Ole Kristian Fauchald – författare & böcker

The Legitimacy of Investment Arbitration

Empirical Perspectives

AvDaniel Behn,Ole Kristian Fauchaldm. fl.

Inbunden, Engelska, 2022

1 487 kr

Skickas inom 7-10 vardagar

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Legitimacy of Investment Arbitration

Empirical Perspectives

AvMalcolm Langford,Ole Kristian Fauchaldm. fl.

E-bok

Engelska, 2022

1 742 kr

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International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime''s legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Legitimacy of Investment Arbitration

Empirical Perspectives

AvMalcolm Langford,Ole Kristian Fauchaldm. fl.

E-bok

PDF, Engelska, 2022

1 742 kr

Läs direkt efter köp

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime''s legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Practice of International and National Courts and the (De-)Fragmentation of International Law

AvOle Kristian Fauchald,André Nollkaemper

E-bok

PDF, Engelska, 2014

564 kr

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In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Practice of International and National Courts and the (De-)Fragmentation of International Law

AvOle Kristian Fauchald,André Nollkaemper

E-bok

Engelska, 2014

583 kr

Läs direkt efter köp

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Practice of International and National Courts and the (De-)Fragmentation of International Law

AvOle Kristian Fauchald,André Nollkaemper

Inbunden, Engelska, 2012

1 278 kr

Skickas inom 10-15 vardagar

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Practice of International and National Courts and the (De-)Fragmentation of International Law

AvOle Kristian Fauchald,André Nollkaemper

Häftad, Engelska, 2014

540 kr

Skickas inom 10-15 vardagar

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Environmental Taxes and Trade Discrimination

AvOle Kristian Fauchald

E-bok

PDF, Engelska, 1998

3 787 kr

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Environmental taxes are relatively new instruments and are likely to constitute an essential part of countries'' efforts to avoid environmental degradation. This work analyses the extent to which various categories of environmental taxes may be inconsistent with the non-discrimination provisions of the General Agreement on Tariffs and Trade 1994, and how such conflicts can be resolved within the existing rules. As non-discrimination obligations are fundamental rules in the multilateral trading system, such potential conflicts are of great importance both to the régime for the liberalisation of international trade and to environmental protection measures. The author provides a detailed analysis of the role and nature of environmental taxes, and assesses to what extent the relevant provisions of GATT 1994 may impede the use of these taxes, in light of the non-discrimination provisions, the general exceptions and the rules concerning nullification or impairment of benefits. The work also examines in general terms the possibilities of eliminating potential conflicts between environmental measures and the provisions of GATT 1994.

Table of Contents:

Part I - Introduction - 1. Introduction: 2. Environmental Problems and Strategies to Deal with Them - The Role of Environmental Taxes; 3. Introduction to Relevant Rules and Principles of GATT/WTO.

Part II - Internal Taxes - 4 General Introduction; 5. The Scope of Article III; 6. Product-Similarity Clauses; 7. Domestic and Foreign Products are Subject to Separate Tax Arrangements - Explicit Discrimination; 8 Domestic and Foreign Products are Subject to the Same Tax Arrangement - Implicit Discrimination.

Part III - General Exceptions - 9. General Issues; 10. Policy Purposes Covered by Article XX; 11. Requirements Concerning the Relationship between the Contested Measure and its Purpose; 12. The Preamble to Article XX.

Part IV - Nullification or Impairment of Benefits - 13. General Introduction; 14. Violation of the Agreement; 15. Non-Violation Nullification or Impairment; 16. Summary and Conclusions.

Annexes - Cases: Cases under the WTO-Agreement; Cases under GATT 1947; Miscellaneous. Documents: WTO GATT 1947; Guide to Documents Related to the WTO and GATT 1947; WTO Documents; GATT 1947 Documents; Preparatory Works; League of Nations Documents; Treaties; Resolutions, Declarations, Recommendations, etc.; Norwegian Acts and Regulations; Norwegian Official Documents; Miscellaneous.

Bibliography. Index.

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Ole Kristian Fauchald – författare

The Legitimacy of Investment Arbitration

Legitimacy of Investment Arbitration

Legitimacy of Investment Arbitration

Practice of International and National Courts and the (De-)Fragmentation of International Law

Practice of International and National Courts and the (De-)Fragmentation of International Law

Practice of International and National Courts and the (De-)Fragmentation of International Law

Practice of International and National Courts and the (De-)Fragmentation of International Law

Environmental Taxes and Trade Discrimination

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