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International Arbitration and Investment Law

Works Count: 101374

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Description

This cluster of papers focuses on the impact of Bilateral Investment Treaties (BITs) on Foreign Direct Investment (FDI) and the related legal and economic implications. It explores topics such as investment treaty arbitration, regulatory expropriation, fair and equitable treatment, and the balance between state sovereignty and international law.

Keywords

Bilateral Investment Treaties; Foreign Direct Investment; Investment Treaty Arbitration; International Economic Law; Investor-State Disputes; Regulatory Expropriation; Fair and Equitable Treatment; Arbitration; State Sovereignty; International Law

The Role of the Judge in Public Law Litigation

1976-05-01

Abram Chayes

Principles of International Investment Law

2008-02-28

Rudolf Dolzer , Christoph H. Schreuer

Abstract This book outlines the principles behind the international law of foreign investment, focusing on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context, … Abstract This book outlines the principles behind the international law of foreign investment, focusing on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book introduces the principles of international investment law and arbitration.

Toward a Theory of Effective Supranational Adjudication

1997-11-01

Laurence R. Helfer , Anne-Marie Slaughter

Supranational adjudication in Europe is a remarkable and surprising success. Europe's two courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue … Supranational adjudication in Europe is a remarkable and surprising success. Europe's two courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present.Can the European experience of adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power to hear claims brought by private parties directly against national governments or against other private parties. Such supranational jurisdiction has allowed the European courts to penetrate the surface of the state, to forge direct relationships not only with individual citizens but also with distinct government institutions such as national courts. Over time, this penetration and the deepening relationships between jurists and domestic legal actors have led to the evolution of a of law, a web of nominally apolitical relations among subnational and legal actors.The simple provision of jurisdiction, however, is not a guarantee of effective adjudication. Drawing on the observations of scholars, practitioners, and judges, Professors Helfer and Slaughter develop a of factors that enhance the effectiveness of adjudication. They distinguish among those factors that are within the control of member states; those that are within the control of the judges themselves; and those that may be beyond the control of either states or judges. Isolating the factors in this way provides both a rough metric for evaluating the effectiveness of other tribunals and a potential set of prescriptions for judges on those tribunals seeking to enhance their institutions' effectiveness.After developing the checklist, Professors Helfer and Slaughter use it to analyze the United Nations Human Rights Committee (UNHRC). Although the UNHRC was established expressly as a committee of experts rather than a court, analysis of its recent practice reveals that it is becoming increasingly court-like. Moreover, within the constraints imposed by severely limited resources, UNHRC members are independently following many of the checklist prescriptions for increased effectiveness. The next step is for the organization to enter into a sustained dialogue with its European counterparts, harmonizing its decisions with theirs in some areas while consciously preserving its own distinctive jurisprudence in others. Structured and regular interaction between these tribunals would add additional voices to an emerging transjudicial conversation, potentially laying the foundation for a global community of law.

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Why LDCs Sign Treaties that Hurt Them: Explaining the Popularity of Bilateral Investment Treaties

1998-01-01

Andrew T. Guzmán

A serious analysis of Bilateral Investment Treaties (BITs) and their implications for both investment levels and the distribution of the gains from investment is timely. BITs have become the dominant … A serious analysis of Bilateral Investment Treaties (BITs) and their implications for both investment levels and the distribution of the gains from investment is timely. BITs have become the dominant international vehicle through which investment is regulated.

Multi-level governance

2016-06-24

Ian Bache , Ian Bartle , Matthew Flinders

This chapter considers the origins, development and key debates in multi-level governance (MLG). It argues that despite evolving as a core concept within and beyond academe MLG remains an under-developed … This chapter considers the origins, development and key debates in multi-level governance (MLG). It argues that despite evolving as a core concept within and beyond academe MLG remains an under-developed concept. To some degree this reflects the increasingly fluid governance processes it seeks to acknowledge and interrogate, but also points to the need for greater precision and rigour in the different types of MLG that combine in complex webs of modern governance. In particular we raise questions about the suitability for the analysis of contemporary governance of a binary formulation that has arisen to conceptualize different types of MLG. We see much overlapping, interconnection and blurring of the lines dividing the two types. A finer grain is required within each of the two types and between and beyond them in order to conceptualize variety and interconnectedness.

The Architecture of International Cooperation: Transgovernmental Networks and the Future of International Law

2002-01-01

Kal Raustiala

The prevailing form of international cooperation in the 20th century, known as liberal internationalism, is increasingly under attack. Based on multilateral treaties, often coupled to formal organizations, liberal internationalism has … The prevailing form of international cooperation in the 20th century, known as liberal internationalism, is increasingly under attack. Based on multilateral treaties, often coupled to formal organizations, liberal internationalism has drawn fire from many quarters. Some critics argue that international organizations threaten national sovereignty and ought to be curtailed. Others claim that globalization and the rise of NGOs are eclipsing state power. In response, transgovernmentalists argue that while that liberal internationalism is dying, the state is here to stay. Much contemporary international cooperation is not international at all: rather, it is occurring among discrete, specialized domestic agencies. These "transgovernmental networks" are expanding rapidly, particularly in regulation. Proponents believe that networks are "the blueprint for the international architecture of the 21st century". This article assesses the future of international cooperation by examining transgovernmental networks and evaluating their relationship to liberal internationalism. My central claim is that networks are a significant development in international law, but one likely to supplement and strengthen, rather than supplant, liberal internationalism.

The Emergence of Global Administrative Law

2005-01-01

Benedict Kingsbury , Nico Krisch , Richard B. Stewart

This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater … This paper, a distillation of findings from the NYU Global Administrative Law Research Project, considers the emergence and the need for further development of administrative law mechanisms to promote greater accountability in decisionmaking and rulemaking in the rapidly proliferating variety of global regulatory structures. These include formal international organizations (such as the WTO, the Security Council, World Bank, the Climate Change regime, etc), informal intergovernmental networks of domestic regulatory officials (such as the Basel Committee of national bank regulators), domestic authorities implementing global regulatory law, hybrid public-private and purely private transnational regulatory regimes. The subjects of such global regulatory systems include individuals, firms and other economic actors, states, and occasionally NGOs. These regimes and subjects, we argue, are part of a single global administrative space distinct from the domains of international law and domestic administrative law. We define global administrative law as the principles, procedures, and review mechanisms that are emerging to govern decisionmaking and regulatory rulemaking by these bodies. We identify a number of structural mechanisms that have arisen to develop and apply global administrative law, including domestic courts and legislatures reviewing domestic implementation of global standards and national officials' participation in global administrative decisions, and new mechanisms developed at the global level for governance of international and transnational regulatory bodies. We examine the sources and content of the various doctrinal principles and requirements that have been developed and enforced by these mechanisms (such as transparency, participation, reasoned decisionmaking, review, and substantive standards such as proportionality), and their sources. We next consider the normative foundations of global administrative law, including intra-regime control, liberal notions of protection of the rights of individuals and of economic actors, protection of the rights of states, and securing democracy with respect to global regulation. We examine these normative foundations in relation to three conceptions of international ordering - pluralist, solidarist, and cosmopolitan - and in relation to North-South differences. We then consider different strategies for constructing global administrative law, including bottom-up approaches that seek to extend domestic administrative law to global regulatory decisions and top-down approaches that develop new administrative law mechanisms at the global level. We also examine the positive political theory of global administrative law. We conclude that the field of global administrative law is an important emerging phenomenon, distinct from international law and from domestic administrative law, that deserves systematic study and development.

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'The Claim is Time-Barred': The Proper Limitation Regime for International Sales Contracts in International Commercial Arbitration

2007-06-01

Ingeborg Schwenzer , Simon Manner

In an international commercial setting, in most cases parties to a sales contract add, albeit last minute, a choice of law and an arbitration clause. But they seldom, if at … In an international commercial setting, in most cases parties to a sales contract add, albeit last minute, a choice of law and an arbitration clause. But they seldom, if at all, think of limitation periods that may bar their possible claims, and especially which law may be applied to this difficult and often crucial question. This fact burdens the arbitral tribunal with the difficult task of ascertaining the proper limitation regime for an international sales contract. This article examines the diversity of domestic rules in this field, compares them with international instruments regulating international sales of goods and limitation of actions, and analyses if and how arbitration rules give guidance to arbitrators in regard to the determination of the applicable and also, proper limitation regime for an international sales contract.

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The Semi-Professions and Their Organization

1970-11-01

Virginia Olesen , Amitaï Etzioni

The Fate of Public International Law: Between Technique and Politics

2007-01-01

Martti Koskenniemi

Public international law hovers between cosmopolitan ethos and technical specialization. Recently, it has differentiated into functional regimes such as ‘trade law’, ‘human rights law’, ‘environmental law’ and so on that … Public international law hovers between cosmopolitan ethos and technical specialization. Recently, it has differentiated into functional regimes such as ‘trade law’, ‘human rights law’, ‘environmental law’ and so on that seek to ‘manage’ global problems efficiently and empower new interests and forms of expertise. Neither of the principal legal responses to regime‐formation – constitutionalism and pluralism – is adequate, however. The emergence of regimes resembles the rise of nation States in the late nineteenth century. But if nations are ‘imagined communities’, so are regimes. Reducing international law to a mechanism to advance functional objectives is vulnerable to the criticisms raised against thinking about it as an instrument for state policy: neither regimes nor states have a fixed nature or self‐evident objectives. They are the stories we tell about them. The task for international lawyers is not to learn new managerial vocabularies but to use the language of international law to articulate the politics of critical universalism.

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Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order

1998-03-01

Heinz Klug , Yves Dezalay , Bryant G. Garth

In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has … In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace. Building on Pierre Bourdieu's structural approach, this book shows how an informal, settlement-oriented system became formalized and litigious. Using mulitple examples, the book explores how international developmetns can transform domestic methods for handling disputes and analyzes the changing prospects for international business dispute resolution given the growin presence of such international market and regulatory institutions as the EEC, WTO and NAFTA.

The Law and Practice of International Commercial Arbitration

1987-02-01

Alan Redfern , Martín Hunter

Regulating Business by Independent Commission

1956-07-01

David Dale Martin , Marver H. Bernstein

Do regimes matter? Epistemic communities and Mediterranean pollution control

1989-01-01

Peter M. Haas

International regimes have received increasing attention in the literature on international relations. However, little attention has been systematically paid to how compliance with them has been achieved. An analysis of … International regimes have received increasing attention in the literature on international relations. However, little attention has been systematically paid to how compliance with them has been achieved. An analysis of the Mediterranean Action Plan, a coordinated effort to protect the Mediterranean Sea from pollution, shows that this regime actually served to empower a group of experts (members of an epistemic community), who were then able to redirect their governments toward the pursuit of new objectives. Acting in an effective transnational coalition, these new actors contributed to the development of convergent state policies in compliance with the regime and were also effective in promoting stronger and broader rules for pollution control. This suggests that in addition to providing a form of order in an anarchic international political system, regimes may also contribute to governmental learning and influence patterns of behavior by empowering new groups who are able to direct their governments toward new ends.

The Art and Science of Negotiation.

1984-08-01

John D. Hey , Howard Raiffa

Prologue Part I: Overview 1. Some Organizing Questions 2. Research Perspectives Part II: Two Parties, One Issue 3. Elmtree House 4. Analytical Models and Empirical Results 5. Settling Out of … Prologue Part I: Overview 1. Some Organizing Questions 2. Research Perspectives Part II: Two Parties, One Issue 3. Elmtree House 4. Analytical Models and Empirical Results 5. Settling Out of Court 6. The Role of Time 7. Acquisitions and Mergers 8. Third-Party Intervention 9. Advice for Negotiators Part III: Two Parties, Many Issues 10. AMPO versus City 11. Tradeoffs and Concessions 12. The Panama Canal Negotiations 13. Risk Sharing and Insecure Contracts 14. The Camp David Negotiations 15. Mediation of Conflicts 16. Arbitration of Disputes Part IV: Many Parties, Many Issues 17. Coalition Analysis 18. The Law of the Sea 19. Fair Division 20. Willingness to Pay for a Public Good 21. Environmental Conflict Resolution 22. The Mariner Space Probes 23. Voting Part V: General Concerns 24. Getting People to Communicate 25. Ethical and Moral Issues Epilogue Bibliography Index

Arbitration Without Privity

1995-09-01

J. Paulsson

Arbitration Without Privity Jan Paulsson Jan Paulsson Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, Volume 10, Issue 2, … Arbitration Without Privity Jan Paulsson Jan Paulsson Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, Volume 10, Issue 2, Fall 1995, Pages 232–257, https://doi.org/10.1093/icsidreview/10.2.232 Published: 01 October 1995

Fragmentation of International Law? Postmodern Anxieties

2002-09-01

Martti Koskenniemi , Päivi Leino

Successive ICJ Presidents have expressed concern about the proliferation of international tribunals and substantive fragmentation of international law. This is not a new phenomenon. International law has always lacked a … Successive ICJ Presidents have expressed concern about the proliferation of international tribunals and substantive fragmentation of international law. This is not a new phenomenon. International law has always lacked a clear normative and institutional hierarchy. The problem is more how new institutions have used international law to further new interests, especially those not predominant in traditional law. The anxiety among ICJ judges should be seen less as a concern for abstract “coherence” than a worry about the demise of traditional principles of diplomatic law and the Court's privileged role as their foremost representative. As jurisdictional conflicts reflect divergent political priorities, it is unclear that administrative co-ordination can eliminate them. This does not, however, warrant excessive worries over fragmentation; it is an institutional expression of political pluralism internationally.

Legalized Dispute Resolution: Interstate and Transnational

2000-01-01

Robert O. Keohane , Andrew Moravcsik , Anne-Marie Slaughter

We identify two ideal types of international third-party dispute resolution: interstate and transnational. Under interstate dispute resolution, states closely control selection of, access to, and compliance with international courts and … We identify two ideal types of international third-party dispute resolution: interstate and transnational. Under interstate dispute resolution, states closely control selection of, access to, and compliance with international courts and tribunals. Under transnational dispute resolution, by contrast, individuals and nongovernmental entities have significant influence over selection, access, and implementation. This distinction helps to explain the politics of international legalization—in particular, the initiation of cases, the tendency of courts to challenge national governments, the extent of compliance with judgments, and the long-term evolution of norms within legalized international regimes. By reducing the transaction costs of setting the process in motion and establishing new constituencies, transnational dispute resolution is more likely than interstate dispute resolution to generate a large number of cases. The types of cases brought under transnational dispute resolution lead more readily to challenges of state actions by international courts. Transnational dispute resolution tends to be associated with greater compliance with international legal judgments, particularly when autonomous domestic institutions such as the judiciary mediate between individuals and the international institutions. Overall, transnational dispute resolution enhances the prospects for long-term deepening and widening of international legalization.

Global covenant: the social democratic alternative to the Washington consensus

2005-09-01

David Held

Figures, Boxes and Tables. Preface. Acknowledgements. Abbreviations. Introduction. PART I: ECONOMICS. 1. Economic Globalization. 2. Globalization, Stratification and Inequality. 3. The Regulation of Economic Globalization: A New Policy Mix. PART … Figures, Boxes and Tables. Preface. Acknowledgements. Abbreviations. Introduction. PART I: ECONOMICS. 1. Economic Globalization. 2. Globalization, Stratification and Inequality. 3. The Regulation of Economic Globalization: A New Policy Mix. PART II: POLITICS. 4. Political Globalization. 5. Globalization and the Challenges to Governance. 6. The Reform of Global Governance. PART III: LAW. 7. Sovereignty and the Changing Structure of International Law. 8. Liberal International Sovereignty: Achievements and Limitations. 9. The Development of Global Rules. PART IV: THE NEW AGENDA. 10. Toward a Global Covenant: Global Social Democracy. Appendix: The Basis of a New Internationalism: Cosmopolitan Principles. References. Index

Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order

1997-01-01

Ruth Buchanan

This book by Yves Dezalay and Bryant Garth, both a major empirical and theoretical contribution, has arrived at a propitious time for law and society scholars. If our discipline is … This book by Yves Dezalay and Bryant Garth, both a major empirical and theoretical contribution, has arrived at a propitious time for law and society scholars. If our discipline is not in crisis, it is certainly in a period of transition. As “globalization” has monopolized the attention of policymakers, journalists, futurists, politicians, and the business elite, scholars in law and society have not been far behind. Meetings of the Law and Society Association have become notably more international in their objects, if to a lesser extent in membership and attendance. As our scholarship ventures with more regularity over, under, and beyond the boundaries of nation-states, we encounter new conceptual, methodological, and practical challenges, as well as the exacerbation of some more familiar difficulties. The work of Dezalay and Garth represents one of the most advanced and concerted efforts in our discipline to rise to this array of new (and old) challenges. The book's scope and ambitions are such that a reviewer is compelled to ask whether the authors have presented us with a new paradigm for research in sociology of law in the context of globalization. As I am only presumptuous enough to pose but not to answer that question, this review essay will document both the considerable promise and some possible limitations of the approach developed by Dezalay and Garth, in the hopes of using their work to spark a wider debate on the future of law and society scholarship in conditions of globalization.

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Law and Policy in International Business

1970-04-01

Eleanor H. Finch

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content. An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.

Informal International Lawmaking

2012-09-27

Joost Pauwelyn , Ramses A. Wessel , Jan Wouters

Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of … Informal international lawmaking (IN-LAW) is on the rise. It seems to fall outside the strictures of both domestic law as well as international law. Hence, this activity raises questions of accountability deficit. The book's aim is to be empirical and problem-oriented. It intends to gauge whether there is a problem related to informal international lawmaking and, if so, to think about how to solve this problem in a way that can assist policy-makers and their stakeholders. The book distinguishes informal lawmaking from traditional lawmaking by focusing on the actors, process, and output. It arg ... More

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Strengthening international regulation through Transnational New Governance : Overcoming the orchestration deficit

2009-03-01

Kenneth W. Abbott , Duncan Snidal

Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000

2006-10-01

Zachary Elkins , Andrew T. Guzmán , Beth A. Simmons

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. The proliferation of BITs … Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. The proliferation of BITs during the past two decades in particular has been phenomenal. These intergovernmental treaties typically grant extensive rights to foreign investors, including protection of contractual rights and the right to international arbitration in the event of an investment dispute. How can we explain the widespread adoption of BITs? We argue that the spread of BITs is driven by international competition among potential host countries—typically developing countries—for foreign direct investment. We propose a set of hypotheses that derive from such an explanation and develop a set of empirical tests that rely on network measures of economic competition as well as more indirect evidence of competitive pressures on the host to sign BITs. The evidence suggests that potential hosts are more likely to sign BITs when their competitors have done so. We find some evidence that coercion and learning play a role, but less support for cultural explanations based on emulation. Our main finding is that the diffusion of BITs is associated with competitive economic pressures among developing countries to capture a share of foreign investment. We are agnostic at this point about the benefits of this competition for development.For useful comments on earlier drafts of this article, we thank Bill Bernhard, Bear Braumoeller, Frank Dobbin, Robert Franzese, Jeffry Frieden, Geoffrey Garrett, Tom Ginsburg, Jude Hays, Lisa Martin, Bob Pahre, Mark Ramsayer, Steven Ratner, Susan Rose-Ackerman, and John Sides. For research assistance, we thank Elizabeth Burden, Raechel Groom, and Alexander Noonan.

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The Concept of Legalization

2000-01-01

Kenneth W. Abbott , Robert O. Keohane , Andrew Moravcsik +2 more

We develop an empirically based conception of international legalization to show how law and politics are intertwined across a wide range of institutional forms and to frame the analytic and … We develop an empirically based conception of international legalization to show how law and politics are intertwined across a wide range of institutional forms and to frame the analytic and empirical articles that follow in this volume. International legalization is a form of institutionalization characterized by three dimensions: obligation, precision, and delegation. Obligation means that states are legally bound by rules or commitments and therefore subject to the general rules and procedures of international law. Precision means that the rules are definite, unambiguously defining the conduct they require, authorize, or proscribe. Delegation grants authority to third parties for the implementation of rules, including their interpretation and application, dispute settlement, and (possibly) further rule making. These dimensions are conceptually independent, and each is a matter of degree and gradation. Their various combinations produce a remarkable variety of international legalization. We illustrate a continuum ranging from “hard” legalization (characteristically associated with domestic legal systems) through various forms of “soft” legalization to situations where law is largely absent. Most international legalization lies between the extremes, where actors combine and invoke varying degrees of obligation, precision, and delegation to create subtle blends of politics and law.

Do bilateral investment treaties increase foreign direct investment to developing countries?

2005-08-19

Eric Neumayer , Laura Spess

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The International Diversification Puzzle is Worse Than You Think

1995-02-01

Marianne Baxter , Urban J. Jermann

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Anatomy and Consequences of Exchange Control Regimes

1979-10-01

Willard E. Witte , Jagdish N. Bhagwati

Some Fundamental Legal Conceptions as applied in judicial reasoning

1913-01-01

Hohfeld

Administrative argument

1992-01-01

The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .

1981-01-01

William L. F. Felstiner , Richard Abel , Austin Sarat

The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes … The emergence and transformation of disputes, especially before they enter formal legal institutions, is a neglected topic in the sociology of law. We provide a framework for studying the processes by which unperceived injurious experiences are—or are not—perceived (naming), do or do not become grievances (blaming) and ultimately disputes (claiming), as well as for subsequent transformations. We view each of these stages as subjective, unstable, reactive, complicated, and incomplete. We postulate that transformations between them are caused by, and have consequences for, the parties, their attributions of responsibility, the scope of conflict, the mechanism chosen, the objectives sought, the prevailing ideology, reference groups, representatives and officials, and dispute institutions. We believe the study of transformations is important. Formal litigation and even disputing within unofficial fora account for a tiny fraction of the antecedent events that could mature into disputes. Moreover, what happens at earlier stages determines both the quantity and the contents of the caseload of formal and informal legal institutions. Transformation studies spotlight the issue of conflict levels in American society and permit exploration of the question of whether these levels are too low.

The SAGE Handbook of Organizational Institutionalism

2008-01-01

Royston Greenwood , Christine Oliver , Roy Suddaby +1 more

Some Fundamental Legal Conceptions as Applied in Judicial Reasoning

1913-11-01

Wesley Newcomb Hohfeld

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Regulating Business by Independent Commission

1955-12-31

Marver H. Bernstein

Fundamental Legal Conceptions as Applied in Judicial Reasoning

1923-05-01

George W. Goble , Wesley Newcomb Hohfeld , Walter Wheeler Cook

Whether Delegation or Assistance: Clarifying the Role of Tribunal Secretaries in ICC Arbitration

2025-06-25

Tariq K. Alhasan | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

The Administrative State: Features, Merits and Demerits in Modern Governance

2025-06-25

Akbar Ali , Faiz Shah | International Journal of Science and Research (IJSR)

International investment law and digital states: the case of Tuvalu

2025-06-24

Soo-hyun Lee | Transnational Legal Theory

International Investment Law and NCD Prevention

2025-06-24

| Bristol University Press eBooks

International Investment Law and NCD Prevention

2025-06-24

Amandine Garde , Gregory Messenger | Bristol University Press eBooks

No Surprises Act Arbitrators Vary Significantly In Their Decision Making Patterns

2025-06-24

| Forefront Group

Exploring Investment Arbitration Issues in Front of German Courts: How Far Does the Komstroy Shadow Reach?

2025-06-24

Agata Daszko | German Yearbook of International Law

Success in cross-border M&A deals: can ESG performance be a countervailing force against political risk?

2025-06-23

Abay Mulatu , Boying Xu | Economics and Business Letters

This paper explores how acquiring firms from emerging markets can mitigate political-risk concerns from host countries in Cross-Border Mergers & Acquisitions (CBM&As) deals by leveraging their Environmental, Social, and Governance … This paper explores how acquiring firms from emerging markets can mitigate political-risk concerns from host countries in Cross-Border Mergers & Acquisitions (CBM&As) deals by leveraging their Environmental, Social, and Governance (ESG) practices. Utilizing data from Chinese CBM&As activities from 2010 to 2018, we find that while relative political risk concerns deter deal completion rate, higher ESG standards of acquirer firms reduce this deterrence effect. The results remain robust to considering ‘duration of deal completion’ as an alternative variable and when splitting the target sample countries into developed and emerging economies. The key conclusion is that emerging market multinational companies can effectively employ ESG as a strategic tool for internationalisation, enabling them to overcome some of the inherent ‘liabilities of origin’.

Transparency as a democracy enhancer in investment arbitration

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract This chapter examines the EU’s response to the global call for greater transparency in investment arbitration. Although the EU initially lagged in recognizing transparency as a democratic principle, it … Abstract This chapter examines the EU’s response to the global call for greater transparency in investment arbitration. Although the EU initially lagged in recognizing transparency as a democratic principle, it quickly aligned with international trends favouring openness during arbitral proceedings. However, the EU’s transparency agenda remains ambiguous. It is unclear whether the EU would compromise on transparency with countries like Japan, which traditionally oppose including transparency obligations in investment agreements. Furthermore, convincing some EU Member States to support in full the transparency initiative has been challenging. This is evidenced by the stagnation of the Commission’s proposal to sign the Mauritius Convention (in 2024), which has been obstructed by a few Member States for almost a decade. The chapter begins with an exploration of the challenges transparency presents within the investment system. It then provides a brief summary of how transparency—or the accessibility and availability of information—has evolved in the investment system and become part of a broader trend. It also analyses how the EU has addressed the demand for greater transparency in the investment regime. Finally, it highlights the ongoing ambiguities in the EU’s external action on transparency.

Rethinking public participation in investment decision-making

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract Investment treaties are fundamentally political choices that reflect specific socio-economic interests, raising questions about the decision-making processes behind them. This chapter explores how the EU’s efforts, despite a slow … Abstract Investment treaties are fundamentally political choices that reflect specific socio-economic interests, raising questions about the decision-making processes behind them. This chapter explores how the EU’s efforts, despite a slow start, have significantly expanded participation in investment law-making to include a broader range of interested and affected stakeholders. It highlights the EU’s attempts to address distortions caused by arbitral tribunals’ controversial reviews and sanctions on significant public policy matters, which often undermine democratic principles and affect various actors. Despite the ambitious nature of these efforts, they have not yet led to institutional changes of equivalent magnitude. Building on these premises, this chapter investigates the EU’s rethinking of public participation to foster democratic progress in investment decision-making. This process begins at the negotiation phase of an investment agreement and continues until an award is rendered in the event of a dispute. The chapter starts by outlining the complexities of the investment decision-making process, emphasizing that those most affected by foreign investments have rarely, if ever, been included in these decisions. It then addresses the growing public demands challenging this exclusive approach and examines the participatory mechanisms introduced by the EU to respond to public concerns about the legal and political processes underpinning investment rules, which can threaten democratic institutions. Guided by an idealistic vision of a Union of people, the EU strategically leverages global public opinion to build consensus around the European Commission’s agenda.

Introduction

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract Can the EU’s cherished values—democracy and the rule of law (Article 2 Treaty on European Union)—extend beyond its borders into the realm of international investments? This book moves away … Abstract Can the EU’s cherished values—democracy and the rule of law (Article 2 Treaty on European Union)—extend beyond its borders into the realm of international investments? This book moves away from advocating for an ‘EU model’ to be imposed or transplanted from the EU legal order into the international investment regime. Instead, it seeks to assemble evidence that suggests a projection of these EU values into international investment law and policy. By piecing together these traces, the book outlines the role the EU is playing in this evolving landscape. It explores whether the regime of international investments offers the EU a new political opportunity to shape the world according to the rules established in Brussels. Framing the narrative around the adjustments demanded by the investment regime’s enduring crisis, the book views these demands as opportunities to infuse the EU’s values of democracy and the rule of law. The EU’s promotion of its values responds to the demands of the investment regime—a process inherently teleological, since EU values serve as goal norms. This approach is congenial for bolstering the EU’s normative, economic, and political influence on a global scale. To uncover this EU shaping, this chapter lays the groundwork for the book. It delineates the EU’s concepts of democracy and the rule of law, introduces a tailored research methodology, and outlines the book’s structure and unfolding narrative.

Balance and legal certainty

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract This chapter focuses on the EU’s role in reconfiguring host states’ parameters of conduct as prescribed by investment agreements. This reconfiguration aims to balance the inherent uncertainty between attracting … Abstract This chapter focuses on the EU’s role in reconfiguring host states’ parameters of conduct as prescribed by investment agreements. This reconfiguration aims to balance the inherent uncertainty between attracting foreign capital and ensuring the host state’s development. While these objectives are not mutually exclusive, the investment regime lacks clarity regarding its primary goals. Consequently, the demand for balance within the investment regime often conceals a deeper demand for legal certainty. Although tribunals rarely mention legal certainty explicitly, the EU offers compelling tools to address both demands. Against this backdrop, the chapter introduces the issue of legal certainty within the investment regime and provides an overview of the EU’s approach. It then identifies where the EU’s approach could meet the demands for balance—and, implicitly, legal certainty—within the investment regime. The chapter goes on to discuss in greater detail the EU’s strategies for addressing both legal certainty and balance in its investment policy. Finally, some concluding observations wrap up the chapter.

EU Values in Investment Law And Policy

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract Inspired by the EU’s foundational promises of democracy and the rule of law, the book delves into how and to what extent these values have expanded into international investment … Abstract Inspired by the EU’s foundational promises of democracy and the rule of law, the book delves into how and to what extent these values have expanded into international investment law and policy. While the book is not an ode to the EU, it acknowledges the potential for the EU to leave an imprint on international investment dynamics. It is this potential that the book unravels, explaining how the problems within the international investment regime are turned into an opportunity for the EU to extend its normative values into a new field. Through a solid analytical foundation, the manuscript critically examines where the EU has been particularly innovative—or notably dogmatic—in (re)shaping the traditional rules of the international investment system. It also acknowledges the limits of the bold rhetoric that often surrounds the EU’s external actions, providing a nuanced view of its impact on global investment law.

Spreading values or pursuing interests? Some concluding observations on the EU’s role in international investment law and policy

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract This concluding chapter synthesizes the book’s exploration of the EU’s evolving role in investment law and policy, framing it as a dynamic and ongoing journey. As the EU has … Abstract This concluding chapter synthesizes the book’s exploration of the EU’s evolving role in investment law and policy, framing it as a dynamic and ongoing journey. As the EU has expanded, the world has become increasingly complex, interconnected, and global—making it less Eurocentric. While EU values have at times prominently shaped investment policy, at other times their impact has been minimal, overshadowed by the bureaucratic intricacies of its institutions. The book initially posed a fundamental question: can values like democracy and the rule of law extend beyond EU borders into the realm of international investments? This question remains open. As things stand, it seems unlikely that the EU will emerge as a global standard-setter solely on normative terms, particularly since not all its commercial partners are willing to embrace EU-specific frameworks without reservations. Strategic considerations may ensure some alignment with EU standards, but this is likely to heighten the tension between spreading values and pursuing interests, exposing the limitations of the EU’s influence. These constraints are evident across many of the systems with which the EU interacts and they have significantly shaped its engagement with the international investment regime, particularly concerning the operationalization of Article 2 TEU. Ultimately, the chapter reflects the EU’s broader struggle to reconcile its ideals with pragmatic realities in an ever-changing global landscape.

Judicializing investment arbitration

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract For balance to be functional, it must operate within a context of impartial and independent justice. Without this foundation, other principles of the rule of law lose their legal … Abstract For balance to be functional, it must operate within a context of impartial and independent justice. Without this foundation, other principles of the rule of law lose their legal impact. This configuration of justice is deeply rooted in the EU, providing a basis for effective judicial protection internally and potentially extending its reach internationally. From this standpoint, judicialization becomes a compelling strategy for promoting a rules-based, procedurally just, and legalized reorientation of other legal regimes. Regarding the investment arbitration system, this strategy holds the potential to address systemic malfunctions that perpetuate imbalances and offers a judicial pathway to political objectives that might not succeed through majoritarian decision-making—even if it requires the EU to compromise with international law. As this chapter posits, judicialization has evolved from merely ensuring respect for the rule of law to becoming the EU’s preferred method for steering other countries toward its vision. The chapter unfolds in three main stages. It begins by outlining the demands that have emerged from the investment system. After providing background on the evolution of the EU’s judicialization efforts, it discusses the responses put forward. It concludes the analysis by questioning whether the EU’s responses genuinely aim to correct the investment regime’s imbalances or whether they conceal a strategy to control EU Member States.

Limits of the EU action: Misplaced premises or entrenched interests?

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract This chapter synthesizes the analysis from Chapters 3 to 6, exploring whether and to what extent the EU has succeeded in embedding its cherished values of democracy and the … Abstract This chapter synthesizes the analysis from Chapters 3 to 6, exploring whether and to what extent the EU has succeeded in embedding its cherished values of democracy and the rule of law into the international investment regime. The findings are mixed, revealing inherent limitations in the EU’s approach that may undermine its ambitions to shape global investment law and policy according to its vision. Three significant problematic aspects emerge clearly, each rooted in the foundational premises of the EU’s promises. First, there is the issue of the EU’s identity within the international investment regime. Second, long-standing ontological constraints affect the relationship between the EU and its Member States. Third, ambivalences in the EU’s approach to international law and governance compromise the diffusion of EU values and cast doubt on the sincerity of its attempts to reform the international investment regime. The chapter concludes on a bittersweet note. While the EU’s ambivalences could potentially be a successful strategy from an output perspective—using its normative power as a means to an end through a ‘carrot and stick’ approach—this strategy ultimately undermines the EU’s ambition to forge a distinct identity as an international actor.

The EU investment law and policy

2025-06-22

Maria Laura Marceddu | Oxford University Press eBooks

Abstract This chapter explores the historical background and conditions that have shaped today’s EU investment law and policy. The process began in the 1980s, but it wasn’t until the Lisbon … Abstract This chapter explores the historical background and conditions that have shaped today’s EU investment law and policy. The process began in the 1980s, but it wasn’t until the Lisbon Treaty that the EU formally gained exclusive competence over foreign direct investments. Legally, the Lisbon Treaty represents a push towards ‘more Europe’: the Union is endowed with legal personality (Article 47 TEU), oversees all external actions (Article 218 TFEU), and extends its competences to services and foreign direct investments under the Common Commercial Policy (Article 207 TFEU). However, the emergence of the EU’s foreign direct investment policy was more a product of political chance and stealth than a deliberate political choice. This shift radically altered the multilayered governance of foreign investments in Europe, but the EU’s future role in international investment law remains uncertain. This chapter chronicles the key moments that led to the development of the EU’s international investment policy. It then examines the effects of EU external actions on the power dynamics between the EU and its Member States and among EU institutions, particularly the Commission, the Council, the Parliament, and the Court of Justice of the European Union. Finally, it draws conclusions on how these effects may shape the future direction of the EU’s international investment policy.

Historical Evolution and Modern Landscape of Arbitration: An Indian and International Perspective

2025-06-21

Divya Sharma Tushar | European Economic Letters (EEL)

The law of arbitration in India has undergone significant transformation, evolving from a rigid, court-centric dispute resolution mechanism to a more liberalized and party-autonomous process in tune with international standards. … The law of arbitration in India has undergone significant transformation, evolving from a rigid, court-centric dispute resolution mechanism to a more liberalized and party-autonomous process in tune with international standards. Rooted in the Arbitration Act of 1940[1], the legal framework has been substantially overhauled by the enactment of the Arbitration and Conciliation Act, 1996[2], modelled on the UNCITRAL Model Law. Subsequent amendments in 2015, 2019, and 2021 have sought to address procedural inefficiencies, institutionalize arbitration, and promote India as a hub for international commercial arbitration. However, despite progressive reforms, the Indian arbitration regime continues to grapple with several challenges judicial interference, delays in enforcement, lack of institutional infrastructure, and inconsistency in arbitral jurisprudence.

Comparative Analysis of ADR Systems in India and Pakistan: Legal Frameworks, Institutional Capacity, and Sociocultural Influences

2025-06-21

Hamid Mukhtar , Hafiz Abdul Rehman Saleem , Rabia Khalid | The critical review of social sciences studies

This paper makes a comparison of the ADR systems between India and Pakistan with their emphasis on the legal system, the level of institutions, the judiciary, and the sociocultural context. … This paper makes a comparison of the ADR systems between India and Pakistan with their emphasis on the legal system, the level of institutions, the judiciary, and the sociocultural context. The two nations have been influenced by a colonial legal system but follow different paths in the development and the acceptance of the alternative dispute resolution mechanisms. With her comprehensive legislative reforms backed by the judiciary and adequate institutional structures especially under the “Arbitration and Conciliation Act of 1996”, India has been able to emerge as a dominant force in ADR. However, Pakistan on the other hand, has made some progress with the ADR Act 2017, but faces difficult barriers to implementation, use of both customary political institutions such as Jirgas and a poor level of public information. The paper highlights the role of ADR in decreasing the volume of cases pending in courts, cost-effective methods of dispute settlements, and the administration of justice. With regard to differences and similarities the paper cites measures for both countries to increase the level of implementation of ADR, which ultimately means more efficient legal systems and peace in the society.

ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ ՀԱՆՐԱՅԻՆ ԾԱՌԱՅՈՂ ՊԱՏՐԱՍՏԵԼՈՒ (ԴԱՍՏԻԱՐԱԿԵԼՈՒ) ԱՌԱՆՁԻՆ ՄՈՏԵՑՈՒՄՆԵՐԻ ՇՈՒՐՋ

2025-06-20

Աշոտ Զալինյան | Armenian Journal of Public Administration / Հանրային կառավարում

Ժամանակակից հանրային կառավարումը չի կարող արդյունավետ իրականացվել առանց նոր աշխարհընկալման՝ ժամանակի պահանջին համահունչ ձևավորված և այն իրականացնող հանրային ծառայողների հանրույթի կազմավորման: Այսօր խիստ արդիական է դարձել ոչ միայն գործող հանրային … Ժամանակակից հանրային կառավարումը չի կարող արդյունավետ իրականացվել առանց նոր աշխարհընկալման՝ ժամանակի պահանջին համահունչ ձևավորված և այն իրականացնող հանրային ծառայողների հանրույթի կազմավորման: Այսօր խիստ արդիական է դարձել ոչ միայն գործող հանրային ծառայողներին նոր հմտություններով և կարողություններով հագեցնելը, վերապատրաստման միջոցով նրանց գիտելիքների մոդեռնացումը, այլ նաև հանրային ծառայություն մուտք գործելուն հոգեբանորեն պատրաստ՝ այդ կարգավիճակի վեհ արժեքն իմացող և ընկալող անձի ձևավորումը: Հարցը քննարկվել է ոչ միայն հանրային ծառայողին մասնագիտական գիտելիքներ տրամադրելու, այլև, ինչն առավել կարևոր է, զուտ անձի կարգավիճակից ելնելով՝ նրան որպես «պետության ծառա դաստիարակելու» տեսանկյունից: Հանրային կառավարողների հանրույթի ձևավորումը հնարավոր չէ դիտարկել առանց սոցիալականացման գործընթացի դիտարկման: Քննարկվող հարցի համատեքստում կարևոր է նաև հանրային ծառայողների յուրօրինակ խմբի ձևավորումը: Հոդվածում քննարկվում են «անձ-պետական ծառայողի»՝ «պետության ծառա» ձևավորելու համալիր գործընթացի առանձնահատկությունները, մեթոդներն ու սկզբունքները: Կարևորվում են անձի սոցիալականացման գործընթացները ժամանակակից աշխարհի մարտահրավերների լույսով: Առանձնահատուկ տեղ է հատկացված Անտիկ աշխարհում և Միջնադարում պետական ծառայող-մասնագետների պատրաստմանը ներկայացվող պահանջներին և գործընթացի մեթոդաբանության պարզաբանմանը:

Expansion and Contraction of Diplomacy

2025-06-20

Corneliu Bjola , Markus Kornprobst | Routledge eBooks

Making Dispute Resolution More Effective – Full Peer Review, Estonia (Cycle 1)

2025-06-20

| OECD/G20 base erosion and profit shifting project

Accroître l’efficacité des mécanismes de règlement des différends – Examen par les pairs complet, Canada (Cycle 1)

2025-06-20

| Projet OCDE/G20 sur l'érosion de la base d'imposition et le transfert de bénéfices

Making Dispute Resolution More Effective – Full Peer Review, Canada (Cycle 1)

2025-06-20

| OECD/G20 base erosion and profit shifting project

Let’s not argue: diplomatic legal talk and the issues of abortion and same-sex partnerships

2025-06-19

Monika de Silva | European Journal of International Relations

How does legal talk matter and how it is used in diplomatic practice? International law’s inherent openness to interpretation is an opportunity for states to shape it to their advantage … How does legal talk matter and how it is used in diplomatic practice? International law’s inherent openness to interpretation is an opportunity for states to shape it to their advantage through argumentation, a well-studied type of legal rhetoric. In this article, I investigate another avenue: legal openness can also be used in a way that actively maintains and reproduces it through ambiguous discourse, in a way that is consequential for the emergence (or lack thereof) of international norms and for the quality of relations between states. This article puts scholarship on international law in conversation with practice theory and diplomatic theory by arguing that international legal practice, including legal talk, depends on the logic of practicality of those who practice it. The article develops a theoretical framework of discursive uses of international law and employs it to the study of engagement of progressive states on the issues of abortion and same-sex partnerships in Poland. I conclude that diplomats construct ambiguity about their countries’ positions on how human rights square with the principle of non-interference. Consequently, international law is found as a discursive resource not only for argumentation in the interest of statecraft but also for maintenance of ambiguity in the interest of co-existence. Interestingly, these findings from a bilateral site stand in contrast with argumentative legal practice used in multilateral fora.

Les clauses de survie ( sunset clauses )

2025-06-19

Julien Cazala | Revue internationale de droit économique

Les traités d’investissement comportent fréquemment des dispositions prévoyant qu’après la fin de ces traités leurs dispositions continueront à protéger les investissements réalisés alors que le traité était en vigueur. Les … Les traités d’investissement comportent fréquemment des dispositions prévoyant qu’après la fin de ces traités leurs dispositions continueront à protéger les investissements réalisés alors que le traité était en vigueur. Les nombreux bouleversements du droit conventionnel des investissements conduisent à mettre en lumière ces clauses de survie (ou sunset clauses). Alors que les enjeux sont considérables, le régime applicable à ces clauses est traversé de nombreuses controverses. Le présent article entend présenter les difficultés auxquelles peuvent donner lieu ces clauses de survie et souligne qu’il serait hautement souhaitable que les États parties à des traités d’investissement apportent une plus grande précision à la manière dont elles sont rédigées. Cela devrait permettre de préciser le champ d’application et les effets desdites clauses tout en apportant les garanties nécessaires en matière de neutralisation de celles-ci.

The Rise of Freedom of Trade and Absolute Property

2025-06-19

George Yerby | Routledge eBooks

Prudential requirements

2025-06-19

Mark Hsiao | Edward Elgar Publishing eBooks

Settlement Facilitation by Arbitral Tribunals: Boosting Efficiency or Endangering Due Process Rights?

2025-06-19

Marko Došlić | Anali Pravnog fakulteta u Beogradu

The paper explores the concept of settlement facilitation by arbitral tribunals. After a brief overview of the relevant legislation regarding this practice, the paper focuses on different facilitating settlement measures … The paper explores the concept of settlement facilitation by arbitral tribunals. After a brief overview of the relevant legislation regarding this practice, the paper focuses on different facilitating settlement measures that are available to arbitral tribunals. Finally, the author evaluates the advantages and disadvantages of arbitral tribunals encouraging the parties to find an amicable resolution of their dispute after the arbitration proceedings commence. While it is evident that an early settlement can significantly increase the dispute resolution process efficiency, are there also risks associated with the practice of settlement facilitation?

Interim Measures in Arbitration: The Serbian Perspective

2025-06-19

Maja Stanivuković | Anali Pravnog fakulteta u Beogradu

This paper discusses interim measures that can be ordered by Serbian arbitral tribunals and the possibility of their domestic enforcement. The introduction examines the legal framework for interim measures under … This paper discusses interim measures that can be ordered by Serbian arbitral tribunals and the possibility of their domestic enforcement. The introduction examines the legal framework for interim measures under Serbian law and the arbitration rules that govern the majority of arbitrations in Serbia. Subsequent chapters discuss the interpretation of the domestic legislation available to the courts and arbitrators in Serbia when facing legal gaps concerning interim measures. The best practices are identified by using comparative legal models, paving the way for optimal judicial and arbitral decisions and better legislative solutions in the future. In the second chapter, the limits of the arbitral tribunal’s jurisdiction to order interim measures are determined based on a hypothetical example. The third chapter focuses on the decision-making process, types, conditions, and judicial enforcement of interim measures by domestic arbitral tribunals. The conclusion highlights the limited interpretative possibilities, which supports the need for legislative amendment.

Review of <i>Decision-Making in International Construction Arbitration</i> by Haytham Besaiso Routledge Taylor and Francis Group, Abingdon, Oxfordshire, United Kingdom, OX14; 2024; ISBN 978-1-03 229920-4; 233 pp.; $183.00.

2025-06-18

Andrew Agapiou | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Making Dispute Resolution More Effective – Simplified Peer Review, Bermuda (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

Making Dispute Resolution More Effective – Simplified Peer Review, Maldives (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

Making Dispute Resolution More Effective – Simplified Peer Review, Panama (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

Making Dispute Resolution More Effective – Simplified Peer Review, Bosnia and Herzegovina (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

Analyzing the Lack of International Commercial Arbitration Centers in Pakistan: A Comparative Study with Deployment Countries

2025-06-17

Sadaf Khan , Ansar Abbas Dharalah , Wakeel Ahmad +1 more | Social science review archives.

The study investigated what stop Pakistan from establishing an internationally respected commercial arbitration center, despite being part of the 1958 New York Convention. The study looked at Pakistan’s arbitration system … The study investigated what stop Pakistan from establishing an internationally respected commercial arbitration center, despite being part of the 1958 New York Convention. The study looked at Pakistan’s arbitration system next to mature arbitration systems in Asia, trying to understand legal, institutional and procedure issues, monitor court involvement trends and find out about the numbers of specialized arbitrators and how foreign investors view the Pakistani system. Questionnaires were used to survey 50 legal professionals (30 judges and 20 lawyers) in Pakistan’s legal centers to study their views on the arbitration system, its obstacles and possible reforms. All participants agreed that Pakistan’s arbitration system is not up to international standards because of courts interfering excessively (mentioned by 83.3% of judges and 75% of lawyers). The respondents strongly believed in the benefits of institutional reforms such as setting up arbitration centers (100%), offering specialized judicial training (100%) and working with well-known bodies such as the ICC and LCIA (100%). Lack of disagreement in the meetings revealed that systemic change was resisted. Many pointed out that Pakistan has old and weak laws, with few enforcements and said it could benefit economically from becoming an arbitration hub that brings in more foreign capital and eases the burden on courts. It was recommended that to establish the international commercial arbitration center in Pakistan. Foremost in the study’s conclusions was the reason that legal updates and improved capacity are needed at the national level for Pakistan to become a major place for arbitration.

Making Dispute Resolution More Effective – Simplified Peer Review, Côte d'Ivoire (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

Making Dispute Resolution More Effective – Simplified Peer Review, Uruguay (Stage 1)

2025-06-17

| OECD/G20 base erosion and profit shifting project

ASEAN membership expansion, spatial construction and ASEAN normative power: A comparative study of Brunei and Timor-Leste

2025-06-17

Yuhong Li | Masyarakat Kebudayaan dan Politik

As the most powerful organization in Southeast Asia, ASEAN’s normative power has become an important regional order for its member countries, and its primary task is to maintain the survival … As the most powerful organization in Southeast Asia, ASEAN’s normative power has become an important regional order for its member countries, and its primary task is to maintain the survival of Southeast Asian countries. However, in the process of forming the normative power of ASEAN, Brunei and Timor-Leste, two smaller countries, were treated differently. Therefore, this article attempts to use Brunei and Timor-Leste as examples to explore the impact of their accession to ASEAN on the normative power of ASEAN. This article uses historical analysis methods to compare the differences in interactions between ASEAN, Brunei, and Timor-Leste. This study finds that “trust” is the key to the differences in interaction between ASEAN and Brunei and Timor Leste. The normative power of ASEAN will only come into play when member states have ‘trust’ in its identity. At the same time, the state, which is trusted by other member states, can also shape the direction and strength of norms, strengthen the integration of the community, and thus drive the expansion of the space for order. This study concluded that although economic and security factors are important, the fundamental reason for the expansion and integration of ASEAN lies in ‘trust’.

Traditional multilateralism in the shadow of bilateralism: UN emanations in the international investment agreement regime

2025-06-17

Yoram Z. Haftel , Tomer Broude | Third World Quarterly