Memorandum To: Minister of Trade and Investment From: Margaret Bolshinsky‚ Taylan Bozkurt‚ Samantha Balancy and Rufaro Mahaci – Commonwealth Department of Foreign Affairs and Trade Date: January 15‚ 2014 Re: Issues surrounding the use of Investor-State Dispute Settlement in bilateral and regional trade agreements. We write to you regarding what we have concluded to be some issues with current Investor-State Dispute Settlements (ISDS). Based on our research‚ we find that these clauses‚ disregarded
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INTERNATIONAL LAW RELATING TO FACTOR MOVEMENT Introduction In this work it will be analyzed an important issue about International Law: International Law relating to factor movement. In international economics‚ international factor movements are movements of labor‚ capital‚ and other factors of production between countries. International factor movements occur in three ways: immigration/emigration‚ capital transfers through international borrowing and lending‚ and foreign direct investment
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STAY OF PROCEEDINGS PENDING ARBITRATION: DOES IT APPLY TO INSOLVENCY PROCEEDINGS? By Bwire B. Kuboja There are two main sources of law in Tanzania Mainland regulating stay of proceedings pending arbitration namely section 6 of the Arbitration Act and section 64 of the Civil Procedure Code Act read together with the Second Schedule to the Civil Procedure Code Act. Under section 6 of the Arbitration Act‚ a party to a submission against whom a proceeding connected to any matter agreed to be
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Sport (“CAS”) is considered essentially an international “Supreme Court” for sport. Headquartered in Lausanne‚ Switzerland‚ the basic function of the court is to resolve legal disputes in the field of sport through arbitration. It does this issuing arbitral awards; these have the same enforceability as judgments of an ordinary court. Throughout the years‚ certain instances have questioned CAS’s jurisdiction and impartiality. The Court’s short‚ but relatively rich history includes many benchmarks
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Alternative Dispute Resolution ("ADR") processes are alternative methods of helping people resolve legal problems before going to court. ADR involves an independent third person‚ called a "neutral" who tries to help resolve or narrow the areas of conflict. Most civil disputes are resolved without filing a lawsuit‚ and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a
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arbitration in the realm of international commercial arbitration through an analysis of the International Centre for Settlement of Investment Disputes1 by fundamentally examining its statutory composition‚ inception and subsequently analysing recent arbitral awards and institutional practices to derive a conclusion which would highlight the efficiency of the abovementioned organization from the perspective of a developing country. The emergence of the ICSID can be traced in the early 1960s this era
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ratified treaties and conventions. International law is directly and strongly influenced‚ although not made‚ by the writings of jurists and publicists‚ by instructions to diplomatic agents‚ by important conventions even when they are not ratified‚ and by arbitral awards. The decisions of the International Court of Justice and of certain national courts‚ such as prize courts‚ are considered by some theorists to be a part of international law. In many modern states‚ international law is by custom or statute
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A L T E R N A T I V E D I S P U T E R E S O L U T I O N I N I N D I A SUBMITTED TO: Prof. VIKRAM KUMAR SUBMITTED BY: AKANKSHA PRIYA ROLL NO. 105. A C K N O W L E D G E M E N T Before starting this project we would like to thank my faculty‚ Prof. Vikram Kumar for giving me such a wonderful topic to work on. The topic was really nice and I were very interested in doing this
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Foundations Essay - Independence of the JudiciaryTo understand the expression ’the independence of the judiciary’ you first must understand what is meant my judiciary. The judicature is:The judicial power of the commonwealth shall be vested in a Federal Supreme Court‚ to be called the High Court of Australia‚ and in such other federal courts as the Parliament creates‚ and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other
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Expropriation and Privatization Expropriation In certain circumstances‚ governments have a legitimate need and the right to take private property for public purposes. In environmental emergencies‚ public authorities may need‚ in the interest of public health‚ to resettle people whose property is located in irreparably contaminated areas. To develop infrastructure‚ such as roads and power stations‚ governments may need to acquire land to place these assets. When a government expropriates property
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