International Arbitration and Forum Selection Agreements

International Arbitration and Forum Selection Agreements

Author: Gary Born

Publisher:

Published: 2016

Total Pages: 326

ISBN-13: 9789041183880

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Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.


The Rational Design of International Institutions

The Rational Design of International Institutions

Author: Barbara Koremenos

Publisher: Cambridge University Press

Published: 2003-12-08

Total Pages: 372

ISBN-13: 9781139449120

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International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.


The Regulation of International Trade, Volume 3

The Regulation of International Trade, Volume 3

Author: Petros C. Mavroidis

Publisher: MIT Press

Published: 2020-11-24

Total Pages: 753

ISBN-13: 0262360616

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A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.


Mega-Regional Trade Agreements

Mega-Regional Trade Agreements

Author: Thilo Rensmann

Publisher: Springer

Published: 2017-07-20

Total Pages: 377

ISBN-13: 3319566636

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This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.


Commentaries on Selected Model Investment Treaties

Commentaries on Selected Model Investment Treaties

Author: Chester Brown

Publisher: OUP Oxford

Published: 2013-01-17

Total Pages: 990

ISBN-13: 0191651974

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The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.


Engaging Countries

Engaging Countries

Author: Edith Brown Weiss

Publisher: MIT Press

Published: 2000

Total Pages: 644

ISBN-13: 9780262731324

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This study systematically examines how states implement and comply with international environmental accords.


International Environmental Agreements

International Environmental Agreements

Author: Steinar Andresen

Publisher: Routledge

Published: 2012-03-12

Total Pages: 205

ISBN-13: 1136591907

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International environmental agreements provide a practical basis for countries to address environmental issues on a global scale. This book explores the workings and outcomes of these agreements, and analyses key questions of why some problems are dealt with successfully and others ignored. By examining fundamental policies and issues in environmental protection this text gives an easily comprehensible introduction to international environmental agreements, and discusses problems in three areas: air, water and on land. It traces the history of agreements in broad thematic areas related to long-distance air pollution, ozone-depleting and greenhouse gases, ocean management, biological diversity, agricultural plant diversity and forest stewardship. Drawing on experts in their respective fields, this book provides an insightful evaluation of the successes and failures, and analysis of the reasons for this. Concluding with an insightful examination of research to show how performance of agreements can be improved in the future, this volume is a vital contribution to our understanding of the politics associated with establishing international environmental consensus. International Environmental Agreements will be of interest to scholars, students and researchers in global environmental politics, international relations and political science. Steinar Andresen is Senior Research Fellow at the Fridtjof Nansen Institute, Norway, and formerly professor at the Dept. of Political Science, University of Oslo. Elin Lerum Boasson is Research Fellow at the Fridtjof Nansen Institute, Norway. Geir Hønneland is Research Director at the Fridtjof Nansen Institute and adjunct professor at the University of Tromsø.