...pay. The negation of the authority of international environmental customary laws and principles should be avoided at the behest of a state’s obligation to compensate. [1] Jorge E. Vinuales, Environmental... Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying GlassSeptember 25, 2020 in Blog by clairesheridan
Authors: Jayanth K. Krishnan* and Priya Purohit** Published: April 2015 Description: A rather remarkable development – upon which surprisingly little research has focused – is occurring within a religious monarchy... A Common-Law Court in an Uncommon Environment: The DIFC Judiciary ...July 17, 2020 by Claire Sheridan
...at environmental protection. This post argues that the inclusion of host states’ counterclaims provides an effective procedural mechanism for the adjudication of environmental disputes in treaty arbitrations. BACKGROUND Although the... Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...March 26, 2019 in Blog by ARIA
...Change and the Environment, June 2022. [8] Global Climate Litigation Report: 2020 Status Review, United Nations Environment Programme, Sabin Centre for Climate Change Law, page 6. [9] The degree to... What Role Does Dispute Resolution Have in Tackling Climate Change?September 28, 2023 in Blog by Yue-Zhen Li
...recently begun to point out that this type of international arbitration limits the protection of some human rights, such as the rights to water, health, a healthy environment, and the... TagTime with Dr. Yas Banifatemi – Arbitration as a means ...March 11, 2021 in Blog / TagTime by clairesheridan
...environmental figures have mobilized governments worldwide to develop new policies regulating foreign investments. The Impact of COVID-19 on ESG Popularity The COVID-19 pandemic pushed emission-producing corporations to the center... ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...September 22, 2023 in Blog by Yue-Zhen Li
...the MST.[7] The tribunal held that the FTA entitled Eco Oro to legitimate expectations that Colombia would ensure a predictable business environment, which were violated in the confusing regulatory environment... Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...November 24, 2021 in Blog by ARIA
...and their environment from corporate exploitation. Under NAFTA and other bilateral investment treaties, Sachs’ argues, nations may be held liable to investors for passing laws damaging foreign investment even if... US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...November 11, 2018 in Blog by ARIA
...growth.[50] There is accordingly much to be done at a grassroots level to create an environment in which non-white counsel and arbitrators can develop their skills and thrive. 4.1 Inadequate... A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...July 27, 2022 by ARIA
...environmental protection by encouraging sustainable business practices. The dispute settlement mechanism provided in the CAI will help to enforce these commitments. PROTECTING HUMAN RIGHTS THROUGH ENVIRONMENTAL AND LABOR REGULATIONS The... The EU-China Comprehensive Agreement on Investments – Promoting Sustainable Business ...February 25, 2021 in Blog by clairesheridan
...economic independence through a variety of measures promoting private enterprise, international trade, and foreign investment. Since then, a succession of legislative acts has created a legal environment that is sufficiently... Estonia Establishes A Permanent Arbitration Tribunal* – Vol. 2 No. ...July 30, 2020 by Claire Sheridan
...Europe, combined with a massive influx of foreign investment, have altered dramatically the environment for international arbitration in the region.” Although the focus of the volume is on both civil... David W. Rivkin and Charles Platto, Eds., Litigation and Arbitration ...July 28, 2020 by Claire Sheridan