Academic literature on the topic 'Sovereign dispute'

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Journal articles on the topic "Sovereign dispute"

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Stewart, David P. "Blue Ridge Investments, L.L.C. v. Republic of Argentina (2D CIR.)." International Legal Materials 53, no. 1 (February 2014): 237–49. http://dx.doi.org/10.5305/intelegamate.53.1.0237.

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When does an agreement to arbitrate a commercial dispute constitute a waiver of sovereign immunity? This question has assumed increasing importance over the past decades in direct proportion to the extent that sovereign states and their agencies, entities, and instrumentalities have agreed to arbitrate their disputes with investors and under commercial contracts. On August 19, 2013, the United States Court of Appeals for the Second Circuit considered this issue in the context of a petition to confirm an arbitral award, when it ruled that by becoming a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), Argentina had waived its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA).
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THIRLWAY, HUGH. "Territorial Disputes and Their Resolution in the Recent Jurisprudence of the International Court of Justice." Leiden Journal of International Law 31, no. 1 (December 10, 2017): 117–46. http://dx.doi.org/10.1017/s0922156517000553.

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AbstractThe workload of the International Court of Justice in recent years has increasingly featured cases of disputes classified either as ‘territorial disputes’ or as ‘boundary disputes’, or otherwise involving the Court in considerations of the law relating to acquisition or transmission of territory, or to the creation, location and effect of territorial frontiers. The present survey analyzes the contributions to international law of the Court's decisions in these recent cases. Matters examined include the significance of the terms ‘boundary dispute’ or ‘territorial dispute’; the definition of what constitutes sovereign territory; titles andeffectivitésas bases for territorial claims; decolonization and theuti possidetis juris; use of natural features or of straight lines as boundaries; and relations across a frontier once established.
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Hertogen, An. "Sovereignty as Decisional Independence over Domestic Affairs: The Dispute over Aviation in the EU Emissions Trading System." Transnational Environmental Law 1, no. 2 (October 2012): 281–301. http://dx.doi.org/10.1017/s204710251200012x.

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AbstractA crucial question for international law is how to allocate regulatory jurisdiction over transboundary problems between sovereign states. Insufficient clarity can trigger disputes such as that regarding the legality of the EU Directive that extends its ETS to all flights taking off from or landing at an EU airport, including those by non-EU carriers. This article uses this dispute as the vehicle to examine sovereignty in an increasingly interdependent world. It argues that a state’s decisional inviolability is central to sovereignty. Decisional sovereignty allows a state to regulate actors or activities with a link to its territory when these affect the state’s domestic affairs, rather than leaving the state at the mercy of an actor’s home state or of other states from the territory of which the problem emerges. Moreover, allocation of regulatory jurisdiction in conformity with decisional sovereignty reduces the incentives to free-ride on other states’ regulatory efforts and incentivizes international cooperation.
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Khan, Ali Nawaz, Naveed Ahmad, and Bakht Munir. "Jurisdictional Determinants Of Investor-State Dispute Settlement: A Contemporary Critique." Global Economics Review V, no. IV (December 30, 2020): 47–57. http://dx.doi.org/10.31703/ger.2020(v-iv).05.

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International Convention for the Settlement of Investment Disputes (ICSID) has incorporated a specialized jurisdiction under the auspicious of the World Bank Group. The convention has promulgated a standing offer for the investors of the contracting states to invoke ICSID jurisdiction on the fulfilment of some determinants. ICSID tribunals have amplified the application of these determinants to the extent to overshadow the legitimate rights of sovereign states. The magnification of standards of determinants of investor-state dispute settlement has caused unpredictability of ICSID jurisdiction. Uniform and predictable standards of determinant have the potential to strengthen and promote this mechanism of institutional settlement of investment disputes.
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Tamlander, Matias. "Proposed Regulation of Third-Party Funding in Investor-State Dispute Settlement." Helsinki Law Review 14, no. 1 (February 8, 2021): 74–87. http://dx.doi.org/10.33344/vol14iss1pp74-87.

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Third-party litigation funding is increasingly used to finance legal claims in investor-state dispute settlement, with financiers funding investor claims against sovereign states in exchange for a share of potentially substantial compensation rendered in eventual arbitral awards. A chiefly unregulated phenomenon, third-party funding has been perceived especially controversial in the context of the investment arbitration regime, a system some allege is already ingrained with inequities. Third-party funding raises numerous policy questions, such as conflicts of interests, disclosure, costs of the proceedings, and even the entire permissibility of the practice in investor-state dispute settlement. This review raises various issues and concerns related to third-party funding in investor-state dispute settlement and presents the regulatory efforts and criticism thereof with regards to the reform of rules of both the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.
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PILLAI, RAJESH. "National Treatment and WTO Dispute Settlement." World Trade Review 1, no. 3 (November 2002): 321–43. http://dx.doi.org/10.1017/s147474560200126x.

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The tension between the WTO and its constituent States and the conflicting impulses of trade liberalization and domestic regulatory autonomy is well documented. This phenomenon is brought into stark relief by the perceived interference from WTO dispute settlement panels into fiscal and regulatory policy-making within States. It is clear that the GATT and GATS agreements do in fact mandate a high degree of policing by WTO panels in areas that were traditionally seen as the exclusive sovereign preserve of States.
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Meagher, Niall. "Regulatory convergence and dispute settlement in the WTO." Journal of International Trade Law and Policy 14, no. 3 (September 21, 2015): 157–62. http://dx.doi.org/10.1108/jitlp-11-2015-0041.

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Purpose – This paper aims to examine the issues faced by the World Trade Organization (WTO) dispute settlement system in disputes involving questions of regulatory convergence. The traditional focus of the WTO has been on increasing market access and eliminating discrimination in trade. Now, as tariffs have been all but eliminated and Members rarely impose obviously discriminatory trade barriers, attention increasingly turns to questions of regulatory convergence. Leaving aside questions as to the overall benefits of regulatory convergence between markets, these developments pose a significant challenge to the organs of the WTO dispute settlement – and it is here that this paper focuses. Design/methodology/approach – While General Agreements on Tariffs and Trade (GATT)/WTO law has fairly well-developed tools for identifying discrimination in trade, the tools necessary for assessing whether regulatory measures maintain the requisite balance or proportionality between sovereign/domestic concerns and trade concerns are less clear. The paper discusses this latter point. Findings – The WTO agreements are frequently not clear on where or how this balance between sovereign/domestic concerns and trade concerns is to be determined. To date, WTO panels and the Appellate Body have preferred to focus on whether they can identify any discriminatory aspects of a measure. However, they will increasingly be called to pronounce on non-discriminatory regulatory policy choices of Members. Originality/value – This paper contributes to the literature on the Appellate Body, and argues that Members will need to develop a credible and consistent balance between policy space and trade restrictiveness.
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Rashadat Majidli, Jamila. "THE INTERNATIONAL CASES CONCERNING JOINT DEVELOPMENT AGREEMENTS (The Case of Saadia Arabia- Bahrain, Japan-South Korea, Thailand-Malaysia)." ANCIENT LAND 04, no. 02 (April 21, 2021): 35–38. http://dx.doi.org/10.36719/2706-6185/04/35-38.

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This article is dedicated to analysing the joint development agreements resolving or temporarily suspending maritime boundary disputes cases between Japan-South Korea, Saadia Arabia-Bahrain, and Thailand-Malaysia. Regardless of whether any delimitation line exists or not, international law allows the parties to agree on delimitation by consulting on the most appropriate conditions or jointly operate on the disputed zone, field or maritime border. If the cross-border dispute on hydrocarbon resources exists, the conclusion of a unitization agreement is not ruled out by the international practice as much. This article identifies the features of the joint development agreements, divides them into the three models recognized internationally, analyzes the main characteristics of each model of the joint development agreements through historical important precedents. Furthermore, the research lets daylight into the essential statements that regulate the fiscal regime, share proportion issues, the sovereign right, and the right to use subsoil and the seabed, within the agreements. Key words: Maritime boundary disputes, joint development agreements, unitization agreements, delimitation, joint development zone, international cases, demarcation of the continental shelf, seabed, disputes on petroleum reservoir, oil fields, production share agreements
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Popović, Dejan, and Gordana Ilić-Popov. "Arbitration in international tax law: legal obstacles to agreeing." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 47–69. http://dx.doi.org/10.51204/anali_pfub_18202a.

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Article 25 (5) of the OECD Model Convention contains a provision that defines the failure of the mutual agreement procedure to solve a dispute whether a person has been taxed in a manner that is not in accordance with the provisions of the Convention within two years as a deferred condition for activating the arbitration clause. The parties in arbitration are the Contracting States rather than the taxpayer who initiated it. Despite the advantages of the arbitration dispute resolution, numerous developing countries do not accept the arbitration clause stating that it would violate their fiscal sovereignty from two reasons. Firstly, the authors point out that relying on the „baseball arbitration“ would diminish the relevance of the objection that arbitration jeopardises administrative independence. Secondly, the objection that the state cannot renounce its right to tax is also untenable since it overlooks the difference between the state’s sovereign inalienable right to introduce tax and its right to collect a disputed amount. Neither remaining two constitutional-law arguments are valid. From the point of view of the rule of law principle, there is no justification to confine arbitration only to the issues concerning the interpretation of facts. From the point of view of the principle of equality, the constitutional courts will not require symmetrical access to arbitration in domestic tax disputes since they tend to interpret this principle in the manner that it applies to the persons in the same or similar legal situations – namely, to those who meet the requirements for arbitration stipulated in a tax treaty. The authors conclude that Serbia should reassess its negative attitude on tax arbitration, which will make it easier for her to deal with the obligation emerging in the accession negotiations to adopt the EU Arbitration Convention as a part of the acquis.
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Benarrivo, Renaldo, and Nala Nourma Nastiti. "DIPLOMACY AND DEFENSE SPATIAL PLANNING." Jurnal Dinamika Global 5, no. 02 (December 10, 2020): 171–88. http://dx.doi.org/10.36859/jdg.v5i02.236.

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The border issue is one of the important aspects related to the main elements for the establishment of a state. From a defense point of view, the unclear physical and juridical boundaries of the territory will make it even more difficult to carry out border security. Therefore, efforts are needed to resolve land border disputes. The relationship between Indonesia and Timor Leste was marked by land border disputes following Timor Leste, which became a sovereign state. Diplomacy needs to be carried out by the two states, especially for Indonesia to support the ideal defense spatial arrangement. This paper analyzes the relationship between diplomacy and defense spatial planning by taking lessons from the settlement of land border disputes between Indonesia and Timor Leste. Keywords: Defense diplomacy, military diplomacy, border dispute.
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Dissertations / Theses on the topic "Sovereign dispute"

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O'Shea, Paul. "Playing the sovereignty game : understanding Japan's territorial disputes." Thesis, University of Sheffield, 2012. http://etheses.whiterose.ac.uk/2212/.

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This dissertation fills a gap in the literature created by the focus of conventional International Relations approaches on the escalation and de-escalation of conflict in territorial disputes. Japan's territorial disputes, while prone to controversy and flare-ups, have not witnessed any militarised conflict in their recent histories. By shifting the focus from conflict to sovereignty the dissertation allows an examination of what does take place in Japan's territorial disputes, and provides an understanding of Japan's approach to its territorial disputes and how this approach varies across time as well as across each individual dispute. The dissertation takes a constructivist approach to the relationship between international politics and international law, constructing a conceptual framework – the sovereignty game – which is adapted to the study of Japan's territorial disputes. Simply put, in contemporary international relations, states rarely use force to conquer territory. Rather, they play the sovereignty game, in which they attempt to gain or maintain sovereignty over a disputed territory by (a) successfully undertaking exercises of sovereignty over the disputed territory, and preventing other states in the dispute from engaging in exercises of sovereignty over that territory; and (b) by gaining international recognition of sovereignty over the disputed territory. States seek to exercise sovereignty by utilising their resources (capital), and the extent to which they employ this capital is determined by the relative value of the territory in question. The dissertation applies this sovereignty game approach to each of Japan's three territorial disputes, the Liancourt Rocks dispute with South Korea, the Pinnacle Islands dispute with China and Taiwan, and the Northern Territories dispute with Russia, examining the dynamics of the sovereignty game in the post-Cold War period. The dissertation finds that, due to the different relative values of the territorial disputes, Japan's approach varies: it has taken a formal, legalistic approach to the Liancourt Rocks and Pinnacle Islands dispute – at least until the mid-2000s – using sovereignty only to preserve its existing position in the disputes. However, its approach to sovereignty in the Northern Territories dispute has been characterised by a sense of moral justice, thus it seeks to prevent all Russian exercises of sovereignty while constantly attempting to push its own. .
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Esra, Yildiz. "Facilitating enforcement of international investment dispute awards." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/31157.

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In the current investment climate, most investor-state disputes are settled through investment arbitration. Investor-state arbitration enables the foreign investor to bring a case before a neutral forum, whose decision is binding and enforceable in countries across the world. In instances where the dispute is governed by an arbitration clause, the clause places the disputing parties under the jurisdiction of an arbitral tribunal. In the event of achieving a victory, the investor may nonetheless come up against the obstacle of state sovereignty, even though the state party has ostensibly waived sovereign immunity from jurisdiction. If a state rejects to comply with an award, then investors must commence a worldwide search (forum-shopping), with a view to retrieving the assets that have been awarded. In instances where the state party is victorious, there is a danger that the award payment will not be made if the foreign investor has already declared bankruptcy. Although there are two Conventions (ICSID and the New York Convention) that facilitate the enforcement of arbitral awards, neither one is sufficient to preclude the emergence of the enforcement issue. In both instances, this issue is damaging as it wastes time and money, ultimately contributing to wider inefficiencies and uncertainties in investor-state arbitration. In addressing themselves to this problem and aspiring to the reduction of the obstacle of sovereign immunity from execution, scholars and practitioners have put forward two practical solutions; firstly, a hybrid sovereignty act has been proposed; secondly, it has been suggested that the World Bank could take punitive action, refusing to provide the state party with further loans until the award is resolved. However, these proposals have, to date, not been practically applied or developed. This thesis has two primary objectives: firstly, it attempts to analyse previous solutions that have been addressed to the enforcement issue of ICSID awards: secondly, it addresses itself to two alternatives: 1) that the ICSID Administrative council can review compliance with awards; 2) that countermeasures can be initiated against the failing state under the law of state responsibility (the ILC Articles on State Responsibility). In concluding, the thesis will consider the various advantages and disadvantages associated with each of the aforementioned solutions, ultimately proposing an approach that is best-suited to upholding the interest of the victorious party at the enforcement stage.
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Davis, Darrin D. "Arctic sovereignty disputes: international relations theory in the high north." Monterey, California. Naval Postgraduate School, 2011. http://hdl.handle.net/10945/10589.

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As an emerging geopolitical hotspot, will the future of the Arctic be dominated by conflict or cooperation among states? With the potential for vast natural resources and the promise of transpolar shipping, the opening Arctic may be the new frontier for global competition. This thesis uses two theories of international relations, neorealism and neoliberal institutionalism, to evaluate the geopolitical landscape of an opening Arctic. This thesis argues that the characterization of the Arctic as a zone of either competition or cooperation is overly simplistic. While structural neorealist theory can accurately account for some of the Arctic countries' behavior, it is unable to explain forms of cooperation existing and emerging among them. In addition to laying out the overall state of cooperation and conflict among the Arctic countries, this thesis also examines two cases in detail: conflicts between Russia and Norway over the Barents Sea, and the United States and Canada over the Northwest Passage. Neorealism fails to account fully for the emergence of cooperation in the form of an equitable treaty on the maritime delimitation line between Russian and Norway. The international regimes were enablers of inter-state cooperation in the U.S.-Canadian case, and were a contributing factor in dispute settlement.
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Al-Naqbi, Yousif Ebraheem Ahmed. "The sovereignty dispute over The Gulf Islands : Abu Musa, Greater and Lesser Tunbs." Thesis, University of Glasgow, 1998. http://theses.gla.ac.uk/2534/.

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Hernández, Rodríguez Carol Frances. "The Dispute Over the Commons: Seed and Food Sovereignty as Decommodification in Chiapas, Mexico." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4403.

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Seeds have become one of the most contested resources in our society. Control over seeds has intensified under neoliberalism, and today four large multinational corporations control approximately 70 percent of the global seed market. In response to this concentration of corporate power, an international social movement has emerged around the concept of seed sovereignty, which reclaims seeds and biodiversity as commons and public goods. This study examines the relationship between the global dynamics of commodification and enclosure of seeds, and the seed sovereignty countermovement for decommodification. I approach this analysis through an ethnographic case study of one local seed sovereignty movement, in the indigenous central region of Chiapas, in southern Mexico. I spent eight months between 2015 and 2016 conducting field research and documenting the development of the Guardians of Mother Earth and Seeds project, a local initiative focused on seed and food sovereignty that was initiated in 2015 by DESMI, the most established NGO working in this region. It encompasses 25 peasant communities--22 indigenous and 3 mestizo--from the Los Altos, Norte-Tulijá, and Los Llanos regions of Chiapas. I also collected data from 31 other communities in the region involved to varying degrees with this agenda of seed and food sovereignty. This study incorporates both communities affiliated with the Zapatista Army of National Liberation (EZLN) and non-Zapatista communities. Three research questions guide this dissertation: (1) How do the increasing industrialization and commodification of seed systems and agriculture affect peasant communities in Chiapas?; (2) How is the local seed and food sovereignty countermovement responding to those processes of commodification?; and (3) How does this case study contribute to understanding the relationship between capital's tendency to enclose the commons and the protective countermovements that attempt to resist such market encroachments? This study found that the development of industrial agriculture and the commodification of seeds at the global and national scales have implied neither the displacement of these communities' native seeds by commercial seeds, nor their privatization--two of the most frequent potential risks denounced by representatives of the national and international seed sovereignty movement. Instead, the main impact of industrial agriculture and Green Revolution policies in the study region has been the chemicalization of peasant agriculture, with attendant negative impacts on the environment and human health. I also found that subsistence agriculture--the main mechanism through which native seeds are reproduced within communities--is undergoing a process of severe deterioration, which partially responds to the neoliberal dismantling of governmental institutions and programs supporting peasant agriculture. A key finding of this research is that the deterioration of subsistence agriculture is the main risk that the neoliberal restructuring of agriculture poses to native seeds. In response to these developments, communities in this study have embraced a project of decommodification focused on enhancing and expanding their subsistence agriculture. This project encompasses agroecology, food production collectives, and initiatives for agro-biodiversity conservation and ecological restoration. I argue that this project contributes to the decommodification of subsistence agriculture in the region, primarily by strengthening the non-commodified structures that are essential for these communities social reproduction.
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Kiiashko, Sergii. "Essays on Maturity Structure of Sovereign Debt." Thesis, Princeton University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10824697.

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In the first chapter, I develop a tractable model to study the optimal debt maturity structure and fiscal policy in an environment with incomplete markets, lack of commitment, and opportunity to default by the government. The default on public debt is endogenous and the real interest rate reflects the default risk and the marginal rate of substitution between present and future consumption. I show that the maturity is used to resolve the time-consistency problem: The present government can incentivize future governments to stick to an ex ante optimal sequence of fiscal policies and interest rates. In the second chapter, I show that if both risk-free interest rates and risk premiums can be manipulated, the optimal maturity structure tends to have a decaying profile: The government issues debt at all maturity dates, but the distribution of payments over time is skewed toward the short-term end. Debt maturity data across countries are consistent with model predictions. In the last chapter, I study the sovereign debt maturity structure of a small-open economy in a model with stochastic interest rates and opportunity to default by the government. If default premiums are perfectly foreseen, the optimal debt policy is to issue only one-period debt. Short-term debt disciplines the future governments not to over borrow compared to ex ante optimal allocations because, otherwise, the sovereign has an incentive to dilute the value of long-term debt ex post. If default premiums are stochastic but locally independent of level of debt, sovereign issues consol bonds or maturity is flat. Flat maturity hedges the government against unpredictable swings in interest rates and smooths consumption over states of the world. If default premiums are stochastic (so that maturity can be used as a hedging against changes in interest rates) and continuously increasing in outstanding debt (so that sovereign has an incentive to use short-term debt to minimize dilution of long-term debt in the future), the optimal maturity is mostly short-term debt as minimizing costs associated with lack of commitment is quantitatively more important compared to minimizing costs associated with lack of insurance.

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Shen, Yiming. "Public and private international laws, aspects of the resolution of disputes between foreign banks and Chinese sovereign borrowers." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/NQ39308.pdf.

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Lee, Seokwoo. "International law and the resolution of territorial disputes over islands in East Asia." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365507.

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Tourre, Fabrice. "A Macro-Finance Approach to Sovereign Debt Spreads and Returns." Thesis, The University of Chicago, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10600193.

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Foreign currency sovereign bond spreads tend to be higher than historical sovereign credit losses, and cross-country spread correlations are larger than their macro-economic counterparts. Foreign currency sovereign debt exhibits positive and time-varying risk premia, and standard linear asset pricing models using US-based factors cannot be rejected. The term structure of sovereign credit spreads is upward sloping, and inverts when either (a) the country's fundamentals are bad or (b) measures of US equity or credit market stress are high. I develop a quantitative and tractable continuous-time model of endogenous sovereign default in order to account for these stylized facts. My framework leads to semi-closed form expressions for certain key macro-economic and asset pricing moments of interest, helping disentangle which of the model features influences credit spreads, expected returns and cross-country correlations. Standard pricing kernels used to explain properties of US equity returns can be nested into my quantitative framework in order to test the hypothesis that US-based bond investors are marginal in sovereign debt markets. I show how to leverage my model to study the early 1980's Latin American debt crisis, during which high short term US interest rates and floating rate dollar-denominated debt led to a wave of sovereign defaults.

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Ellerby, Clive Richard. "British interests in the Falkland Islands : economic development, the Falkland lobby and the sovereignty dispute, 1945 to 1989." Thesis, University of Oxford, 1990. http://ora.ox.ac.uk/objects/uuid:9b49beee-e54f-4190-8f0b-403289776cba.

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The aim of the thesis is to study the circumstances which influenced the policy of the British Government towards the decolonization of the Falklands from 1945 to 1989. A comprehensive approach to the subject enabled an examination of the inter-relationship between the various forces which defined the nature of the dilemma. The themes included economic development, the form of landownership in the Colony, Falkland politics, the strategic value of the Islands, Anglo- Argentine trade and the Antarctic dimension. The thesis presents an original interpretation of how volatile and unpredictable pressures defined the dispute. A pattern emerges which shows that Government policy consisted of responses to different situations. The structure is based on a chronological approach which concentrates on the seven major turning-points in the dispute and how they were perceived in Britain and the Falklands. It also includes three original case studies. First, there is a socio- economic study of the peculiar approach to the colonization of the Falklands in the nineteenth century which provides a background to later developments. Secondly, the 1982 Conflict shows how the problems of the last British colonial territories can be in inverse proportion to their size. Thirdly, the examination of the Falkland Lobby gives a detailed account of how a successful British pressure group is organized. The primary sources used were Foreign and Colonial Office files at the Public Records Office (Kew) for the period up to the 1950s, and the archives of the Falkland Islands Association for the period from the mid-1960s. These were supplemented by private papers, the records of the Falkland Islands Company in London, interviews with prominent people, contemporary newspapers, official documents and secondary sources.
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Books on the topic "Sovereign dispute"

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Resolution of disputes between foreign banks and Chinese sovereign borrowers: Public and private international law aspects. The Hague: Kluwer Law International, 2000.

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The sovereignty dispute over the Falkland (Malvinas) Islands. New York: Oxford University Press, 1988.

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O'Reilly, J. G. Ceuta and the Spanish sovereign territories: Spanish and Moroccan claims. Durham: International Boundaries Research Unit, Dept. of Geography, University of Durham, 1994.

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Sharma, Surya Prakash. Territorial acquisition, disputes, and international law. The Hague: M. Nijhoff Publishers, 1997.

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Paul, Rohrlich, Mahajan Harpreet, and Columbia University. Institute of War and Peace Studies., eds. Peace and disputed sovereignty: Reflections on conflict over territory. Lanham: University Press of America, 1985.

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Laver, Roberto C. The Falklands/Malvinas case: Breaking the deadlock in the Anglo-Argentine sovereignty dispute. The Hague: Martinus Nijhoff, 2001.

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Laver, Roberto C. The Falklands/Malvinas case: Breaking the deadlock in the Anglo-Argentine sovereignty dispute. The Hague: Martinus Nijhoff Publishers, 2001.

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Guyana. Ministry of Foreign Affairs. In defence of Guyana's sovereignty and territorial integrity: The Guyana-Suriname maritime boundary dispute. Georgetown, Guyana: Ministry of Foreign Affairs, 2000.

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Aomen zhu quan wen ti shi mo (1553-1993): Disputes concerning Macau's sovereignty between China and Portugal (1553-1993). Taibei Shi: Yong ye chu ban she, 1994.

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Haller-Trost, R. Historical legal claims: A study of disputed sovereignty over Pulau Batu (Pedra Branca). Durham: University of Durham International Boundaries Research Unit, 1993.

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Book chapters on the topic "Sovereign dispute"

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Khan, Rebecca E. "Not a Third Party: Home State Participation As a Matter of Right in Investment Treaty Arbitration." In Public Actors in International Investment Law, 97–115. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_6.

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AbstractHost states are not the only sovereign parties that an investment dispute can impact. The sovereign interests of an investor’s home state are also potentially affected by an investment claim initiated by a national against an investment treaty partner, and more mechanisms should be put in place to ensure that the home state has access to the arbitration proceedings. This chapter argues for non-disputing state party participation as a matter of right in investment treaty arbitration cases. Whether or not the home state of the investor is informed of and allowed to participate in an investment dispute has largely been left to the discretion of arbitral tribunals; arbitration rules and jurisprudence have regarded the home state no differently than non-governmental third parties seeking to participate in the arbitration as amici curiae. From the perspective of increased transparency in the investor-state dispute settlement system, this chapter posits that non-disputing state parties must be accorded an elevated status in investor-state arbitration, with the following rights: first, to be formally notified at the outset about an investment treaty dispute; second, to have access to the documents of the arbitration case; and, third, to make written submissions with respect to the interpretation of the international investment agreement invoked in the claim. The analysis begins by identifying the sovereign interests of the home state that come into play in an investment treaty arbitration. The perils of diplomatic protection are examined in this chapter, to provide the perspective from which to delimit the parameters for non-disputing state party participation. A survey of arbitration rules and jurisprudence outlines the level of participation thus far accorded to home states in investment treaty arbitration.
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Núñez, Jorge E. "Dispute settlement." In Territorial Disputes and State Sovereignty, 91–116. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-5.

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Núñez, Jorge E. "Territorial disputes." In Territorial Disputes and State Sovereignty, 67–90. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-4.

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Koulu, Riikka. "Sovereignty and state agenda." In Law, Technology and Dispute Resolution, 109–40. New York, NY : Routledge, 2018. | Series: Law science and society: Routledge, 2018. http://dx.doi.org/10.4324/9781315149479-5.

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Núñez, Jorge E. "Sovereignty and self-determination." In Territorial Disputes and State Sovereignty, 41–63. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-3.

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Núñez, Jorge E. "Territorial disputes in the Americas." In Territorial Disputes and State Sovereignty, 119–45. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-6.

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Núñez, Jorge E. "Territorial disputes in law and politics." In Territorial Disputes and State Sovereignty, 3–15. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-1.

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Núñez, Jorge E. "State." In Territorial Disputes and State Sovereignty, 16–40. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-2.

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Núñez, Jorge E. "Territorial disputes in Europe and Asia." In Territorial Disputes and State Sovereignty, 146–70. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-7.

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Núñez, Jorge E. "Territorial disputes in Africa and Middle East." In Territorial Disputes and State Sovereignty, 171–94. Abingdon, Oxon; New York, NY : Routledge, 2021. | Series: Routledge research in international law: Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-8.

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Conference papers on the topic "Sovereign dispute"

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Li, Zhi. "Analysis on Dispute of Sovereignty of the Diaoyu Island in the Horizon of International Law." In 2014 2nd International Conference on Education Technology and Information System (ICETIS 2014). Paris, France: Atlantis Press, 2014. http://dx.doi.org/10.2991/icetis-14.2014.26.

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Çilliler, Yavuz. "The Influence of Political Economy on the “Self-Determination of Peoples”." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01856.

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Abstract:
The right of peoples to "self-determination” is influenced by varying motives in different times and geographies in its implementation, and is rarely operated according to its foundational ethic and legal bases dating back to the Kantian concept of free will and the international laws codified after the World War II. Particularly, political economy has always played an important but usually covered role in the application of this principle to national or international disputes. This paper aims to explain the dominance of political economy in international decision making processes about the people making a claim for their own state, and to highlight the changing nature of political economy supporting sometimes the sovereign states and sometimes the sub-state level ethnic groups. In this context, the theoretical development and the application of “self-determination” principle is assessed relatively by historical comparison method. Field research for the study comprises archival research of primary and secondary resources. This paper concludes that the political economy has usually greater influence on the application of “self-determination” to the national and international disputes than its ethic and legal content, and that the paradoxical content of this principle contributes to the redistribution of lands usually in compliance with the interests of great powers.
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Gunal, Faruk. "A CASE STUDY OVER THE CONCEPT OF “EFFECTIVITÉS” TO DECIDE SOVEREIGNTY OVER DISPUTED ISLANDS: MALAYSIA/SINGAPOR." In 21st International Academic Conference, Miami. International Institute of Social and Economic Sciences, 2016. http://dx.doi.org/10.20472/iac.2016.021.012.

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Reports on the topic "Sovereign dispute"

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Hernandez Rodriguez, Carol. The Dispute Over the Commons: Seed and Food Sovereignty as Decommodification in Chiapas, Mexico. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.6287.

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