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Applicable Law in Investor-State Arbitration

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Book Series: Oxford monographs in international law ISBN: 9780199656950 Year: Pages: 343 DOI: 10.1093/acprof:oso/9780199656950.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Law
Added to DOAB on : 2013-09-21 22:37:44
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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

Hitler – Beneš – Tito

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ISBN: 9783700173090 Year: Pages: 306 Seiten DOI: 10.26530/OAPEN_461692 Language: German
Publisher: Verlag der Österreichischen Akademie der Wissenschaften Grant: Austrian Science Fund - PUB 52
Added to DOAB on : 2013-12-15 10:04:55
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Communities of conflict within Austrian-Hungary (especially in Bohemian and south Slav lands); the domestic and foreign policies of Czechoslovakia and Yugoslavia in the interwar-period; the Nazi policies of conquest and occupation in Bohemia, Moravia, Serbia, Bosnia-Herzegovina, and Slovenia, finalliy the issue of history and memory east and west of the Iron Curtan.

Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship

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ISBN: 9788376560144 Year: Pages: 242 DOI: 10.2478/9788376560144 Language: English
Publisher: De Gruyter
Subject: Environmental Sciences
Added to DOAB on : 2013-11-18 14:14:57
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Giulia Parola’s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola’s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists.Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law).In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.

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