sovereign defaults before international courts and tribunals cambridge studies in international and comparative law

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Sovereign Defaults Before International Courts And Tribunals

Author : Michael Waibel
ISBN : 9781139496131
Genre : Law
File Size : 83. 59 MB
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International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.

The Oxford Handbook Of Banking And Finance

Author : Catherine R. Schenk
ISBN : 9780199658626
Genre :
File Size : 43. 43 MB
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The financial crisis of 2008 aroused widespread interest in banking and financial history among policy makers, academics, journalists, and even bankers, in addition to the wider public. References in the press to the term 'Great Depression' spiked after the failure of Lehman Brothers in November 2008, with similar surges in references to 'economic history' at various times during the financial turbulence. In an attempt to better understand the magnitude of the shock, there was a demand for historical parallels. How severe was the financial crash? Was it, in fact, the most severe financial crisis since the Great Depression? Were its causes unique or part of a well-known historical pattern? And have financial crises always led to severe depressions? Historical reflection on the recent financial crises and the long-term development of the financial system go hand in hand. This volume provides the material for such a reflection by presenting the state of the art in banking and financial history. Nineteen highly regarded experts present chapters on the economic and financial side of banking and financial activities, primarily though not solely in advanced economies, in a long-term comparative perspective. In addition to paying attention to general issues, not least those related to theoretical and methodological aspects of the discipline, the volume approaches the banking and financial world from four distinct but interrelated angles: financial institutions, financial markets, financial regulation, and financial crises.

The Role Of The State In Investor State Arbitration

Author : Shaheeza Lalani
ISBN : 9789004282254
Genre : Business & Economics
File Size : 23. 98 MB
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Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of edited contributions by lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.

The Performance Of International Courts And Tribunals

Author : Theresa Squatrito
ISBN : 9781108425698
Genre : Law
File Size : 55. 9 MB
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Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

The Legitimacy Of International Trade Courts And Tribunals

Author : Robert Howse
ISBN : 9781108424479
Genre : Law
File Size : 27. 37 MB
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A comprehensive discussion of international trade courts and tribunals with specific emphasis on their performance and legitimacy.

Jurisdiction In International Law

Author : Cedric Ryngaert
ISBN : 9780199688517
Genre : Law
File Size : 73. 62 MB
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This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Responsibility Of International Organizations

Author : Maurizio Ragazzi
ISBN : 9789004256088
Genre : Business & Economics
File Size : 61. 4 MB
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Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A a companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.

Themes And Theories

Author : Rosalyn Higgins
ISBN : STANFORD:36105134459077
Genre : International law
File Size : 61. 86 MB
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As President of the International Court of Justice, Dame Rosalyn Higgins is the world's most senior judge. This two volume set collects together all of her most important writings as a scholar, a member of the UN Human Rights Committee, and as judge and President of the International Court of Justice. During these years Dame Rosalyn has written on a wide range of topics including legal theory, United Nations Law, humanitarian law, the use of force, state and diplomatic immunities, human rights, and natural resources law. As President and Judge of the International Court of Justice, Dame Rosalyn has played her part in the formulation of the Judgments and Opinions of the principal judicial organ of the UN. She has sought to ensure the ICJ - the senior international court - operates in a modern and efficient manner, and in cordial relationship with the many new courts and tribunals now existing. These aspirations are reflected in her speeches during the years 2006 to 2008, most of which have not hitherto been published. This volume boasts a comprehensive collection of all her Separate Opinions, amongst other writings, divided into ten Parts by subject matter. This includes specially written introductory passages by Dame Rosalyn to present the catalogue of her writings and the correlative developments in international law by theme.

Theatre Of The Rule Of Law

Author : Stephen Humphreys
ISBN : 9781139495332
Genre : Law
File Size : 20. 23 MB
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

The Individual In The International Legal System

Author : Kate Parlett
ISBN : 9781139499972
Genre : Law
File Size : 88. 31 MB
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Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

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