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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
Multilateral investment treaties (MITs) are international legal
instruments whose purpose is to facilitate social and economic
cooperation on a global scale. While there is abundant literature
and precedent on MITs generally, authors Kabir Duggal and Mohamed
Wahab provide some of the first analysis focusing on the execution
of MITs in the Arab and Muslim-majority worlds in this volume of
Brill Research Perspectives in Investment Arbitration. This book
focuses on two MITs: the Unified Agreement for the Investment of
Arab Capital in the Arab States (UAA) and the Organisation of
Islamic Cooperation Agreement for Promotion, Protection and
Guarantee of Investments Among Member States (OIC). The UAA and OIC
are among the oldest MITs in the world, enacted in 1980 and 1988,
respectively. But only recently have these two long-dormant
treaties acquired special significance. This book provides a
comprehensive, critical review of these two treaties.
A large amount of foreign direct investment (FDI) has been poured
into Africa in recent decades and these investments can come with
adverse effects on the environment, human rights, and development.
At the same time, investment treaties, entered into by African
states and aimed at promoting and protecting FDI, seriously limit
those states' ability to regulate such activities in the interests
of affected communities. Whilst these tensions have generated
global debate, little attention has been paid to the legal status
of many of these investment treaties, and whether - given their
constitutional and customary international law obligations to act
in the public interest - African states truly have the capacity to
conclude treaties which contain standards of investment protection
expressly preventing or unduly abridging the exercise of their
regulatory authority. Focusing on this question, The Investment
Treaty Regime and Public Interest Regulation in Africa presents The
Imperatives Theory: a legal, normative, and principled framework
for rethinking the legal status, making, and reform of investment
treaties and investment dispute settlement in Africa, with relevant
and significant implications for the global investment treaty
regime.
This publication presents essays written by judges and
international experts in labor mediation and arbitration in
celebration of the 30th anniversary of ADB's Administrative
Tribunal. Among the main topics covered are reflections on key
decisions made by the Administrative Tribunal, strengthening the
internal justice system, and reliefs and remedies. The publication
also looks back on the history of the Administrative Tribunal,
along with its commitment to being independent, just, and
accessible-as key to lasting industrial peace.
Written by a distinguished team with extensive experience in the
area, this key analytical commentary on the competition procedures
of the EU provides in-depth coverage of the relevant rules. The
work discusses in detail the Commission's package of regulations
and guidelines and their interaction in practice. This fourth
edition fully updates the work to reflect recent legislative
developments and a wealth of recent case law. Coverage also
includes discussion of the fining practice of the European
Commission and the judicial review of this practice by the
Community Courts. As a practical guide to procedure, focusing on
the implementation of the regulatory framework by the Commission
and the relevant case law of the European Courts, this is an
indispensable resource for all practitioners involved in
competition proceedings before the European Commission and national
competition authorities.
International Arbitration in Korea provides a comprehensive
introduction to more than 140 arbitral cases and commentaries in
Korea and introduces the arbitration community to the jurisprudence
and scholarship of this underappreciated but well developed
jurisdiction. The book encompasses all the major current and
historical arbitration cases in Korea alongside practical and
scholarly commentary. In keeping with the growth of international
arbitration in Asia, Korea is emerging as an alternative centre of
arbitration and the number of international arbitration cases
involving Korean parties is on the increase. In 2016 the Korean
Commercial Arbitration Board (KCAB) reported record growth in the
number of arbitration cases it administered, and Korea's
Arbitration Act as well as KCAB's own International Rules were both
amended. International Arbitration in Korea is both the first book
in English to cover the most significant arbitration cases in Korea
and the first to take account of these latest amendments. The book
is an essential international arbitration resource and reference
that will be attractive to academics, arbitrators, jurists,
students, practitioners, in-house counsel, and researchers.
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