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International Centre for Settlement of Investment Disputes 4th ed (ICSID)

International Centre for Settlement of Investment Disputes 4th ed (ICSID)

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403524535
  • 出版时间 September 2020
  • 规格: Paperback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities.

    No other book gives such a clear, uncomplicated description of the ICSID’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, as well as procedural and substantive aspects of ICSID arbitration. Its competence, its financial management, are fully described.

    This fourth edition of the monograph has significantly expanded, not only as a result of updating the existing sections but also because of addition of several sections, important for better understanding of the process of dispute resolution such as dealing with evidence and damages, costs and fees. In addition, a separate chapter deals with non-investment obligations in international arbitration related to human rights and environment. This edition also pays more attention to concerns, expressed by states, investors and the civil society in relation to ICSID and ISDS. These include inconsistent decision-making, high costs of ICSID proceedings, the negative impact on sovereignty, contributing to an imbalance between the Global North and South, limited transparency and access to participation in proceedings by the third parties.

    Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of ICSID for all inter

  • List of Abbreviations
    Preface
    Part I. Development and Structure of ICSID
    Chapter 1. Introduction
    Chapter 2. ICSID and Investor-State Disputes
    Chapter 3. The ICSID Convention
    Chapter 4. ICSID Institutional Framework
    Part II. ICSID Conciliation and Mediation
    Chapter 1. ICSID as Facilitator of Mediation and Conciliation
    Chapter 2. ICSID Conciliation Mechanism
    Chapter 3. Challenges Facing Mediation and Conciliation
    Part III. ICSID Arbitration Mechanism
    Chapter 1. ICSID Arbitration Mechanism
    Chapter 2. Arbitration Tribunal
    Chapter 3. Jurisdiction (Competence)
    Chapter 4. Parties in ICSID Arbitration
    Chapter 5. Evidence in ICSID Arbitration
    Chapter 6. Damages in ICSID Arbitration
    Chapter 7. ICSID Costs and Fees
    Chapter 8. Remedies Against the Award
    Chapter 9. Recognition and Enforcement of ICSID Arbitration Awards
    Part IV. Applicable Substantive Law in ICSID Disputes
    Chapter 1. Choice of Substantive Law
    Chapter 2. International Substantive Law
    Chapter 3. Applicability of the ILC Articles on State Responsibility
    Chapter 4. Principles of International Investment Law
    Chapter 5. Non-investment Obligations in ICSID Arbitration
    Part V. ICSID in the Global Context
    Chapter 1. Concerns Related to ICSID
    Chapter 2. ICSID Reform
    Part VI. Documents
    Selected Bibliography
    Index

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