Suchergebnisse

Contents -- Preface -- List of Abbreviations -- Contributors -- Introduction -- Chapter 1 The Challenge and Recusal of Judges of the International Court of Justice -- Chapter 2 Disqualification of Arbitrators under the ICSID Convention and Rules -- Chapter 3 The Determination of Arbitrator Challenges by the Secretary-General of the Permanent Court of Arbitration -- Chapter 4 Arbitrator Challenges at the Iran-United States Claims Tribunal -- Chapter 5 Challenges of Arbitrators, Lessons from the ICC -- Chapter 6 Selection and Recusal in the WTO Dispute Settlement System -- Chapter 7 Challenges of Judges in International Criminal Courts and Tribunals -- Chapter 8 Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and Its Impact -- Chapter 9 Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes -- Chapter 10 Repeat Arbitrator Appointments in International Investment Disputes -- Chapter 11 Tall and Small Tales of a Challenged Arbitrator -- Chapter 12 The Approach of Counsel to Challenges in International Disputes -- Chapter 13 Challenges to Party Representatives and Counsel Before International Courts and Tribunals -- Chapter 14 Challenges to Arbitrators in Asia: The Position Before the Singapore and Hong Kong Courts -- Index

Preliminary Material /Chiara Giorgetti -- Introduction /Chiara Giorgetti -- Courts and Tribunals of General Jurisdiction The International Court of Justice /Sean D. Murphy -- Permanent Court of Arbitration /Brooks W. Daly -- Courts and Tribunals of Specialized Jurisdiction International Centre for Settlement of Investment Disputes /Carolyn Lamm , Chiara Giorgetti and Mairée Uran-Bidegain -- The International Tribunal for the Law of the Sea /Laurence Boisson de Chazournes -- The World Trade Organization /Gregory J. Spak and Gisele Kapterian -- Administrative Tribunals of International Organizations /Olufemi Elias and Melissa Thomas -- Specialized Courts: International Criminal Courts and Tribunals The International Criminal Court /David P. Stewart -- The International Criminal Tribunal for the Former Yugoslavia /Santiago Villalpando -- The International Criminal Tribunal for Rwanda /Robert D. Sloane -- Hybrid and Internationalized Tribunals /Caitlin Reiger -- Specialized Courts: Human Rights The European Court of Human Rights /Christiane Bourloyannis-Vrailas -- The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights /Christina M. Cerna -- The African Human Rights System /Bart M.J. Szewczyk -- Specialized Courts: Regional Economic and Political Integration Agreements European Union Courts /Sonja Boelaert -- Courts of Other Economic Communities: NAFTA /Andrea J. Menaker and Brody K. Greenwald -- Courts and Tribunals Established by Regional Economic Integration Agreements /Jennifer Thornton -- International Ad-Hoc Tribunals and Claims Commissions The United Nations Compensation Commission /Timothy J. Feighery -- Iran-United States Claims Tribunal /Jeremy K. Sharpe -- The Claims Resolution Tribunal /Roger P. Alford -- Index /Chiara Giorgetti.

Preliminary Material /C. Giorgetti -- Chapter One. An Emerging Problem In International Law /C. Giorgetti -- Chapter Two. The International Community Has Acted On Behalf Of States In The Past /C. Giorgetti -- Chapter Three. The Failed State Par Excellence: The Role Of The International Community In Somalia Demonstrates The Inadequacy Of The System To Deal With State Failure /C. Giorgetti -- Chapter Four. What Is State Failure? The Inadequacy Of Existing Legal Techniques To Deal With Failed States /C. Giorgetti -- Chapter Five. Responding To Public Health Emergencies In Failed States /C. Giorgetti -- Chapter Six. Environmental Emergencies In Failed States /C. Giorgetti -- Chapter Seven. United Nations Actions And The Use Of Military Force To Provide Assistance To Domestic Populations In Failed States /C. Giorgetti -- Chapter Eight. Conclusion: A Set Of Principles To Approach State Failure /C. Giorgetti -- Index /C. Giorgetti.

ABSTRACT
International organizations are essential actors in the international legal system and play key roles in all aspects of international law, from its creation to its enforcement and implementation. As their work becomes progressively more significant and specialized, international organizations have also embarked on many new initiatives and have adopted new working methods. An interesting example of this development is the effort of United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) to reform Investor–State Dispute Settlement (ISDS), a unique international dispute settlement mechanism that permits a foreign investor to bring a claim against a State on issues related to international investment law. At a time of declining international codification, UNCITRAL WGIII's plan to reform ISDS stands out as remarkably ambitious. It is also responsive to identified vacuums and needs and is likely to lead, at least partially, to a degree of reform of ISDS. In this short contribution, I first introduce the codification of international economic law issues as distinct from other kinds of codification. I then introduce UNCITRAL and explore the work of UNCITRAL WGIII more specifically. In particular, I explain and assess the ISDS reform process as an example of an ongoing transformation of the work of international organizations and a new initiative on which they embarked using a specific methodology of selecting issues, developing draft texts, and serving as a place for drafting negotiations.

Good morning, good afternoon, and good evening, and welcome to our panel: Territory, Tribe, and Trade: The Symbiotic Relations Between the State and Individuals in State-State Dispute Settlement. I am really glad to have the opportunity to reflect on such an interesting topic and discuss it with these excellent experts and look forward to contributing substantively to this important discussion.

Investor-State Dispute Settlement (ISDS) is in the midst of an important reform process, and the call for reform includes ethics. Amongst others, criticisms related to ethics in ISDS include concerns related to the lack of diversity among arbitrators, the ensuing increasing possibility of personal, professional, and issue conflicts, the concern that actors can simultaneously wear multiple hats (so-called "double hatting") as they can serve as counsel in one arbitration and as arbitrator or expert in another that deals with similar or connected issues, as well as, more generally, the lack of common ethical standards applicable to all participants in arbitral proceedings irrespective of their diverse legal cultures.

Good morning. It is an honor to be here today. I would like to begin by thanking the chair of this panel, Professor Natalie Klein, and my copanelists: Professor Lea Brilmayer, John Crook, and Jeremy Sharpe.

On July 18, 2014, the Arbitral Tribunal (Tribunal) constituted in accordance with Article 26 of the Energy Charter Treaty (ECT) and the 1976 UNCITRAL Arbitration Rules under the auspices of the Permanent Court of Arbitration issued its long-awaited final awards in the famous arbitral proceeding related to the demise of oil giant Yukos. The Tribunal held unanimously that a coordinated set of actions by the Russian government (including arrests, tax reassessments, fines, and the forced sale of Yukos) amounted to an indirect expropriation of Yukosin breach of Russia's obligations under the ECT, and that Russia was liable to pay prompt, adequate, and effective compensation for that breach. The Tribunal concluded that Yukos's claims were not barred by the company's own illegal acts or because of the "carve-out" for taxation measures under Article 21 of the ECT. Instead, the Tribunal concluded that the claimants had contributed to the prejudice they suffered and it therefore reduced the awards and reimbursement for legal costs by 25 percent. Even accounting for this reduction, the composite final award is still, by far, the largest known arbitral award ever rendered. The Tribunal ordered the Russian Federation to pay damages totaling US$50,020,867,798, in addition to arbitral and legal costs. Post-award interest is due on any outstanding amounts of damages and costs not paid starting from January 15, 2015, and is to be compounded annually thereafter.

For the first time since 1991, Somalia has an internationally- recognized government. Established in August 2012, the Somali Federal Government (SFG) has been officially recognized by many nations and international organizations. The process of bringing Somalia fully back into the international community, however, remains long and complex. This Article argues that, in order to be successful, Somalia's reconstruction must include a robust international law component. By mandating frameworks for action and establishing best practices, international law should guide and strengthen reconstruction efforts.