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The traditional arena of human rights discourse and practice made little or no allowance for the rapidly growing international phenomenon of bureaucratic corruption.1 In the recent past, states have consistently maintained that bureaucratic corruption, on the basis of the norm of...
Persistent link: https://www.econbiz.de/10008645089
This paper studies several relevant cases in the area of investment arbitration. The author stresses how the environmental protection is a very relevant issue in these ICSID´s decisions.
Persistent link: https://www.econbiz.de/10005079309
ABSTRACT On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Until August 2006, the DSU has since been applied to 348 complaints – more cases than dispute settlement under the GATT 1947 had dealt with in nearly five...
Persistent link: https://www.econbiz.de/10005616676
ABSTRACT On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Since 1998, negotiations to review and reform the DSU have taken place (‘DSU review’), without however yielding any result so far. This study proposes to...
Persistent link: https://www.econbiz.de/10005619379
light of the general explosion of literature on the World Trade Organization (WTO), including on its dispute settlement …
Persistent link: https://www.econbiz.de/10005835611
Disputes occurring in PPP projects pervade three interfacing levels of agreements: internal, downstream, and peripheral. PPP disputes have been free from arbitral dispute resolution and their legal environment is uncertain and deregulated. While project partners appear to have a natural monopoly...
Persistent link: https://www.econbiz.de/10005835619
The specific characteristics of the R&D system of the modern molecular biotechnology lead to the fact that patent protection for genetic inventions cause almost simultaneously an useful information effect as well as a harmful blocking effect. Within this context, the present papers shows that...
Persistent link: https://www.econbiz.de/10008472247
The study constructs a linear model to evaluate the significant impacts of bilateral investment treaties (BITs) on foreign direct investment (FDI) and the possible consequences of BITs. The results show that BITs have significantly promoted FDI, and their effects are substitute for the level of...
Persistent link: https://www.econbiz.de/10008562621
The CIS trade regime can be characterised as a mix of, partly overlapping, weak, bilateral, subregional, and multilateral agreements. This is a result of the design of the CIS, which was explicitly constructed to allow its member states to participate in only those parts that they deemed in...
Persistent link: https://www.econbiz.de/10008562654
By tracing the development and evolvement of certain legal theories over the centuries, as well as consequences emanating from such developments, this paper highlights how and why a shift from the model of „classical formalism“ towards more deformalised models has arisen. The paper also...
Persistent link: https://www.econbiz.de/10009223337