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Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, and the awarding of interest.
Law Library (Crown)
Book
xli, 556 pages ; 25 cm.
  • Introduction
  • The function of compensation and damages
  • Valuation standards and criteria
  • International valuation standards, bases of value, and valuation approaches
  • Methods of valuation in international practice
  • Interest
  • Conclusions.
Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.
(source: Nielsen Book Data)9780198749936 20170814
Law Library (Crown)
Book
xxviii, 429 p. ; 25 cm.
  • 1. Introduction-- 2. The Function of Compensation and Damages in International Law-- 3. Valuation Standards and Criteria-- 4. Valuation in Economic Practice-- 5. Valuation Methods in International Jurisprudence-- 6. Interest-- 7. Conclusion and Results.
  • (source: Nielsen Book Data)9780199551712 20160528
This title will analyse the practice of international courts and tribunals to the valuation of investment claims against states. It pays specific attention to the question of interest. Specific guidance on how valuation issues should be approached will be invaluable to counsel, advisors, judges and arbitrators in international judicial proceedings. This issue of valuation represents one of the most important aspects in international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of quantum. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase of international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. However, until recently, the issue of valuation has attracted rather little attention both in international jurisprudence and legal writing. The present book now meets the needs of foreign investors and host States by setting the issue of valuation on a more solid ground.It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges and arbitrators in international judicial proceedings.
(source: Nielsen Book Data)9780199551712 20160528
Law Library (Crown)
Book
xxxvi, 395 pages : illustrations ; 25 cm.
  • Foreword
  • Introduction
  • Micro/nano/picosatellite-activities : challenges towards space education and utilisation / Otto Koudelka
  • Capacity building in space technology development : the role of the United Nations / Werner Balogh
  • Small satellites : innovative activities, traditional laws, and the industry perspective / Neta Palkovitz
  • Small satellite industry and legal perspectives in the United States / Michael Dornik and Milton Smith
  • Launching numerous small satellites : a flourishing business? : the case of the Russian Federation / Olga A. Volynskaya and Rustam A. Kasyanov
  • Small satellites as a chance for developing countries / Romina Acevedo and Roberto Becerra
  • Authorisation of small satellites under national space legislation / Sa'id Mostershar and Irmgard Marboe
  • Liability for damage caused by small satellites : a non-issue? / Frans von der Dunk
  • Registration of small satellites and the case of the Netherlands / Tanja Masson-Zwaan
  • QB 50 : legal aspects of a multinational small satellite initiative / Jean-Françoise Mayence
  • Small satellites and space debris mitigation / Cordula Steinkogler
  • The ITU radio regulations related to small satellites / Attila Matas, Yvon Henri and Chuen Chern Loo
  • Satellite registration management for educational small satellite programmes / Piero Galeone, Daniel Sagath and Joost Vanreusel
  • The impact of technology and export controls on small satellite missions / Maximilian Trautinger
  • Launch contracts for small satellites : the essential elements / Hiroyuki Kishindo
  • Ensuring regulatory compliance for small satellites through procurement and grant conditions / Ingo Baumann
  • Crowdfunding for small satellites / Peter Platzer and Katharina Klausner
  • Do small satellites need insurance? / Cécile Gaubert.
Small Satellites - Regulatory Challenges and Chances edited by Irmgard Marboe addresses the booming phenomenon of small satellites. The rapid innovation of technology has made it possible to develop, launch and operate small satellites at rather low costs. Universities, start-ups and also governments see the chance to access outer space more easily and inexpensively. Yet, the importance to comply with existing rules and regulations that are in place to ensure that outer space is used and explored in a safe and responsible manner is sometimes overlooked. The book addresses this challenge and shows how it can be met. The contributors are renowned academics and practicioners from many different countries that share their experiences and insights and suggest practical solutions.
(source: Nielsen Book Data)9789004312227 20170907
Law Library (Crown)
Book
407 p. : ill ; 24 cm.
  • The role of "soft law" in public international law and its relevance to the international legal regulation of outer space / Steven Freeland
  • Contradictio in terminis or realpolitik? : a qualified plea for a role of "soft law" in the context of space activities / Frans von der Dunk
  • The function of "soft law" in the development of international space law / Setsuko Aoki
  • "Regulatory impact assessment" : a tool to strengthen soft law regulations / Christian Brünner, Georg Königsberger
  • Soft law in space activities : an updated view / Marco Ferrazzani
  • The importance of guidelines and codes of conduct for liability of states and private actors / Irmgard Marboe
  • The "Declaration of Legal Principles Governing the Activities of States in the Exploration of Outer Space" : the starting point for the United Nations' law of outer space / Karin Traunmüller
  • The 1982 UN Principles Governing the Use by States of Artificial Earth Satellites For International Direct Television Broadcasting / Franz Koppensteiner
  • The UN principles relating to remote sensing of the earth from outer space and soft law / Joanne Irene Gabrynowicz
  • The launching state and the registration practice resolutions as "kick off" for a new phase in space (soft) law development / Kai-Uwe Schrogl
  • The United Nations principles relevant to the use of nuclear power sources in outer space : the significance of a soft law instrument after nearly 20 years in force / Daniel A. Porras
  • The STSC/IAEA Safety Framework for Space Nuclear Power Source Applications : influence of non-binding recommendations / Leopold Summerer, Ulrike M. Bohlmann
  • The Declaration on International Cooperation in the Exploration and Use of Outer Space For the Benefit and in the Interest of All States / Gerhard Hafner
  • The legal status of the 1996 Declaration on Space Benefits : are its norms now part of customary international law? / Brian D. Lepard
  • Space debris mitigation / Carsten Wiedemann
  • The role of binding and non-binding norms in the implementation of small satellite programmes / Werner Balogh
  • The European Union's initiative for a code of conduct on space activities : a model of soft law for outer space? / Jean-François Mayence
  • A soft law approach to prevent the weaponisation of outer space / Fabio Tronchetti
  • Analysing international reactions to soft law initiatives on space security / Ben Baseley-Walker.
Law Library (Crown)
Book
xxiii, 283 pages ; 24 cm
  • Introduction
  • Examining the meaning and scope of the rule of law
  • Islamic law, the Sharia, and the rule of law
  • Rule of law and international law
  • Islamic law and freedom of expression
  • Freedom of expression and freedom of religion : conflict or convergence
  • Islamic law, international dimensions in freedom of expression
  • Concluding reflections.
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
(source: Nielsen Book Data)9781782257462 20180213
Law Library (Crown)
Book
xxiii, 283 pages ; 24 cm
  • Part I: Introduction 1. Introduction I. Opening Comments II. Scope of the Study III. Structure of the Book IV. Methodology and Literature Review Part II: Conceptualising the Rule of Law 2. Examining the Meaning and Scope of the Rule of Law I. Introduction II. The Rule of Law in Western Philosophical Thinking III. Rule of Law and Non-Western Traditions IV. Rule of Law and Islamic Law V. Applicability of the Rule of Law at the Domestic and International Levels VI. Foundational Principles of the Rule of Law VII. Conclusions Part III: Rule of Law and Comparative Examination 3. Islamic Law, the Sharia and the Rule of Law I. Introduction II. Origins of Islamic Law III. Development of Fiqh IV. Religion, Fiqh, Sharia and Law V. Law and Religion VI. Reviving the Sharia in Muslim Countries VII. An Islamic Perspective on the Rule of Law VIII. Conclusions 4. The Rule of Law and International Law I. Introduction II. Application of the Rule of Law within International Law and International Organisations III. Rule of Law and Specific UN Organs IV. Rule of Law and the Organisation of Islamic Cooperation V. The Independent Commission on Human Rights (IPHRC) VI. The Arab League VII. The Association of Southeast Asian Nations (ASEAN) VIII. Conclusions Part IV: The Sharia and Islamic Law: Rule of Law and the Application of Freedom of Expression 5. Islamic Law and Freedom of Expression I. Introduction II. Challenges in Modern Muslim State Practices and in Muslim Communities III. Freedom of Expression in the Quran IV. Apostasy and Blasphemy in the Quran V. Consultation (Shura) VI. Freedom of Expression in the Sunna VII. Freedom of Expression in the Fiqh VIII. Legal Restrictions on Freedom of Expression IX. Conclusions 6. Freedom of Expression and Freedom of Religion: Conflict or Convergence? I. Introduction II. The Nexus between Freedom of Expression and Freedom of Religion III. Freedom of Expression, Democracy and Government IV. Challenges and Potential Conflicts with the Right to Freedom of Religion or Belief V. The Boundaries of Freedom of Expression, Freedom of Religion or Belief and Anti-blasphemy Laws VI. Applicability and Impact of Blasphemy: The Case of Pakistan VII. Rationale behind Anti-blasphemy Laws VIII. Natural Justice, Rule of Law and the Crime of Blaspheming IX. Anti-blasphemy Laws and Religiously Motivated Violence and Intolerance X. Conclusions 7. Islamic Law, International Dimensions in Freedom of Expression I. Introduction II. Freedom of Expression and the Evolution of the OIC III. Countering and Combating `Defamation of Religions' IV. Resolution 16/18 and Beyond V. The `Istanbul Process': Limitations and Shortcomings VI. Rabat Plan of Action VII. OIC Agenda and the Future of Freedom of Expression VIII. Conclusions Part V: Conclusions 8. Concluding Reflections I. Future Perspectives on Islamic Law, the Rule of Law and Freedom of Expression II. International Obligations and the Future Direction of the Right to Freedom of Expression III. International Human Rights Law and Permissible Limits to Freedom of Expression IV. Freedom of Expression and Freedom of Religion.
  • (source: Nielsen Book Data)9781782257462 20180625
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
(source: Nielsen Book Data)9781782257462 20180625
Green Library

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