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Modern BITs habitually begin with a preamble, whereupon basic concepts such as what constitutes an investment and an investor for the purpose of the treaty are somewhat defined. The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous...
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The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the...
Persistent link: https://www.econbiz.de/10013232110
Conventional economic analysis assumes that Central Counterparties (CCPs) may help to reduce systemic risk and avoid future financial crises by mandating the central clearing of over-the-counter (OTC) derivatives. This view largely goes unchallenged by governments, regulators, practitioners, and...
Persistent link: https://www.econbiz.de/10014101938
The complexity of present-day international law stands in an uneasy relation to the scheme of justice propounded by Rawls. The problems facing international lawyers may pose a conceptual threat to some of the fundamental bases upon which Rawls builds his entire theoretical edifice
Persistent link: https://www.econbiz.de/10013138626
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
Regulation. In cases of fraud, the court's approach to the COMI presumption risks the court concreting the fraudsters' house of …
Persistent link: https://www.econbiz.de/10013155207
This paper examines the economic regulation of international civil aviation with a view to debunking a number of myths … surrounding it. The focus is on public international law understood in its classical construct. The economic regulation of … international civil aviation came about in the aftermath of the two World Wars and was marked so deeply by the prevailing conditions …
Persistent link: https://www.econbiz.de/10012834606
In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
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