Suchergebnisse

In a previous study I had occasion to state that the pacifist idea, as well as that of the juridical settlement of international conflicts, dates much farther back than is generally believed, and that it has had sincere advocates in all nations. And what is of even greater importance, international arbitration was practiced to a large extent, both in the Middle Ages and at the time of the Renaissance. I would now present to the enlightened readers of this Journal an Italian personage as one of these advocates, by stating however at the outset, that he lyas not the first among his compatriots, since four centuries before his time, the Venetian Marin Sanudo had consecrated his life to that idea, while the adherents of pacifism can even claim a Dante Alighieri among their number! For many reasons, however, which will be convincingly set forth in the course of these pages, Cardinal Alberoni is deserving of especial attention. The German Gerhoch, the Frenchmen Pierre Dubois and Eméric Crucé, the Czech king George Podiebrad, the Englishman W. Penn, the Portuguese Suarez, the Spaniard Vittoria, the Hollander H. Grotius, and many others, have in him a worthy associate, a fact which I hope will be made clear by the publication of his scheme, as an appendix hereof.

An increase in global reliance on fossil fuels has prompted greater discussion on energy security. For the United States, interest has focused on ensuring that countries in the Western Hemisphere, which currently supply roughly half of U.S. imports of crude oil and petroleum products, remain stable sources of energy. While concerns have focused on political instability and a rising interest in the hemisphere's energy resources by China and India, the conversation centers on a hemispheric trend toward resource nationalism. Resource nationalism is exemplified by the global trend of placing the world's oil reserves under the control of national oil companies and out of reach of the international oil companies, except on a low-margin, service-contract basis. This trend is prompting some Latin American countries to make deliberate attempts to limit foreign investment in their energy sector. For countries that continue to welcome foreign investment, other legal policies, such as rules governing international arbitration, are hampering foreign investment. Deliberate or not, these policies lead investors to locate multimillion dollar energy investments elsewhere.

This article argues that there is no normative conflict between IIL and international cultural law, but a conflict between the cultural interest of host states and the interest of foreign investors ( the culture-investment conflict of interests ) instead. Beyond, this article puts forth, and aims at shedding light on, the 'sensitiveness' of IIL to cultural heritage, i.e. the fact that the conventional granting of rights to foreign investors does not result in a regulatory chill with respect to the protection/promotion of cultural heritage. At the core of this claim lies the fact .

Intro -- CONTENTS -- DEDICATION PAGE -- PREFACE -- INTRODUCTION TO THE IAP EDITION -- THE PROGRESS OF REAL INTERNATIONALISM -- THE WORLDS'S ARMAMENTS AND PUBLIC OPINION -- ARE WE OUR BROTHERS' KEEPER? -- THE EDUCATION OF THE WORLD FOR PEACE -- THE INTERNATIONAL MIND -- SELECTED BIBLIOGRAPHY OF BUTLER'S BOOKS -- PLATFORM OF THE THIRTEENTH ANNUAL MEETING OF THE LAKE MOHONK CONFERENCE ON INTERNATIONAL ARBITRATION, 1907 -- OCTOBER 18, 1914 INTERVIEW WITH EDWARD MARSHALL OF THE -- 1931 NOBEL PEACE PRIZE AWARD CEREMONY SPEECH -- BIBLIOGRAPHIC ESSAY ON THE HISTORY OF AMERICAN PEACE WRITINGS -- EDITOR BIOGRAPHY.

Following events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the variou.

pt. 1. Introduction -- pt. 2. Origins and developments of the South China Sea disputes -- pt. 3. Dispute resolution procedure, jurisdiction and admissibility -- pt. 4. The U-shaped line and geographic features -- pt. 5. Law enforcement and regional impact.

Intro -- Acknowledgements -- Contents -- Abbreviations -- Chapter 1: Introduction -- Chapter 2: Sources -- 2.1 Introduction -- 2.2 Parties´ Agreement -- 2.3 International Arbitration Rules -- 2.3.1 Introduction -- 2.3.2 UNCITRAL Rules -- 2.3.3 LCIA Rules -- 2.3.4 Swiss Rules -- 2.3.5 ICC Rules -- 2.3.6 WIPO Rules -- 2.3.7 Oslo Rules -- 2.3.8 Intermediary Conclusions -- 2.4 National Legislation and Case Law -- 2.4.1 National Arbitration Laws -- 2.4.2 Case Law of National Courts -- 2.4.3 Other Potentially Relevant Rules of National Law -- 2.5 Confidentiality Orders -- 2.6 Arbitral Practice -- 2.6.1 Introduction -- 2.6.2 Arbitral Jurisprudence -- 2.6.3 Lex Mercatoria -- 2.6.4 Codified Rules -- 2.7 Overlap Between the Sources -- 2.8 Intermediary Conclusions -- Chapter 3: Persons Subject to the Duty of Confidentiality -- 3.1 Introduction -- 3.2 Parties´ Duty of Confidentiality -- 3.2.1 Introduction -- 3.2.2 Express Rules and Agreement on the Parties´ Obligation of Confidentiality -- 3.2.3 Confidentiality As an Implied Obligation -- 3.2.3.1 Introduction -- 3.2.3.2 England -- 3.2.3.3 Singapore -- 3.2.3.4 Australia -- 3.2.3.5 United States -- 3.2.3.6 Sweden -- 3.2.3.7 France -- 3.2.3.8 Switzerland -- 3.2.3.9 Arbitral Practice and Analysis -- 3.2.4 Balance of the Interests Involved and Analysis of the Arguments for and Against Confidentiality -- 3.2.4.1 Introduction -- 3.2.4.2 Balance of the Various Interests Involved -- 3.2.4.2.1 Parties´ Interests to Maintain the Privacy of the Dispute -- 3.2.4.2.2 Interests Requiring Disclosure -- 3.2.4.3 Arguments for and Against Confidentiality as an Implied Obligation -- 3.2.4.3.1 Parties´ Expectations of Confidentiality and Attractiveness of Arbitration -- 3.2.4.3.2 Correlation Between Privacy of Hearings and Confidentiality -- 3.2.4.3.3 Differences in Regulation of Confidentiality -- 3.2.4.3.4 Legal Uncertainty.

Arbitration in its legislative context -- Arab laws and practice of arbitration -- Freedom of the parties -- Autonomy of the international arbitrator -- Safety within arbitration -- Safety of international arbitration -- Conclusion