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Relevant bibliographies by topics / State dispute Settlement

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Academic literature on the topic 'State dispute Settlement'

Author: Grafiati

Published: 11 March 2023

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Journal articles on the topic "State dispute Settlement"

1

KANG, Taewook. "Problems of Investor-State Dispute Settlement (ISDS)." Journal of Advanced Research in Law and Economics 10, no. 2 (2020): 561. http://dx.doi.org/10.14505//jarle.v10.2(40).16.

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The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors. ISDS is Dispute settlements between investors and countries. This is not suit proceedings but arbitration proceedings. That is, ‘activities of the third party to arbitrate and settle disputes by intervening between parties in dispute. ’However, Dis

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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.

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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state d

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Dong, Limin. "Why International Conciliation Can Resolve Maritime Disputes: A Study Based on the Jan Mayen Case." Sustainability 15, no. 3 (2023): 1830. http://dx.doi.org/10.3390/su15031830.

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The settlement of maritime disputes is an important issue faced by many countries. Choosing an appropriate settlement method is the primary task of policy makers. International conciliation, which results from careful and systematic evaluation, could become the primary choice of dispute settlement. During conciliation, parties have dominant and final decision-making power over the settlement of disputes, and there is flexibility in the application of law and procedural rules. The Conciliation Commission provides independent third-party advice, and the political and time costs of dispute settle

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Khan, Ali Nawaz, Zaheer Iqbal Cheema, and Jawwad Riaz. "Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement." Global Management Sciences Review V, no. IV (2020): 40–47. http://dx.doi.org/10.31703/gmsr.2020(v-iv).05.

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Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started i

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Jyoti and A. S. Sidhu. "Satisfaction of Textile Workers with Awards/Settlements: An Empirical Analysis." Management and Labour Studies 30, no. 3 (2005): 236–46. http://dx.doi.org/10.1177/0258042x0503000303.

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The Indian industrial relations model is based on the free enterprise-cum-planning-cum-growing public sector-cum parliamentary democracy model of growth. For the purpose of securing peace in industry and to give a fair deal to the workers, Indian industrial relations system has also designed different organs for the settlement of industrial disputes. Two methods are generally followed in the state of Punjab as well as in the country as a whole to deal with the industrial disputes viz., (1) Direct settlement, and (2) Third party settlement. A number of studies have been carried out to evaluate

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Kelam, Ivica. "Investor to State Dispute Settlement." Synthesis philosophica 34, no. 1 (2019): 59–71. http://dx.doi.org/10.21464/sp34105.

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Until recently, international trade agreements did not cause any public reaction and were considered irrelevant to everyday life. The experience of the existing international trade agreements from NAFTA, through TPP, to TTIP and CETA, which are in the process of negotiations or ratification, has shown that they have a huge impact on the daily lives of citizens and affect the entire society and economy. These agreements are negotiated and concluded by neglecting ethical principles, democratic procedures, and human rights, where only economic interests are taken into account. In this paper we wi

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Kugler, Kholofelo. "The AfCFTA’s Success Depends on Effective Dispute Settlement Mechanisms for the Private Sector." Global Trade and Customs Journal 16, Issue 11/12 (2021): 558–63. http://dx.doi.org/10.54648/gtcj2021070.

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The state-to-state nature of the dispute settlement mechanism (DSM) of the Agreement Establishing the African Continental Free Trade Area (AfCFTA) could serve as a barrier to ensuring dispute resolution under this regional trade agreement. African countries’ low participation in trade dispute resolution at the World Trade Organization (WTO) and within their own regional economic communities (RECs) indicates that these countries either do not have the capacity to resolve trade issues through contentious litigation or those types of dispute settlement mechanisms are not suited to their needs. Ho

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ALLEE, TODD L., and PAUL K. HUTH. "Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover." American Political Science Review 100, no. 2 (2006): 219–34. http://dx.doi.org/10.1017/s0003055406062125.

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We develop and test a general argument about the conditions under which state leaders are most likely to choose legal dispute resolution over bilateral negotiations as a means to settle international disputes. Our central claim is that leaders who anticipate significant domestic audience costs for the making of voluntary, negotiated concessions are likely to seek the “political cover” of an international legal ruling. In such cases, it will be easier for leaders to justify the making of concessions if they are mandated as part of a ruling by an international court or arbitration body. We test

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Lee, Jaemin. "Dispute Settlement Mechanisms in U.S. FTAs with Korea, Panama, Peru and Colombia: Basic Designs, Key Characteristics and Implications." British Journal of American Legal Studies 5, no. 2 (2016): 487–504. http://dx.doi.org/10.1515/bjals-2016-0017.

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Abstract The United States concluded free trade agreements (FTAs) with Korea, Peru, Panama and Colombia in late 2000s. Since the four FTAs were negotiated and concluded largely contemporaneously, key traits and characteristics of the agreements are similarly formulated. In light of this, dispute settlement mechanisms (state-to-state dispute settlement proceedings, investor-state dispute settlement proceedings, and Joint Committees) of the four FTAs also share commonalities. At the same time, new ideas and suggestions are explored in the four FTAs. While issues and disputes under the four FTAs

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Serdiuk, Olexandr Vasiliovich, and Georgiy Viktorovich Grabchak. "Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes." Problems of Legality, no. 155 (December 20, 2021): 238–53. http://dx.doi.org/10.21564/2414-990x.155.239558.

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The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the concept of equal

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Dissertations / Theses on the topic "State dispute Settlement"

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Koopmans, Sven Michael George. "Diplomatic dispute settlement : the use of inter-state conciliation." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670090.

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Nowakowski, Jesse. "A Critical Examination of Investor State Dispute Settlement in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39144.

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This study critically examines rulings of Investor State Dispute Settlement (ISDS) tribunals. Under the North American Free Trade Agreement’s (NAFTA) Chapter 11, ISDS provides foreign investors with the tools to launch a claim against signatory countries should they feel their investment was inhibited by local regulations. Empirically this study draws upon Windstream Energy LLC. v. the Government of Canada as a case study to analyze the competing responses exchanged during the tribunal’s hearings. The claim by Windstream Energy LLC against the Government of Ontario (GoO) serves as both a centr

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Martin, Sara <1996&gt. "BRI e Investor - State Dispute Settlement: verso una nuova direzione?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2021. http://hdl.handle.net/10579/19384.

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Con l’implemento del progetto cinese della Via della Seta è emersa la necessità di individuare un meccanismo di risoluzione delle controversie appropriato, in grado di regolare i rapporti tra gli stati coinvolti. I trattati bilaterali d’investimento stipulati nei primi anni del XXI secolo secondo il diritto internazionale vedevano per lo più l’impiego del Centro per la Risoluzione delle Dispute in materia di Investimenti (ICSID) e di altri organismi delle Nazioni Unite. L’affermazione della Cina come nuova potenza economica globale e l’adesione di numerosi Paesi Europei e Asiatici all’iniziati

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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.

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Magister Legum - LLM<br>The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australi

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Knahr, Christina. "Participation of non-state actors in the dispute settlement system of the WTO: benefit or burden? /." Frankfurt am Main [u.a.] : Lang, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/525118349.pdf.

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Dani, Mojtaba. "The Perception of Bias in the Energy Case Law Within the Investor–State Dispute-Settlement System." Thesis, Griffith University, 2016. http://hdl.handle.net/10072/365257.

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The investor–state dispute-settlement (ISDS) system has been suffering a crisis of legitimacy, arising inter alia from the perception among some states that the system is biased in favour of foreign investors. This perception of bias has emerged from a range of disputes over the last decade, particularly in the energy sector. While the case data show that states prevail more often than investors,1 the issue remains that a sense of disaffection with the system is continuing to deepen. Therefore, this thesis addresses the following research question: Is the perception of bias among some states w

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Falsafi, Alireza. "Applicable law in state contracts : the drive to create a supranational legal regime in international arbitral dispute settlement." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19623.

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This thesis addresses the question of the application of a supra-national legal regime to the substance of disputes arising from State contracts in the context of international arbitral dispute settlement. Foreign private parties seek to subject the merits of their contractual relationships with a State arising from a State contract to a legal regime superior to the national law of the State party. Such a supra-national legal regime has been advanced through a de-localization trend in international arbitration. In the main, the de-localization trend defies a jurisdictional concept of the legal

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ZORATTO, LAURA DE CASTRO. "DISPUTE SETTLEMENT MECHANISM UNDER NAFTA AND MERCOSUL: DETERMINING LOGICS AND THEIR REFLEXES ON THE RELATIONSHIP BETWEEN STATE AND ENTERPRISE." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2004. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=5230@1.

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FUNDAÇÃO DE APOIO À PESQUISA DO ESTADO DO RIO DE JANEIRO<br>A dissertação analisa os acordos de integração do Nafta e do Mercosul, especialmente a estrutura institucional e o mecanismo de solução de controvérsias de cada um deles. O trabalho analisa ainda como a lógica determinante de cada acordo afetou sua institucionalidade, criando marcos distintos para a relação entre Estado e empresa em cada bloco. Para tal, duas controvérsias solucionadas no âmbito de cada acordo foram selecionadas para análise, buscando dar destaque à atuação dos Estados e das empresas envolvidas no conflito. Per

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Garcia-Rubio, Mariano. "On the application of customary rules of state responsibility by the WTO dispute settlement organs : a general international law perspective /." Genève : IUHEI, 2001. http://www.gbv.de/dms/sbb-berlin/328957178.pdf.

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Garcia, Rubio Mariano. "On the application of customary rules of state responsibility by the WTO dispute settlement organs : a general international law perspective /." Genève : Institut universitaire de hautes études internationales, 2001. http://catalogue.bnf.fr/ark:/12148/cb377248004.

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Books on the topic "State dispute Settlement"

1

Development, United Nations Conference on Trade and. Dispute settlement: State-State. United Nations, 2003.

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Nations, United, ed. Investor-state dispute settlement. United Nations, 2014.

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United Nations Conference on Trade and Development. Dispute settlement: Investor-State. United Nations, 2003.

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Kaufmann-Kohler, Gabrielle, and Michele Potestà. Investor-State Dispute Settlement and National Courts. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44164-7.

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Diplomatic dispute settlement: The use of inter-state conciliation. T.M.C. Asser, 2008.

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United Nations Conference on Trade and Development., ed. Investor-state dispute settlement and impact on investment rulemaking. United Nations, 2007.

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Molinuevo, Martín. Protecting investment in services: Investor-state arbitration versus WTO dispute settlement. Kluwer Law International, 2012.

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Protecting investment in services: Investor-state arbitration versus WTO dispute settlement. Kluwer Law International, 2012.

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Rubio, Mariano Garcia. On the application of customary rules of state responsibility by the WTO dispute settlement organs: A general international law perspective. Graduate Institute of International Studies, 2001.

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Tufte, Per Arne. Velkommen til velferdsstaten?: Gjeldsordningsloven i et rettferdighetsperspektiv = Welcome to the welfare state? : how fair is the Debt Settlement Act? Statens institutt for forbruksforskning, 1993.

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Book chapters on the topic "State dispute Settlement"

1

Núñez, Jorge E. "Dispute settlement." In Territorial Disputes and State Sovereignty. Routledge, 2020. http://dx.doi.org/10.4324/9780429273254-5.

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Koopmans, Sven M. G. "The Development of Inter-State Conciliation." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_3.

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Koopmans, Sven M. G. "The Use of Inter-State Conciliation." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_6.

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Anthony VanDuzer, J., and Patrick Dumberry. "Investor–state dispute settlement." In Promoting and Managing International Investment. Routledge, 2020. http://dx.doi.org/10.4324/9780429059957-11.

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Zhao, Longyue. "Investor-State Dispute Settlement." In Modern China and International Rules. Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-7576-9_7.

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Koopmans, Sven M. G. "Diplomatic Dispute Settlement AND INTER-STATE CONCILIATION." In Diplomatic Dispute Settlement. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-675-6_2.

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Zhao, Chunlei. "Analyzing the State-to-State Dispute Settlement System in the EU-China Comprehensive Agreement on Investment." In International Investment and Dispute Settlement. Routledge, 2022. http://dx.doi.org/10.4324/9781003226352-2.

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Mondré, Aletta. "The Effects of International Dispute Settlement Procedures." In State Transformations in OECD Countries. Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137012425_5.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "European Tribunal in Matters of State Immunity." In Dispute Settlement in Public International Law. Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_74.

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Nichols, Shawn. "Investor-State Dispute Settlement Mechanisms and Imperialism." In The Palgrave Encyclopedia of Imperialism and Anti-Imperialism. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-91206-6_143-1.

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Conference papers on the topic "State dispute Settlement"

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Fu, Lixiao. "Legal review on investor-state dispute settlement under TPP." In 2016 3rd International Conference on Modern Economic Technology and Management. Asian Academic Press Co., Limited, 2017. http://dx.doi.org/10.24104/rmhe/2017.02.02003.

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Brodlija, Fahira, and Lidija Šimunović. "THE PATH OF (R)EVOLUTION OF THE INTERNATIONAL INVESTOR STATE DISPUTE SETTLEMENT REGIME." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11929.

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Zhang, Wei. "The Hierarchy of Remedies Under the WTO Dispute Settlement System and Its Impact." In 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/jahp-18.2018.147.

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Sudihar, Arie, I. G. A. K. Rachmi Handayani, and Waluyo Pujiyono. "The Practical Settlement of Norm Dispute Upon Separated State Assets in The Limited Company of Stated-Owned Enterprise." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.69.

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Kršňáková, Hana. "The Singapore Convention: A Giant Leap for Mediation or Just Too Good to Be True." In COFOLA International 2022. Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0231-2022-3.

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In this article, the author will explore the potential of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “Singapore Convention on Mediation” in reaching its desired goal – becoming an essential instrument in the facilitation of international trade and support the wide recognition of mediation as an international and domestic commercial dispute resolution practice. Hence becoming what was and still is the United Nations Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards for the international

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Petrović, Milena. "MINI SUĐENjE (MINI – TRIAL) – NOVI TALAS U REŠAVANjU MEĐUNARODNIH PRIVREDNIH SPOROVA." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.887p.

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The mini - trial is an alternative dispute resolution (ADR) procedure that is used by businesses to resolve legal issues without incurring the expense and delay associated with court litigation. It does not result in a formal adjudication but is a vehicle for the parties to arrive at a solution through a structured settlement process. It is used most effectively when complex issues are at stake and the parties need or wish to maintain an amicable relationship. The term ’mini - trial’ is a misnomer, as it is not a trial, mini or otherwise. Rather, it is a voluntary, private, informal, confident

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Schewe, Christoph. "The Controversy over the Transatlantic Trade and Investment Partnership (TTIP) and Its Investor-State Dispute Settlement = Pretrunas investoru un valsts strīdu izšķiršanā Transatlantiskās tirdzniecības un investīciju partnerības (TTIP) līgumā." In Latvijas Universitātes 74. zinātniskā konference. LU Akadēmiskais apgāds, 2016. http://dx.doi.org/10.22364/juzk.74.01.

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Zhang, Zhengyi, and Qiwei Wu. "International Energy Investment Disputes Settlement Involving Asian States." In 2021 International Conference on Public Relations and Social Sciences (ICPRSS 2021). Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.211020.215.

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Koval, Alexandra G., Sergey F. Sutyrin, and Olga Y. Trofimenko. "Latin American experience in the WTO dispute settlement: recommendations for Russia and the EAEU states." In Proceedings of the Third International Economic Symposium (IES 2018). Atlantis Press, 2019. http://dx.doi.org/10.2991/ies-18.2019.51.

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Kačer, Hrvoje, Blanka Kačer, and Fani Milan Ostojić. "QUO VADIS CHF CASE – STANjE U REPUBLICI HRVATSKOJ 2022. GOD. … ILI KADA ĆE BANKE (I JOŠ NEKI) KONAČNO SHVATITI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.169k.

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Proceedings are pending before various domestic and international courts and the International Court of Investment Disputes (ICSID) in Washington, with both uncertain timing and content of the decision. Although it is true that relatively long time ago it was ruled on the nullity of banks' power to unilaterally change the interest rate and in this sense the partial nullity of credit agreements, as well as the nullity of the currency clause in CHF, new controversies have emerged over time (from the deadlines for suing onwards). The collective dispute (and the decisions in it) is not the only on

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Reports on the topic "State dispute Settlement"

1

Moore, Ryan. The Investor-State Dispute Settlement (ISDS) Debate: Do Savings Provisions Influence Arbitration Outcomes? Portland State University Library, 2000. http://dx.doi.org/10.15760/etd.7447.

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Mitra, Sudeshna, Amlanjyoti Goswami, Deepika Jha, Sahil Sasidharan, Kaye Lushington, and Tsomo Wangchuk. Land Records Modernisation in India: Himachal Pradesh. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195648504.

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This work provides an institutional, legal and policy review of crucial aspects of land records modernisation systems in Himachal Pradesh. A state characterised by hilly terrain, high forest cover and low urbanisation, Himachal Pradesh provides useful lessons to understand the robustness and diversity of land record administration systems. The property regimes that have historically developed in the state include customary rights, common property resources, jointly held rights, and multiple other use and possession arrangements. There is a restriction on who can transact properties in the stat

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