首页 >
法律 >
证劵法 >
Towards Consistency in International Investment Jurisprudence: A Preliminary Ruling System for ICSID Arbitration

Towards Consistency in International Investment Jurisprudence: A Preliminary Ruling System for ICSID Arbitration

作者： Katharina Diel-Gligor
出版商： Brill Nijhoff
ISBN: 9789004337909
出版时间 March 2017
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

RM1,561.23

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细

Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large.

In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration.

The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
Acknowledgements
List of Abbreviations
Introduction
A. Subject Area: International Investment Law and Arbitration
B. Central Problem: Inconsistency in International Investment Jurisprudence
C. Central Goal: Targeted, Effective and Feasible Approach for Reform
D. Research Questions and Hypotheses
E. Research Methods
F. Course of Investigation
Chapter 1 – Contextual Framework and Object of Study
A. Preliminary Considerations
B. Contextual Framework: International Investment Law and Arbitration
I. Development of (Inter-) National Investment Law and Policy
II. Development of International Investment Arbitration
C. Object of Study: ICSID Arbitration
I. Basic Information
II. Relative Strengths and Weaknesses: Comparative Law Analysis of ICSID and UNCITRAL Arbitration
III. Summary and Evaluation
D. Interim Conclusion
Chapter 2 – Analysis of Problem: Inconsistency in ICSID Investment Jurisprudence
A. Preliminary Considerations
I. “Consistency” and “Jurisprudence Constante” – Working Definitions and Premises
II. ICSID Jurisprudence in the Focus of Criticism – Rationales
B. Questions of Principle
I. Is Jurisprudential Consistency Desirable At All?
II. Is the Inconsistency Criticism Appropriate At All?
C. Forms of Inconsistencies
I. Same Dispute, but Multiple Proceedings
II. Different Disputes, but Same Legal Issues
III. Temporal Distinction: Parallel vs. Successive Proceedings
D. Causes of Inconsistencies
I. Systemic Causes: Basic Structures of ICSID Arbitration
II. Methodological Causes: Legal Interpretation in ICSID Arbitral Decisions
E. Occurences of Inconsistencies: Qualitative-Empirical Study
I. Law Governing Jurisdiction
II. Procedural Law
III. Substantive Law
IV. Summary and Evaluation
F. Interim Conclusion
Chapter 3 – Reform Proposal: Curing Inconsistent ICSID Investment Jurisprudence
A. Preliminary Considerations
B. Overview of Reform Proposals to Enhance Consistency
I. Instruments without ICSID Specificity
II. Instruments with ICSID Specificity
III. Evaluative Choice of the Preferable Instrument
C. Preferable Reform Proposal: Draft of an ICSID Preliminary Ruling System
I. Conceptual Models
II. Legal Implementation
III. Basic Structures
IV. Admissible Questions
V. Submission of Questions
VI. Course of Proceedings
VII. Effect of Preliminary Rulings
VIII. Summary and Evaluation
D. Interim Conclusion
Conclusion
A. Final Summary
B. Research Questions and Hypotheses: Answers and Confirmations
C. Prospects and Outlook
Summary in German
Annex
A. Annex to Chapter 1
B. Annex to Chapter 2
C. Annex to Chapter 3
Table of Cases
Bibliography

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: RM304.95

RM295.80 Save RM9.15 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): RM2,074.23


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: RM786.60

RM763.00 Save RM23.60 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: RM1,995.00

RM1,935.15 Save RM59.85 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: RM855.00

RM829.35 Save RM25.65 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: RM2,040.60

RM1,979.38 Save RM61.22 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: RM1,299.60

RM1,260.61 Save RM38.99 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: RM2,508.00

RM2,432.76 Save RM75.24 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: RM1,185.60

RM1,150.03 Save RM35.57 (3%)


Clough & Clough on Personal Injuries: List Price: RM855.00

RM829.35 Save RM25.65 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: RM1,140.00

RM1,105.80 Save RM34.20 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: RM1,026.00

RM995.22 Save RM30.78 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: RM1,026.00

RM995.22 Save RM30.78 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: RM1,425.00

RM1,382.25 Save RM42.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: RM1,822.86

RM1,768.17 Save RM54.69 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: RM1,620.51

RM1,571.89 Save RM48.62 (3%)


Hong Kong Company Law, 15th Edition: List Price: RM280.44

RM272.03 Save RM8.41 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: RM1,140.00

RM1,105.80 Save RM34.20 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: RM969.00

RM939.93 Save RM29.07 (3%)


Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition: List Price: RM1,197.00

RM1,161.09 Save RM35.91 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

Towards Consistency in International Investment Jurisprudence: A Preliminary Ruling System for ICSID Arbitration

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Towards Consistency in International Investment Jurisprudence: A Preliminary Ruling System for ICSID Arbitration

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title