
碩士國立交通大學
科技法律研究所
95
ABSTRACT Public communication right is an economic right of copyrights in a nonmaterial form. And as the new technology develops, all kinds of work are likely to be communicated more extensively. New technology of broadcasting sounds and images, moreover, intensify the possibility of such communication. With the facilitation of satellite and cable system, the performance and display of works can be communicated to every corner of the planet. Because of such characteristic that public communication right advances with times, it is necessary to re-examine and re-estimate the scope and definition of public communication continuously to prevent the infringement on the traditional exploitation resulted from newly-developed ways of exploitation. In a public establishment, in addition to the specific services, it is a common phenomenon that the proprietors provide music or TV programs to their customers. However, what kinds of copyrights are involved in such proprietors’ exploitation is still controvertible. The opinions of practitioners and scholars in Taiwan differ from each others’. Such inconsistent opinions on this issue may result in ambiguous scope of the right holders and anxiety of the exploiters. Since Taiwan has become a WTO member in 2002, the relevant regulations and doctrine regarding WTO Agreements such as TRIPs and its relevant understanding and research established and accumulated in the Dispute Settlement Cases are especially important. Therefore, the purpose of this article is going to probe into the issues regarding public communication in Taiwan from the perspective of the WTO Dispute Settlement Cases, namely United States – Section 110(5) of the US Copyright Act to understand the panel’s interpretation for Berne Convention and the international point of view regarding the protection of the public communication right through the research on United States – Section 110(5) of the US Copyright Act. Thereafter, based on the Panel’s legal opinion, this article will examine the practice and legal opinion regarding the protection of public communication right in Taiwan and provide advice on the application of Taiwan Copyright Act and its amendment in the future to solve the current issues with regard to public communication right in Taiwan.
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Rancier, Racquel. "Assessing tribal water rights settlements as a means for resolving disputes over instream flow claims : a comparative case approach." Thesis, 2012. http://hdl.handle.net/1957/29495.
Full textAbstract:
Tribal water rights and instream flows for species listed under the Endangered Species Act (ESA) have been a source of tensions in the western United States, particularly when tribes have undetermined water rights to support tribal fisheries listed under the ESA. Understanding the mechanics of past tribal settlements and their strengths and weaknesses in resolving disputes over instream flows for tribal trust fisheries listed under the ESA will allow parties involved in negotiations to evaluate whether similar provisions should be incorporated into future settlements. A review of the 27 congressionally approved tribal water settlements for instream flow and ESA provisions revealed that instream rights were either established as junior rights or reallocated from existing rights. The ESA was a factor in many of the settlements; however, only one actively incorporated ESA tools as part of the benefits of the settlement. After this preliminary evaluation, a comparative analysis framework with 28 criteria for evaluating environmental conflict resolution was applied to the Nez Perce Water Rights Settlement and Pyramid Lake Paiute Water Rights Settlement to identify strengths and weaknesses of using tribal water settlements as a means to resolve disputes involving instream flow claims. From my analysis, I conclude that tribal water settlements offer unique opportunities to shift the status quo and address historic inequities while minimizing harm to existing water users; however, settlement agreements may not result in an outcome that reduces conflict without a concerted effort to establish a fair process and minimize the impacts of the agreement on other parties. Furthermore, despite the many benefits of settlement agreements, since they have not delivered time-immemorial rights for fisheries, other options will likely be a continued consideration for tribes seeking to restore fisheries. However, while litigation presents a risky though lucrative outcome, rights under state law are in line with what has been granted in settlements. Given the time, effort and cost associated with settlements, I suggest that since tribal water right settlements generally use state tools to establish instream flows, states and tribes may reduce future conflict by proactively working together to establish instream flows through existing state water reallocation mechanisms.Graduation date: 2012
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ISAZA, QUERINI SIMON PIETRO. "The mixed participation of the EU and its Member states to the Energy Charter Treaty and Italy’s withdrawal therefrom: consequences on the promotion and protection of foreign energy investments." Doctoral thesis, 2019. http://hdl.handle.net/11573/1464939.
Full textAbstract:
Energy security is among the key issues in political agendas worldwide. Developed and developing economies, in fact, are increasingly concerned to secure constant flows of energy for fuelling their economic and social development. Despite there is no universally accepted definition of energy security, there is widespread consensus on that it relies, inter alia, on appropriate international instruments for promoting and, more important, protecting cross-border energy investments.
Energy investments, effectively, are capital-intensive, long-lasting and highly-risky. This is particularly so as far as foreign energy investments are concerned. Investors investing in foreign Countries, in fact, are particularly exposed to non-commercial risks such as nationalizations, expropriations or discriminatory treatments. In order to carry out their investments and, more important, to protect them, therefore, said investors require proper guarantees on that their activities will not be undermined by unjustified or unreasonable measures which may be put into place by the host States. Of paramount importance, to this respect, is the prevision of impartial mechanisms for the settlement of disputes that may arise between foreign investors and host States concerning the activities carried out by the former in the territory of the latter. Indeed, a response to this need is represented by international arbitration, by which possible conflicts are settled by arbitral tribunals external to the host States’ judicial systems.
In the course of time, international law has provided for numerous instruments by which promoting and protecting foreign energy investments. The Energy Charter Treaty (ECT or “Treaty”) is the most relevant instrument to this regard, considering its geographical scope and the matters treated therein. As such, it represents the main attempt to provide for global rules on energy security. The ECT, in fact, encourages the energy cooperation between its around fifty Contracting Parties in a wide range of sectors, such as trade, transit, environmental protection and investment promotion and protection. As regards investment promotion and protection, the ECT provides for a regime which is unique at the international level. It safeguards energy investments by providing, in particular, for fair and equitable treatment, most constant protection and security, no discrimination and most favoured nation treatment standards. A major feature of the ECT investment regime is the prevision of an investor-State dispute settlement (ISDS) mechanism, laid down in Art. 26, by which investors can bring claims before international arbitral tribunals for alleged breaches of ECT investment commitments which undermine the investments made by them in host Countries.
Since the first dispute was filed on April 2001, namely AES Summit Generation Limited v. Republic of Hungary (ICSID Case No. ARB/01/4), nearly a hundred and seventeen arbitral proceedings have been incepted so far, eighty of which – amounting to about the 70% of all cases – have been commenced during the last six years. A state of things suggesting how the Treaty’s ISDS regime, after a slow start, has become an important tool by which energy investors can protect their investments.
Notwithstanding such a remarkable achievement, however, there are many shortcomings that prevent the ECT from becoming the reference legal framework for international energy security. To this respect, it is worth mentioning the non-participation of major economies such as the USA and China and the decision of Russia to not ratify the Treaty after having applied it provisionally until 2009. In addition, it is worth highlighting also the decision of Italy to withdraw – first and unique case – starting from 1 January 2016. The withdrawal took effect during a turning point of the ECT: by that time, the ISDS mechanism had just started to be fully-tested by investors, especially within the EU context; in addition, the Treaty was experiencing a process of relaunching and updating which culminated with the adoption of the International Energy Charter, a political declaration aimed at bringing the ECT in line with current challenges in energy security.
While Italy’s withdrawal undisputedly undermined the authority of the Treaty, it had the merit of reviving the doctrinal debate on unsettled and not entirely explored issues concerning its application, especially within the EU context. To this respect, the issues posed by the mixed accession of the EU and its Member States to the ECT stand out. For long, the doctrine has pointed out many interpretative concerns about to what extent the Treaty, in particular the investment regime and, more specifically, its ISDS mechanism, applies to relations between EU Member States and between them and the EU. Following the Italian withdrawal, such issues have gained new momentum and are likely to be explored more in depth in the foreseeable future.
This thesis examines three broad subjects: the attempt of the ECT to become the reference set of rules on international energy security; the many issues posed by the mixed accession of the EU and its Member States to it; the implications of the Italian withdrawal in terms of investment promotion and protection. Accordingly, this work consists of three chapters.
Chapter I provides for an overview of the ECT as the reference set of rules on international energy security. To this respect, it describes the main steps of the Energy Charter process, i.e. the process that, starting with the European Energy Charter of 1991 and arriving to the International Energy Charter of 2015, led to the adoption of the ECT on 1994 and its entering into force on 1998. Moreover, the chapter describes the main fields of energy cooperation dealt with by the ECT, markedly trade, transit and, more important, investment promotion and protection. The purpose of the chapter is to point out the importance of the Treaty for the promotion and protection of energy investments and the complex issues that prevent its vocation to become the reference international framework for global energy security.
Chapter II focuses on the complex procedural issues that the mixed accession of the EU and its Member States poses with respect to the ECT ISDS mechanism. After having examined the status of the EU as a REIO party to the ECT, the qualification of the latter as a “mixed agreement” under EU law and the division of competences within the EU on the matters dealt with by it, the chapter focuses on the following issues: questions of international responsibility of the EU and its Member States for the performance and for breaches of ECT investment provisions; the applicability of the ECT investment regime and, more specifically, its ISDS mechanism, to EU internal relations; the relevance and, more specifically, the applicability of EU law in investor-State disputes filed under Art. 26; the relationship between EU law and the ECT.
Chapter III deals, in the first place, with Italy’s withdrawal from the ECT. More precisely, the chapter investigates the reasons of the withdrawal and its consequences in terms of investment promotion and protection and on the future of the Energy Charter process. In the second place, the chapter examines the disputes filed against the Italian State under Art. 26. To this regard, after having taken into account the wider context of the ECT ISDS regime and the reasons of the sudden raise of disputes against Italy, it focuses on two cases, namely Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic (ICSID Case No. ARB/14/3) and Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. ARB/15/50). Both cases are still pending. As to earlier, which is the first case filed against Italy under Art. 26 ECT, an award has been rendered by the tribunal established to settle the dispute. Currently, a proceeding for annulment of the award is underway. Regarding the latter, a decision on an application under Rule 41(5) of the ICSID Rules of Procedures for Arbitration Proceedings has been rendered by the tribunal constituted to settle the controversy.
Finally, the work is closed by some conclusive remarks with respect to the matters treated therein.
As it will be seen, the issues discussed in this thesis have found – and indeed are increasingly founding – much attention in academic and specialised literature, since they touch very sensitive questions of international, EU and national law. Said issues, however, are far from being comprehensively investigated by the doctrine. As things stand, in the course of the analysis, the state of the art of the doctrinal debate will be taken into account first. Then, the issues at hand will be examined in light of relevant ECT case law. To this respect, some of the awards and decisions rendered by ECT arbitral tribunals – notably those established to settle disputes involving EU Member States and investors therefrom – will be examined with particular attention. By following this methodology, it will be possible to appreciate how said issues emerge or are likely to emerge in investment disputes and are or are likely to be dealt with by ECT arbitral tribunals. In other words, it will be possible to appreciate how said issues affect, in practice, the ECT and process.
The aim of the present investigation is to contribute to the debate on the ECT and process, a debate which has just started, and which is likely to get academics and practitioners busy in the future. To this respect, it must be highlighted that ECT practice, now more than ever, is in a state of constant evolution. As a result, additional food for thought is likely to emerge in the future.
Indeed, this work is the result of a research started in February 2015 at the Centre for Climate Change, Energy and Environmental Law of the University of Eastern Finland and completed in Rome on August 2018. In the intervening period, subsequent decisions and awards rendered by ECT arbitral tribunals as well as by the Court of Justice of the EU – namely the Achmea Judgement rendered on March 2018 – shed some light on the issues discussed in this work while at the same time raised new questions and interpretative concerns, with the result that a constant work of adaption has been necessary in order to take into account the latest developments on the matter. Accordingly, this work can be seen as a starting point for addressing the many interpretative issues which affect the ECT and which will assume further complexity as far as new awards and decisions are rendered by ECT arbitral tribunals.
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Špaček, Metod. "Kodifikace pravidel diplomatické ochrany." Doctoral thesis, 2012. http://www.nusl.cz/ntk/nusl-311816.
Full textAbstract:
This thesis deals with one of the modern topics of international law - diplomatic protection. It provides for its comprehensive assessment from a wider and deeper perspective on the background of the codification process, which culminated in 2006, when the International Law Commission (ILC) adopted 19 Draft Articles on Diplomatic Protection. In the current state of international law, diplomatic protection is based on customary international law. It is an instrument to protect nationals (be it a natural or legal person) by their state of nationality, if they injured by another (host) state in violation of international law. Under the current definition, diplomatic protection means the invocation (through peaceful means) by a state of the responsibility of another state for an injury caused to a national by an internationally wrongful act of that another state. The aim of diplomatic protection is to implement this responsibility. The application and exercise of diplomatic protection is considered to be a sovereign, discretional right of the state, although the thesis points out the some recent developments in international law towards the need to recognize the rights and interests of the individual, as well as the constitutional practice of some states guaranteeing its citizens a (domestic) right to...