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Journal articles on the topic 'Umbrella clauses'

Author: Grafiati

Published: 25 May 2024

Last updated: 31 July 2025

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1

Footer, Mary E. "Umbrella Clauses and Widely-Formulated Arbitration Clauses: Discerning the Limits of icsid Jurisdiction." Law & Practice of International Courts and Tribunals 16, no. 1 (2017): 87–107. http://dx.doi.org/10.1163/15718034-12341343.

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This article examines the scope and the limits of icsid arbitration involving umbrella or “observance of undertakings” clauses and widely-formulated arbitration clauses, both of which may provide investors with broad recourse to dispute settlement for disputes related to investment, as defined in the applicable bilateral investment treaty (bit). It does so by analysing the origins and rationale behind both clauses as well as how they operate in principle and in practice. It appears there is no jurisprudence constante concerning the application of either clause. However, a clearer picture is em

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Bakhshali Zeynalli, Nargiz. "SIGNIFICANCE OF UMBRELLA CLAUSES IN INTERNATIONAL INVESTMENT LAW." SCIENTIFIC WORK 65, no. 04 (2021): 362–65. http://dx.doi.org/10.36719/2663-4619/65/362-365.

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A large number of investment treaties contain provisions, often referred to as ‘umbrella clauses’, that require host states to respect non-treaty commitments and obligations made to foreign investment covered by the treaty. This article examines the general nature of umbrella clauses, their historical background, the various forms that they can take, and their application by arbitral tribunals. In view of the unsettled state of the jurisprudence on umbrella clauses, the article concludes with a suggested framework of analysis for applying umbrella clauses to specific investments, setting out a

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Borg, Guillaume, and Jean-Christophe Honlet. "The Decision of the ICSID Ad Hoc Committee in CMS v. Argentina Regarding the Conditions of Application of an Umbrella Clause: SGS v. Philippines Revisited." Law & Practice of International Courts and Tribunals 7, no. 1 (2008): 1–32. http://dx.doi.org/10.1163/157180308x332739.

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AbstractIn CMS v. Argentina, an ICSID ad hoc Committee partially annulled the first ICSID award on the merits dealing with the 2000–2002 Argentine crisis, for failure to state reasons regarding the conditions of application of an umbrella clause. This question was somewhat overshadowed in prior cases by the question of the clause's effect. The key finding of the Committee is that an umbrella clause does not change the content, proper law of, and parties to, the obligations of the State, the breach of which may trigger the umbrella clause. The decision of the CMS ad hoc Committee has sparked de

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Gözlügöl, Alperen Afşin. "The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice." Journal of World Investment & Trade 21, no. 4 (2020): 558–94. http://dx.doi.org/10.1163/22119000-12340184.

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Abstract Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper const

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De Luca, Anna. "Umbrella Clauses and Transfer Provisions in the (Invisible) EU Model BIT." Journal of World Investment & Trade 15, no. 3-4 (2014): 506–33. http://dx.doi.org/10.1163/22119000-01504008.

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The draft Investment Chapter of the Comprehensive Economic and Trade Agreement (ceta) between the European Union (eu) and Canada includes an umbrella clause, on eu’s proposal. Nevertheless, the inclusion in the final text of such a clause appears to be uncertain. Furthermore, the wording of the umbrella clause, proposed by the eu, fails to address all uncertainties regarding the effects and scope of application of umbrella clauses still existing in jurisprudence. Conversely, the inclusion in the draft Investment Chapter of a transfer provision, accompanied with safeguard provisions in case of

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Meurling, E., and B. Volders. "Umbrella Clauses in International Investment Litigation." European Procurement & Public Private Partnership Law Review 2, no. 2 (2007): 7. http://dx.doi.org/10.21552/epppl/2007/2/54.

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Morales, Nicolas Gamboa. "Algunas Consideraciones sobre Antecedentes y Evaluación Arbitral de las Cláusulas Paraguas." Revista Brasileira de Arbitragem 6, Issue 22 (2009): 116–29. http://dx.doi.org/10.54648/rba2009024.

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RESUMO: O artigo trata das umbrella clauses, de sua definição como sendo aquelas que, de maneira geral, permitem elevar o nível do conflito surgido em relação a um contrato entre um investidor e o Estado receptor do investimento, ao âmbito internacional. Descreve os antecedentes destas cláusulas e finaliza mencionando sentenças arbitrais, proferidas a partir de 2003, nas quais se tentou traçar uma linha divisória e fixar um horizonte às umbrella clauses.

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de Lucas, Jaime Bandrés. "Umbrella Clauses: Uncertain Contract Protection Under IIAS." Journal of Globalization, Competitiveness, and Governability 10, no. 2 (2016): 100–113. http://dx.doi.org/10.3232/gcg.2016.v10.n2.06.

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Hur, Yunseok, and Jaewoong Yoon. "Application of Umbrella and Most Favored Nation Clauses Related to Restrictions Imposed on the Ratione Materiae of an Arbitration Clause." Korean Academy Of International Commerce 38, no. 1 (2023): 85–102. http://dx.doi.org/10.18104/kalc.2023.38.1.85.

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Purpose: This study analyses the umbrella clause and the most favored nation clause by focusing on A11Y Ltd. v. Czech Republic issued under international commercial arbitration. Research design, data, and methodology: Typical case analysis deals with the issues surrounding the selection of applicable cases for international commercial arbitration. Results: Under the arbitration clause, which explicitly excludes disputes regarding the FET clause and the non-discrimination clause, it is not acceptable to invoke both clauses through an umbrella clause. Conclusions: Above all, fr

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Dessie, Tilahun Ayalew. "ICSID, Jurisdictional Basis, and Its Arbitral Perspectives: The Arbitral Tales of Umbrella Clause and Its Future." International Journal of Arts, Humanities and Social Studies 3, no. 6 (2021): 246–61. https://doi.org/10.5281/zenodo.5810112.

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The development of international investment law in the last 50 years changed the paradigm of the standing before international law that individual investors have the right to directly institute investment claims even without having any contractual relationship with the host state. This non-privity nature of arbitration is more developed through a jurisprudence of arbitration tribunal adjudications. In this regard, the role played by ICSID is very pivotal. Among the jurisdictional basis of ICSID tribunals, the umbrella clause is one of the common bases of jurisdiction that frequently existed in

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Petsche, Markus. "Restrictive Interpretation of Investment Treaties: A Critical Analysis of Arbitral Case Law." Journal of International Arbitration 37, Issue 1 (2020): 1–26. http://dx.doi.org/10.54648/joia2020001.

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This article critically discusses the recourse to the principle of restrictive interpretation (in dubio mitius) by treaty-based investor-state arbitral tribunals. Although its status as a rule of international law is at best controversial, in dubio mitius has been applied by a number of arbitral tribunals interpreting umbrella clauses and most-favoured-nation (MFN) provisions contained in investment treaties. This article shows that restrictive interpretation is inappropriate and undesirable. It highlights, first of all, that no rational justification for in dubio mitius exists and that the so

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Caline Mouawad and Elodie Dulac. "The Protection Offered by “Umbrella Clauses” in Korean Investment Treaties." JOURNAL OF ARBITRATION STUDIES 23, no. 3 (2013): 127–47. http://dx.doi.org/10.16998/jas.2013.23.3.127.

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Uysal, Ezgi. "Sustainability Clauses in ‘Public’ Contracts." European Review of Contract Law 20, no. 1 (2024): 105–27. http://dx.doi.org/10.1515/ercl-2024-2004.

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Abstract Under the Public Sector Directive, public buyers are allowed to include sustainability considerations in their purchasing decisions within the limits of the principles of procurement. This framework allows criteria linked to the subject matter to be contractualised. Though different criteria are widely employed in public procurement within the umbrella of sustainable public procurement, the literature mostly focuses on stages leading to the contract award instead of considering the public contract as a document incorporating contractual obligations. On the other side, green and social

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Shookman, Jamie. "Too Many Forums for Investment Disputes? ICSID Illustrations of Parallel Proceedings and Analysis." Journal of International Arbitration 27, Issue 4 (2010): 361–78. http://dx.doi.org/10.54648/joia2010021.

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Parallel proceedings occur when the same cause of action is adjudicated in more than one forum, either before multiple domestic courts, domestic and international courts, or before multiple international forums. Parallel proceedings are problematic at both the national and international levels as they waste money and conflicting results undermine legal certainty. The doctrines of lis pendens and res judicata are the most common solutions to managing the problem, yet both are difficult to apply in the arbitration context. Other mechanisms, such as anti-suit injunctions, so-called umbrella claus

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Washington, Jonathan North, and Francis Morton Tyers. "Delineating Turkic non-finite verb forms by syntactic function." Proceedings of the Workshop on Turkic and Languages in Contact with Turkic 4, no. 1 (2019): 115. http://dx.doi.org/10.3765/ptu.v4i1.4587.

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In this paper, we argue against the primary categories of non-finite verb used in the Turkology literature: “participle” (причастие ‹pričastije›) and “converb” (деепричастие ‹dejepričastije›). We argue that both of these terms conflate several discrete phenomena, and that they furthermore are not coherent as umbrella terms for these phenomena. Based on detailed study of the non-finite verb morphology and syntax of a wide range of Turkic languages (presented here are Turkish, Kazakh, Kyrgyz, Tatar, Tuvan, and Sakha), we instead propose delineation of these categories according to their morpholo

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Canyaş, Asli Bayata. "How to interpret umbrella clauses in bilateral investment treaties: different perspectives and solutions." International Journal of Public Law and Policy 1, no. 1 (2022): 1. http://dx.doi.org/10.1504/ijplap.2022.10050132.

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Antony, J. "Umbrella Clauses Since SGS v. Pakistan and SGS v. Philippines - A Developing Consensus." Arbitration International 29, no. 4 (2013): 607–40. http://dx.doi.org/10.1093/arbitration/29.4.607.

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Canyaş, Aslı Bayata. "How to interpret umbrella clauses in bilateral investment treaties: different perspectives and solutions." International Journal of Public Law and Policy 9, no. 4 (2023): 418–31. http://dx.doi.org/10.1504/ijplap.2023.134278.

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Panjwani, Pratyush. "The Role of Travaux in Interpreting BIT Provisions: Are Tribunals Over-Prepared to Resort to Preparatory Works?" Journal of World Investment & Trade 20, no. 4 (2019): 473–512. http://dx.doi.org/10.1163/22119000-12340140.

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Abstract While multilateral investment treaties have formed the centrepiece of much academic discourse, an uncharacteristic literary silence has eclipsed the issue of interpretation of bilateral investment treaties under the scheme of the Vienna Convention on the Law of Treaties (VCLT). This article travels this untraversed territory by revisiting the basics of the principles encapsulated in the hierarchical set-up of Articles 31 and 32 VCLT, and juxtaposing this foundational set-up against its frequent oversights by investment tribunals. These oversights are exemplified by the divergent inter

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de Borja, Ana Gerdau. "A Aplicação do Direito Comunitário em Arbitragens de Investimento." Revista Brasileira de Arbitragem 7, Issue 25 (2010): 60–75. http://dx.doi.org/10.54648/rba2010003.

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ABSTRACT: This paper investigates the application of Community law as part of the law of the host state in investment treaty arbitration. In particular, it examines applicable law rules of investment treaties, default rules setting out applicable law rules, and umbrella clauses and broad jurisdiction clauses under such treaties. The author argues that the terms of a bilateral investment treaty (BIT), which derives from international law, define the scope and the limits of any reference to the law of the host state. In this sense, Community law, such as European Union and Andean Community law,

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Gallus, N. "An Umbrella just for Two? BIT Obligations Observance Clauses and the Parties to a Contract." Arbitration International 24, no. 1 (2008): 157–70. http://dx.doi.org/10.1093/arbitration/24.1.157.

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Carska-Sheppard, Andrea. "Issues Relevant to the Termination of Bilateral Investment Treaties." Journal of International Arbitration 26, Issue 6 (2009): 755–71. http://dx.doi.org/10.54648/joia2009041.

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Unlike the umbrella clauses contained in bilateral investment treaties (BITs), the termination clauses and issues relevant to the termination of BITs have not sparked the same level of legal interest. BITs occupy an area in the legal system at the intersection of sensitive political and legal issues and, as such, the process of termination of BITs is not void of its complexities. This article discusses some of the issues of termination of BITs by first setting up a brief background on the termination of treaties. It then focuses on BITs and their termination effectuated pursuant to the provisi

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Lapa, Viktoriia. "National Margin of Appreciation as a Standard of Review for Economic Sanctions: in Search of the Golden Fleece?" Italian Yearbook of International Law Online 27, no. 1 (2018): 53–75. http://dx.doi.org/10.1163/22116133-02701004.

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Recent economic sanctions imposed by the EU and US on Russia in relation to the Ukrainian conflict revived a discussion concerning the security exception clauses in international law. These clauses permit a particular state to take action aimed at protection of its national security that might be otherwise inconsistent with its substantive treaty obligations. Taking into account the ambiguity of such clauses, the question arises as to how to verify whether the adopted sanctions are indeed introduced with national security in mind and not to pursue pure protectionist aims. This article examines

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Paramita, Kartika. "Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard." Hasanuddin Law Review 6, no. 1 (2020): 25. http://dx.doi.org/10.20956/halrev.v6i1.1570.

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The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. Af

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Dimopoulos, Angelos. "The Compatibility of Future EU Investment Agreements with EU Law." Legal Issues of Economic Integration 39, Issue 4 (2012): 447–71. http://dx.doi.org/10.54648/leie2012026.

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Compatibility with EU law presents a key challenge for the success of EU investment policy. When EU institutions conclude EU IIAs, they should consider the limitations imposed by primary EU law and the impact of EU IIAs on the legality and validity of secondary Union law. As comprehensive EU IIAs will integrate investment liberalization and protection and will be (partly) based on BITs, significant adjustments to BIT language are required in order to ensure compatibility: the definition of investor has to respect Article 54 TFEU, exceptions reflecting the TFEU should be included to the provisi

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Tronci, Liana. "Impersonal Constructions Between Personae and ‘Personlessness’. Strategies of Language Manipulation in Aeschines and Demosthenes." Trends in Classics 14, no. 2 (2022): 318–48. http://dx.doi.org/10.1515/tc-2022-0014.

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Abstract This paper investigates the distribution of different types of impersonal constructions in Attic oratory and focuses on the data taken from two political speeches, i. e., Aeschines’ Against Ctesiphon (speech 3) and Demosthenes’ On the Crown (speech 18). The topic of impersonal constructions in Ancient Greek has not yet received much attention from scholars, with the exception of some studies devoted to singular aspects, e. g., the semantics and morphosyntax of impersonal verbs and the comparison with other Indo-European languages. No attention has been paid to the analysis of textual

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SCHEBESTA, Hanna, Tom VERDONK, Kai P. PURNHAGEN, and Bert KEIRSBILCK. "Unfair Trading Practices in the Food Supply Chain: Regulating Right?" European Journal of Risk Regulation 9, no. 4 (2018): 690–700. http://dx.doi.org/10.1017/err.2019.2.

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This report examines the pending Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, and its proposed amendments. It provides a general overview of the current content of the Proposal and analyses the proposed rules from a legal perspective. We find that: (1) the CAP legal basis may prove insufficient for regulation that covers the entire agri-food chain; and may (2) result in a strained relationship with the competition and consumer acquis; (3) the empirical basis for the prevalence of unfair trading practices, and the effect of

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Aguma, Charles. "The Principle of Ultra Vires and the Local Authorities’ Decisions in England." European Journal of Law Reform 15, no. 3 (2013): 267–98. https://doi.org/10.5553/ejl/138723702013015003006.

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The Principle of Ultra Vires and the Local Authorities’ Decisions in England The hypothesis of this article is that valid administrative decisions from local authorities are guaranteed via clear and precise enabling clauses in the primary legislation. The article argues that the style of drafting local authorities’ legislations influences decisions taken by local authorities. First, legislations need to be drafted in a style that clearly and precisely spells out the limits of powers of the local authorities in order to provide sufficient guidance to local authorities’ administrators to act law

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Lassen, Inger. "Stylistic dilemmas in document design." Document Design 3, no. 1 (2002): 32–53. http://dx.doi.org/10.1075/dd.3.1.06las.

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In technical discourse, the majority of texts are found to be accessible only to a specialist audience, and the feeling is prevalent with some technical genres that they would lose their generic integrity if part of their complexity was removed, since such a change would jeopardize the acceptability of the texts. Technical translators, on the other hand, often feel a strong need to simplify conventional technical writing style, which by convention has a high frequency of passives, nominalizations, nonfinite clauses and compound noun clusters, and omits some definite articles. Halliday (1994) a

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Kurniawan, Faizal, and Shintarini Kristine Setyobudi. "KLAUSULA TIPPING FEE DALAM KONTRAK KERJASAMA PEMERINTAH DENGAN SWASTA (PUBLIC-PRIVATE PARTNERSHIP) PENGELOLAAN PERSAMPAHAN." ADIL: Jurnal Hukum 4, no. 1 (2015): 24–48. http://dx.doi.org/10.33476/ajl.v4i1.27.

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AbstractGovernment is obligated to provide sound public services, including waste management service. Up to now, private companies are still needed to assure innovative, efficient, and environmentally-oriented waste management service. The involvement of private sector in this Public-Private Partnership to provide such public service should be put in a legal contract, which is distinctive in nature and which is commonly known as a non-provisional government contract. The model of such contracts varies depending on the catered sector.This paper discusses the principles of non-provisional contra

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Hietz, Kristina. "(No) drama with grammar." Scenario: A Journal for Performative Teaching, Learning, Research XV, no. 1 (2021): 128–35. http://dx.doi.org/10.33178/scenario.15.1.9.

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This Window-of-Practice contribution is based on my Master’s thesis written in the Department of Foreign Language Education in Innsbruck, Austria. It discusses a performative approach to teaching grammar in EfL contexts. “Performative” is used as an umbrella term to describe different forms of language teaching that derive from the performing arts (Schewe, 2013). The motivation behind this topic lies in my enthusiasm for drama and the conviction that a drama-based approach applied to language learning is efficient, motivating and sustainable. The contribution provides insights into the methodo

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Van den Putte, Lore. "EU Bilateral Trade Agreements and the Surprising Rise of Labour Provisions." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 3 (2015): 263–83. http://dx.doi.org/10.54648/ijcl2015015.

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Surprisingly, labour provisions in EU bilateral trade agreements have widened and deepened over the past decade. One would have expected the opposite, given the coming to power of centre-right governments in the early 2000s and a stronger liberalization agenda since 2006. This article addresses this rather remarkable development. First of all it dismisses the argument that protectionist motives underlie the stronger social clauses in EU trade agreements. Instead, drawing on the theory of the life-cycle of norms, it suggests that social trade has become an unobjectionable norm within the EU. Th

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Jayswal, Viajay Prasad. "TRADITIONAL KNOWLEDGE AS A PROTECTED FORM OF INTELLECTUAL PROPERTY RIGHTS IN NEPAL: A LAW AND POLICY ASSESSMENT." Journal of Ayurveda Campus 2, no. 1 (2021): 120–26. http://dx.doi.org/10.51648/jac.40.

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A serious discourse is built around the world for proper and better protection of traditional knowledge associated with intellectual property rights. Traditional knowledge was considered as a leftover subject in intellectual property governance since the IP has been a talk of the town. Nepal is rich in terms of traditional knowledge associated with indigenous communities largely used in the medical sectors or what we generally name with “ home-grown medicines”. There is a lack of proper protection and also incentives for these communities and researches have shown that there are also possibili

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Montaldo, Stefano. "Integration examinations for regular migrants: the difficult search for a balance between national competencies and full effectiveness of EU law." UNIO – EU Law Journal 2 (June 1, 2016): 39–53. http://dx.doi.org/10.21814/unio.2.4.

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According to Article 79(4) TFEU, integration policies fall under the competence of the Member States, while the EU plays a complementary role. However, the EU has been exercising an increasing influence in this domain: on the one hand, the Commission launched a series of policy initiatives, under the common umbrella of a European Integration Agenda, aiming at coordinating national efforts and best practices; on the other hand, integration clauses were included in some secondary acts concerning regular migration. In this context, Directive 2003/109/EC on long-term residents and Directive 2003/8

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Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean, and Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws." International Journal of Educational Research & Social Sciences 1, no. 1 (2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.

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Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence o

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Die Bhakti Wardoyo Putro putro and Siti Rochmiyati Siti Rochmiyati. "Penerapan Pendidikan Karakter pada Genre Deskripsi dalam Buku Teks Bahasa Indonesia Kelas VII dalam Upaya Meningkatkan Kualitas Diri." SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora 7, no. 2 (2021): 109–16. http://dx.doi.org/10.30738/sosio.v7i2.10733.

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Indonesian language textbooks in junior high schools consist of various genres, one of which is genre description. It is hoped that the description genre will be able to instil character education in students. This study aims to determine the cultivation of character education in Indonesian textbooks, especially genre descriptions. This research is qualitative descriptive research. The data of this research are in the form of phrases, words, clauses, sentences, paragraphs, and discourses that contain the cultivation of character education in Indonesian junior high school textbooks. The data we

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Silingardi, Stefano. "THE PROTECTION OF PRIVATE INVESTORS’ RIGHTS IN RECENT INTERNATIONAL INVESTMENT AGREEMENTS." Italian Yearbook of International Law Online 25, no. 1 (2016): 251–74. http://dx.doi.org/10.1163/22116133-90000115a.

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A new set of international legal rules has been developed in the recent practice of investment law, intended to balance the promotion of foreign investments with the creation of safeguards for public policies. After a brief introduction, which addresses that trend in the light of the expansion of negotiations on mega-regional agreements as the “new” instrument of investment regulation, the second section of this article discusses the question of the convergence of the protection of private investors and the protection of States’ regulatory power in the experience of NAFTA countries and the mos

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Puspita, Aina Cahya, and Tri Reni Novita. "Tinjauan Yuridis terhadap Asuransi Jiwa dalam Proses Pelaksanaan Penyelesaian Klaim Pembayaran Asuransi." Rechtsnormen Jurnal Komunikasi dan Informasi Hukum 1, no. 1 (2022): 8–14. http://dx.doi.org/10.56211/rechtsnormen.v1i1.99.

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Insurance is like an umbrella that must be available before the rain arrives. No one expects disasters and misfortunes to happen to themselves and their possessions. However, disasters or events that cause losses are often unavoidable. Insurance is protection or protection for yourself and your family and property when something unexpected happens. This type of research is normative legal research with descriptive analytical research. In conducting data collection, it is done by means of library research. This literature research uses secondary legal materials and tertiary legal materials. To

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Carroll, Lee. "What Place Does an Umbrella Clause Have in the New Generation of Bilateral Investment Treaties?" Journal of International Arbitration 40, Issue 2 (2023): 125–54. http://dx.doi.org/10.54648/joia2023007.

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In the new wave of international investment treaties, investor protections are under scrutiny as states seek to ‘restore’ their right to regulate. The umbrella clause is one investor protection under reconsideration. The perception, held by some, is that the umbrella clause permits an ‘unjustified intrusion’ into a state’s right to regulate within its territory. For that reason, the clause is increasingly being omitted from modern-day treaties. This article undertakes a detailed analysis of the umbrella clause and its divergent construction by investment treaty tribunals. It focuses on four pa

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Gates Tapia, Anna M., and Douglas Biber. "Lexico-grammatical stance in Spanish news reportage." Revista Española de Lingüística Aplicada/Spanish Journal of Applied Linguistics 27, no. 1 (2014): 208–37. http://dx.doi.org/10.1075/resla.27.1.09gat.

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The small South American country of Ecuador has recently come to international attention for perceived threats to journalistic freedom: first a major defamation lawsuit against El Universo (filed in March 2011) for unfounded criticisms of President Correa, and more recently passage of a highly controversial law of communications in June, 2013. Due to these developments, there is reason to believe that media reportage in Ecuador will currently be highly circumspect in the expression of opinions and evaluations, discourse functions that have been investigated under the umbrella of ‘stance’ in pr

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Karabulut, Ebru Olcay, and Pinar Karacan Dogan. "Metaphorical Perceptions of Folk Dances Trainers Regarding the Concept of Folk Dances." International Journal of Higher Education 7, no. 2 (2018): 84. http://dx.doi.org/10.5430/ijhe.v7n2p84.

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This research was carried out with the help of metaphor to determine the perception of folk dances trainers regarding the concept of folk dances. The study was carried out with a total of 141 folk dances trainers (85 men and 56 women), who depend on the Folk Dances Federation of Turkey.In the study, a semi-structured interview form was used to allow participants to freely express their opinions on the specific subject. In this context, each participant was asked to write a metaphor about the concept of folk dances and to explain it. To determine the metaphorical perceptions of the concept of ‘

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Hasan, Dalia I., and Attila Sipos. "Navigating the skies: Arbitration in aviation disputes." Journal of Infrastructure, Policy and Development 9, no. 1 (2025): 9975. https://doi.org/10.24294/jipd9975.

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While the International Civil Aviation Organization (ICAO) Council is sometimes criticized for the potential influence of political agendas on its decisions, while the International Court of Justice (ICJ) is criticized for its limited jurisdiction and dependence on the party’s willingness to accept the ICJ’s jurisdiction, a crucial concern is raised over the efficiency of the current Dispute Resolution Mechanisms (DRM) for aviation industry related disputes. Unravelling the compelling inquiry that hangs in the air: Just how efficient is the current aviation arbitration legal system? Is the eff

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조희문. "Interpretation of the Umbrella Clause in Investment Treaties." JOURNAL OF ARBITRATION STUDIES 19, no. 2 (2009): 95–126. http://dx.doi.org/10.16998/jas.2009.19.2.95.

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Hamamoto, S. "Parties to the 'Obligations' in the Obligations Observance ('Umbrella') Clause." ICSID Review 30, no. 2 (2015): 449–64. http://dx.doi.org/10.1093/icsidreview/siv002.

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Weissenfels, Axel. "Independent BIT Standard or Mere Affirmative Commitment? The Umbrella Clause Interpreted." Austrian Review of International and European Law Online 10, no. 1 (2007): 95–124. http://dx.doi.org/10.1163/157365105x00034.

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Herliana, Herliana. "INCONSISTENCIES IN ICSID AWARDS ON DISPUTES RELATED TO MFN AND UMBRELLA CLAUSE." Diponegoro Law Review 6, no. 2 (2021): 247–64. http://dx.doi.org/10.14710/dilrev.6.2.2021.247-264.

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Investment arbitration has been acclaimed as an important part of Foreign Direct Investment (FDI) movement around the globe because it provides a neutral and trustable forum for settling investment dispute. However, many argue that investment arbitration often becomes advocates of foreign investors and neglect the developing country’s interests as the host of investment. This paper aims at studying the investment arbitration awards rendered by International Center for Settlement of Investment Dispute (ICSID) tribunals launched against developing countries. The question is whether and to what e

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Liana Endah Susanti, Ratna Anggraini, Dwi Edi Wibowo Handriyanto Wijaya. "THE ANALYSIS OF STANDARD AGREEMENT IN CREDIT TRANSACTIONS THROUGH FINANCIAL TECHNOLOGY VIEWED FROM LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION." UNIFIKASI : Jurnal Ilmu Hukum 6, no. 1 (2019): 61. http://dx.doi.org/10.25134/unifikasi.v6i1.1603.

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The rapid development of technology including its use in financial sector has made the process of financial inclusion and literacy easier, especially for a country where its community does not have a high financial understanding. Unfortunately, the practice of Financial Technology (Fintech) which should have put forward Law No. 8 of 1999 concerning Consumer Protection is considered unfavorable for the community. Hence, this study intends to investigate several issues regarding financial technology (fintech) which include the implementation of standard agreement in credit transactions through f

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Sinclair, A. C. "The Origins of the Umbrella Clause in the International Law of Investment Protection." Arbitration International 20, no. 4 (2004): 411–34. http://dx.doi.org/10.1093/arbitration/20.4.411.

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Yannaca-Small, K. "BIVAC BV v Paraguay versus SGS v Paraguay: The Umbrella Clause Still in Search of One Identity." ICSID Review 28, no. 2 (2013): 307–13. http://dx.doi.org/10.1093/icsidreview/sit026.

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Kurochkina, P. D., and V. L. Tolstykh. "Comparative Analysis of Bilateral Investment Treaties of the Russian Federation." Juridical science and practice 17, no. 3 (2021): 39–46. http://dx.doi.org/10.25205/2542-0410-2021-17-3-39-46.

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The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of

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