Suchergebnisse

A single-volume comprehensive and systematic overview of procedural and organisational aspects of the jurisprudence of the World Court 2001 to 2010 - evolution of history of cases and advisory opinions; analytical trends on duration of cases, case-law digest of legal maxims and extracts from 1992-2010

Arbitration — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Dispute Settlement Mechanism — Dispute between Republic of Malta and Democratic Republic of São Tomé and Príncipe — Award on Jurisdiction and the Merits — Finding that Malta entitled to claim reparation in a further phase of proceedings — Suspension of proceedings — Unsuccessful settlement negotiations — Resumption of proceedings — Malta submitting claim and supplementary claim for reparation — São Tomé not participating in reparation phase of proceedings — Whether São Tomé to pay Malta compensationDamages — Compensation — Quantum — Material damages for lost earnings, value of cargo, payment to secure release of vessel, vessel repairs, classification expenses, administrative expenses, reputational losses — Non-material damages for prosecution and detention of persons — Calculation method — Whether Malta sufficiently substantiating quantum of its claims — Whether Malta establishing causation between its loss and São Tomé's unlawful conduct for each head of claim — Whether Settlement Agreement mitigating any of damages suffered by owner of the Duzgit Integrity — Whether claims under Settlement Agreement distinct from claims brought by Malta at international law under United Nations Convention on the Law of the Sea, 1982 — Whether acts and omissions of the Duzgit Integrity, its Master, owner and Charterer mitigating any of damages claimed by Malta — Costs — Parties normally bearing expenses in equal share — Implementation of normal rule — Interest payable — Practice of international courts and tribunalsSea — Treaties — United Nations Convention on the Law of the Sea, 1982 — Annex VII — UNCLOS Article 49(3) — Archipelagic waters — Sovereignty of coastal State — Arbitration Tribunal finding violation of Article 49(3) by São Tomé — Reparation phase of proceedings — Article 9 of Annex VII to UNCLOS — Whether claims of Malta well-founded in fact and law — Full reparation — Material damages — Non-material damages — Interest — Appropriate damages payable by São Tomé for breach of UNCLOS Article 49(3) — Rights of flag State under UNCLOS — Claims brought by Malta at international law under UNCLOSState responsibility — Law of State responsibility — Articles on the Responsibility of States for Internationally Wrongful Acts 3252001, Article 15 — Detention of the Duzgit Integrity by São Tomé — Point at which detention unlawful — When detention incompatible with United Nations Convention on the Law of the Sea, 1982, Article 49 — Whether São Tomé's breach of Article 49 taking form of composite act — First of actions of composite act — Length of actions not in conformity with international obligation — Whether Malta to be compensated for loss of hire of the Duzgit Integrity during its detention — Full reparation — Interest as element of full reparation recognized in Articles on State Responsibility

Introduction / Junji Nakagawa -- China's approach towards investment agreements and its interests involved in international investment rule-making / Wei Yin -- Investment dispute-settlement trends between Far-East and Ibero-America / Alejandro Garcia Jimenez -- Defending the undefendable : Asia's sovereignist battles against easy access to investment treaty arbitration / Relja Radvic -- Will Asia breathe life into a multilateral investment court? : thoughts on the feasibility and design of a new, stand-alone court / Celine Levesque -- Rethinking the role of labour provisions under Asian international investment regime : a possible linkage with FTAAP? / Zheng Lizhen -- In the habit of giants : fair and equitable treatment and structural risk factors in conglomerate-led newly industrialized countries / Soo-Hyun Lee -- Objective criteria and ratione legis condition in the definition of investment : global trends and the Chinese practice / G. Matteo Vaccaro-Incisa -- The ASEAN comprehensive investment agreement approach to due process : does arbitral case law matter? / Fulvio Maria Palombino and Giovanni Zarra -- The role of non-disputing contracting party's expression of intention in investment arbitration : observation on the PRC letters in the saga of Sanum v. Laos / Tianshu Zhang.