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The world's nations vary widely in the quality of their judicial systems. In some jurisdictions, the courts resolve …
Persistent link: https://www.econbiz.de/10014051970
The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of...
Persistent link: https://www.econbiz.de/10014062202
The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to...
Persistent link: https://www.econbiz.de/10014070951
the World Trade Organization (WTO), comprehensively covers all aspects of dispute settlement before WTO panels, as well as …
Persistent link: https://www.econbiz.de/10014031788
The law on international trademark disputes is founded on a precedent from 1952. Steele v. Bulova Watch Co. is the first and only Supreme Court decision on the question of how far the Lanham Act should be extended beyond the US’s national borders when an international infringement is at issue....
Persistent link: https://www.econbiz.de/10014120509
Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...
Persistent link: https://www.econbiz.de/10014095340
On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. During its first ten years, the DSU has since been applied to 324 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades....
Persistent link: https://www.econbiz.de/10014028128
The negotiation of multilateral agreements has stalled at the World Trade Organization (WTO). The action is among …
Persistent link: https://www.econbiz.de/10014083341
Over the last few years, the right to regulate has evolved from a rather inconspicuous, mistrusted concept to a necessary component of international investment agreements. This brief study offers a complementary account of the right to regulate compared to the author’s treatment of the topic a...
Persistent link: https://www.econbiz.de/10013296330
The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...
Persistent link: https://www.econbiz.de/10013149492