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This paper offers the first detailed English-language analysis of international investment arbitration law and practice ….Part 3 outlines the first two treaty-based claims filed against Thailand, especially the 2009 arbitration award in favour …. However, Part 3 also examines cases where the Thai government has been subject to arbitration claims under concessions or …
Persistent link: https://www.econbiz.de/10012993627
Although multilateral rules regulating subsidies on the basis of their effects rather than their classification have existed since the end of the Tokyo Round, the WTO dispute over implementation of the rulings in the US Cotton case is only the second time (the first time being the Follow Up to...
Persistent link: https://www.econbiz.de/10013111554
This paper, an edited and footnoted transcript of a presentation at a research Centre of Excellence at Hokkaido University, looks at the influence of “responsive regulation” theory on the large-scale “Australian Consumer Law” reforms enacted in 2010. It outlines some frameworks developed...
Persistent link: https://www.econbiz.de/10013130710
In 2005, Professor Phillipa Weeks published an insightful chapter entitled ‘Employment Law – A Test of Coherence Between Statute and Common Law' in S Corcoran and S Bottomley (eds) Interpreting Statutes. That chapter examined the emergence, development and ultimate emasculation of an implied...
Persistent link: https://www.econbiz.de/10013072841
For the poor, finance is always about much more than economics. In practical as well as philosophical terms it is a matter of basic human rights. As the dust begins to settle on the global financial crisis it is certain that all economies will suffer, but it is in the poorest, least developed...
Persistent link: https://www.econbiz.de/10012722853
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10012731447
Persistent link: https://www.econbiz.de/10012961889
In spite of Australia's enviable record in controlling immigration in all of its incidents, the number of migrants working in contravention of their visa conditions or otherwise in contravention of the law has continued to rise in recent years. This article explores the extent to which migrants...
Persistent link: https://www.econbiz.de/10012869973
In the 1980s the Australian Personal Income Tax was highly progressive and family payments were universal. The system ranked well in terms of gender equity and female labour supply incentives. During the Howard years the progressivity of the rate scale declined dramatically despite rising...
Persistent link: https://www.econbiz.de/10012968523
This paper assesses the present state of good faith as a concept used in the resolution of contractual disputes under Australian law. Its thesis is that the current law is incoherent due to the wide variety of views expressed in the cases and the failure to integrate good faith within principles...
Persistent link: https://www.econbiz.de/10013055840