Brill Research Perspectives in International Investment Law and Arbitration最新文献

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The Dilemma of Consent to International Arbitration in Investment Agreements without a Forum 无论坛投资协议同意国际仲裁的困境
Brill Research Perspectives in International Investment Law and Arbitration Pub Date : 2023-02-14 DOI: 10.1163/24055778-12340012
Fernando Tupa
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引用次数: 0
The Resurgence of the Unified Arab Investment Agreement and the Organisation for Islamic Cooperation Investment Agreement 《阿拉伯统一投资协定》和《伊斯兰合作组织投资协定》的复苏
Brill Research Perspectives in International Investment Law and Arbitration Pub Date : 2022-08-31 DOI: 10.1163/24055778-12340011
M. Wahab, K. Duggal
{"title":"The Resurgence of the Unified Arab Investment Agreement and the Organisation for Islamic Cooperation Investment Agreement","authors":"M. Wahab, K. Duggal","doi":"10.1163/24055778-12340011","DOIUrl":"https://doi.org/10.1163/24055778-12340011","url":null,"abstract":"\u0000 Multilateral investment treaties (MIT s) are international legal instruments whose purpose is to, inter alia, facilitate social and economic cooperation on regional and/or global scales. While there is abundant literature and decisions on MIT s generally, there has been scant analysis of such instruments executed in the Arab and Muslim-majority worlds.\u0000 This book discusses two such instruments: the Unified Agreement for the Investment of Arab Capital in the Arab States and the Organisation of Islamic Cooperation Agreement for Promotion, Protection and Guarantee of Investments Among Member States. These investment agreements are among the oldest MIT s in the modern world. The UAA was approved at the 11th Arab Summit Conference held in Amman, Jordan, in November 1980. The OIC Agreement was opened for signature on June 1–5, 1981 and entered into force on February 25, 1988. It is only recently, however, that these two long-dormant treaties have acquired special significance. This book provides a comprehensive, critical review of these two treaties that remain to be fully tested and utilized.","PeriodicalId":448859,"journal":{"name":"Brill Research Perspectives in International Investment Law and Arbitration","volume":"46 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132149875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Threading the Sovereign’s Needle 穿针引线
Brill Research Perspectives in International Investment Law and Arbitration Pub Date : 2021-06-24 DOI: 10.1163/24055778-12340010
A. Leventhal
{"title":"Threading the Sovereign’s Needle","authors":"A. Leventhal","doi":"10.1163/24055778-12340010","DOIUrl":"https://doi.org/10.1163/24055778-12340010","url":null,"abstract":"\u0000An investor-State tribunal enjoys significant authority once a dispute is referred to it. Among a tribunal’s unquestioned powers is the power to order interim relief—including with respect to the most sovereign of a State’s conduct: its enforcement of its criminal law. In exercising these powers, an investor-State tribunal goes beyond the role traditionally assigned to it—i.e. to award damages for prejudice caused by a treaty breach—and dictates sovereign conduct. While the applicable treaty, arbitral rules, or law of the seat may not offer specific instructions, arbitral tribunals deciding on such interim relief requests can rely on a significant body of case law. That case law reflects a coherent approach to a thorny question, even though outcomes may vary. This article will deconstruct that coherent approach—from the foundations of the tribunal’s authority to order interim relief in respect to pendant criminal proceedings, to the rights that such relief may protect, to the requirements for ordering such relief, as well the effect of such relief and its duration in addition to any recourse for non-compliance.","PeriodicalId":448859,"journal":{"name":"Brill Research Perspectives in International Investment Law and Arbitration","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128267605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standards of Proof 投资者-国家法庭适用的国际公法证据原则:举证责任和标准
Brill Research Perspectives in International Investment Law and Arbitration Pub Date : 2019-01-02 DOI: 10.1163/24055778-12340005
K. Duggal, W. Cai
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引用次数: 0
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