Suchergebnisse

Introduction -- Defining legal culture -- The political and cultural history of International arbitration in various legal traditions -- The theories and theoreticians of international arbitration -- The evolving justifications of international arbitration -- Culture and the legal infrastructure of commercial arbitration -- Culture and the legal infrastructure of investment arbitration -- Diversity in the epistemology of judicial fact-finding in the major legal traditions of the world : indicators for conduct in international arbitration -- Fact-finding and cultural diversity in international arbitration -- The typical process for selection and challenge of arbitrators -- The mythology of specialized knowledge -- Conversations on the role of culture in international arbitration -- Summary of conclusions

This work offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The text provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome

This paper analyzes the existing China-African BITs and puts forward some suggestions for its improvement. The extraordinary rise in the last decade of Chinese investment in Africa continues to be a subject of profound curiosity. That is largely because it defies the centuries-old norm on who invests where. Traditionally, the bulk of foreign investment had flowed North-South but rarely South-South. Whenever and wherever it occurred, the means of its protection ranged from direct military intervention to a bona fide and equitable legal framework. China had experienced the full range of treatments in its long history of dealings with the West, as had Africa. Although they went through the spectrum of experiences independently, they seem to have been exposed to the same set of evolving principles at about the same time in varying degrees.

Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons-including noncitizens, also known as "aliens." Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for the expulsion of noncitizens still remains uncertain and is in a constant state of evolution in multiple directions. Indeed, a mix of situational progression and regression characterizes these regimes. The proper balance between personal liberty, due process, and equal protection on the one hand-and security, economic and related governmental and other common societal interests on the other, has proven elusive. This article attempts to identify the minimum international standards that apply to the expulsion of aliens in times of war and peace, and measure these international standards against those that apply in the United States and European Union. By so doing, it intends to highlight the congruity and disjuncture between the international standards and the standards that apply in the United States and European Union, and extricate the best practices that they could learn from each other.