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Showing result 1 - 5 of 12 essays matching the above criteria.
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1. Komstroy: Invalidating investor-State Arbitration Under the Energy Charter Treaty in intra-EU Disputes : Manifesting the Principle of Autonomy of the EU Legal Order, the International Law Infraction and the Investors Caught in Between
University essay from Stockholms universitet/Juridiska institutionenAbstract : This thesis analyses the Court of Justice of the European Union (the Court) recent ruling Komstroy on the compatibility between the EU Treaties and the investor-State arbitration mechanism contained in Article 26 of the multilateral 1994 Energy Charter Treaty (ECT). The Court determined that Article 26 ECT is inapplicable in intra-EU disputes, albeit the European Union (EU) being a Contracting Party to the ECT, because such alternative methods for dispute settlement threatens the autonomy of the EU legal order. READ MORE
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2. The Relationship Between International Investment Arbitration and Environmental Protection: Charting the Inherent Shortcomings
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Approximately 3000 international investment agreements (IIAs), mostly bilateral investment treaties, have been designed since the 1960’s to promote and protect foreign investment across the world. In case of a dispute, the agreements provide for investor-state dispute settlement (ISDS) in an arbitration tribunal. READ MORE
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3. A paradigm shift from voluntary to court-ordered climate change mitigation? The potentials and challenges of a human rights-based approach
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : The central theme of this thesis is anthropogenic climate change; governments' inability to create an effective, inclusive response mechanism that manages to mitigate anthropogenic emissions; and advocates efforts to coerce States to act by invoking State responsibility in adjudicatory dispute settlement processes. States' failure to act in accordance with scientific risk assessments and to mitigate polluting activities has led underrepresented groups to increasingly lose trust in their respective executive and legislative branches, and, by means of protest, these advocates are now turning to court. READ MORE
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4. The battle for reparation for cholera victims in Haiti
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : In 2010, an explosive cholera epidemic erupted in Haiti, killing close to 10.000 people and injuring some 800.000. Several scientific reports have traced the spread of the bacterium back to the United Nations base in the Mirebalais in Haiti, which hosted the Nepalese peacekeeping contingent. READ MORE
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5. Arbitrability and Foreign Law : An analysis of under which state’s law a dispute must be amenable to out-of-court settlement in order to be arbitrable under Swedish law
University essay from Uppsala universitet/Juridiska institutionenAbstract : Which State’s law should determine if a dispute is amenable to out-of-court settlement and consequently whether a dispute is arbitrable under Swedish law? Some legal scholars reason that general principles of private international law should solve the question as a conflict-of-laws issue, while others believe that Swedish mandatory law should apply directly. The Swedish Arbitration Act is unclear and both solutions find support in contradictory case law. READ MORE
