Suchergebnisse

AbstractInvestment arbitration is based on international agreements and operates in parallel to the EU legal and judicial system. Therefore conflicts between EU law and investment protection are possible. These may result from the substantial investment protection standards, but also from the operation of a parallel system of judicial protection. The EU law position on such conflicts will depend on whether the investment agreement was concluded between Member States, between Member States and other countries, or between the EU and other countries.

Preface -- Contents -- Abbreviations -- Part I General Articles -- 1 Assessing the Usefulness and Legitimacy of CAS -- Abstract -- 1.1 Introduction -- 1.2 The Role of International Federations -- 1.3 The Behaviour of Supporters of the Accused -- 1.4 Future Directions -- 2 The Influence of Common Law Traditions on the Practice and Procedure Before the Court of Arbitration for Sport (CAS) -- Abstract -- 2.1 Introduction -- 2.2 The Origins of Common Law and Its Historical Development -- 2.3 The Modern Influence of Common Law on Legal Thinking and the Principle of Stare Decisis

This article explores the turn‐of‐the‐century development of an American internationalism geared towards a peaceful global federation rooted in international law and guided by the example of the United States of America. American ideals played a critical role in defining and creating perception of what international law was how it could be developed through the creation of a tribunal or international court of arbitration, and what that development would mean for the peaceful coexistence of nations. Peace advocates were united in their commitment to using legal means to settle international disputes before resorting to violence, and to creating behavioral guidelines for the future based on a firm belief in Christian, Anglo‐Saxon racial superiority and juris prudence.

The rules of evidence and their application -- Depositions, interrogatories, and judicial notice -- Document production in international arbitration -- Witnesses of fact -- Party-appointed experts -- Inspections and tribunal appointed experts -- Assessing the evidence, burden of proof, adverse inferences, and procedural good faith -- The evidentiary hearing -- Disclosure and admissibility of evidence