Chiara Giorgetti – författare

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.

International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions.

Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.

International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.

International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them.

Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes.

This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.

This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.

This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.

International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner's Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book’s essays are from leading international law scholars and practitioners in the field—including Michael Reisman, Stephen Schwebel, Erin O’Connor O’Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh—and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book's essays are from leading international law scholars and practitioners in the field-including Michael Reisman, Stephen Schwebel, Erin O'Connor O'Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh-and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

The 2023 UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution is the first and significant element of the important process of reform in investor-State dispute settlement (ISDS). This book, written by experts active in its drafting and negotiation, is the first article-by-article commentary on the Code and presents an in-depth discussion of the Code's preparatory work, the negotiations and each provision. A comprehensive examination of independence, impartiality, and ethics in ISDS, the commentary includes wide-reaching consideration of essential aspects of the Code, including: rationales for each provision; tensions and concerns that each provision addresses; critical ethical issues such as double-hatting and repeat appointments; disclosure requirements; regulations on issues related to confidentiality; duties of diligence, integrity and competence; lessons learned from the drafting and negotiations; engagement with the viewpoints of States and other stakeholders; and accomplishments and potential shortcomings. This timely and detailed analysis of one of the key instruments of ISDS reform demonstrates that the Code reflects the most recent trends in the practice of international investment arbitration. The Commentary will surely provide an essential guide to practitioners, parties, and other stakeholders involved in ISDS proceedings through the issues and cases relating to arbitrator ethics.