Results 41 to 50 of about 375 (179)
Situating the ICJ's advisory opinion in the wider ecosystem of international climate litigation
Abstract Although international climate cases are a relatively recent phenomenon, the International Court of Justice's (ICJ) climate advisory opinion enters an increasingly well‐populated ecosystem of international climate jurisprudence. The ICJ's ruling, along with those of the International Tribunal for the Law of the Sea (ITLOS) and the Inter ...
Jacqueline Peel
wiley +1 more source
Fossil fuel feuds and the ICJ Advisory Opinion on Climate Change
Abstract The Advisory Opinion on Obligations of States in Respect of Climate Change by the International Court of Justice (ICJ) breaks new ground by clearly identifying fossil fuel production, licensing and subsidisation among the activities to which international climate change obligations apply, going as far as suggesting that such activities may ...
Harro van Asselt, Tejas Rao
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This article argues that the current way of thinking about ethics in sport in primarily biomedical terms, and in particular in terms of the presence of particular pharmaceutical substances, fails to account for broader notions of sporting ethics and fairness in the Global South.
Michael Crawley, Uroš Kovač
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Human rights issues in investment arbitration cases: A new perspective? [PDF]
This article addresses recent human rights matters in the context of treaty-based investment arbitration. After having analyzed two recent arbitral awards, Urbaser v. Argentina and Bear Creek v. Peru, the article argues that host states' counterclaims on
Begić-Šarkinović Taida
doaj
Foreign Investment Contracts and Scope of Host State Commitments Arising From Treaty [PDF]
Foreign investment are made by means of concluding a contract between the foreign investor and a public institute or entity of the host state.On the other side, the host state is often a part of a bilateral or multilateral investment treaty with the ...
afife gholami, tavakol habibzadeh
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ABSTRACT The Philip Morris lawsuits against Australia and Uruguay in the early 2010s highlighted the need to reform international investment agreement (IIA) practices to ensure that governments do not give up their regulatory autonomy for foreign investment. We undertook a policy analysis to reveal how interests, ideas and institutions shaped reform in
Dori Patay +3 more
wiley +1 more source
Abstract The United Nations Commission on International Trade Law (UNCITRAL) has produced the most robust international insolvency regime applicable to countries around the world. The Model Law on Cross‐Border Insolvency (1997) is widely accepted and already very popular among African countries.
Pontian N. Okoli
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THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE
This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view.
Burkhard Hess
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National identity after conquest
Abstract Conquering powers routinely adopt state‐directed nationalization projects that seek to make the boundaries of the nation coterminous with the (newly expanded) boundaries of the state. To this end, they implement policies that elevate the economic status of individuals who embrace the occupier's national identity and discriminate against those ...
Christopher Carter, Daniel W. Gingerich
wiley +1 more source
The existence ofthe arbitration clause in an agreement to hold the rights of the parties to submit the settlement of disputes to the Court. District Court was not authorized to adjudicate disputes which the parties have been bound in the arbitration ...
Citra Bakti Pangaribuan
doaj

