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Applicable Law in Investor-State Arbitration

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Book Series: Oxford monographs in international law ISBN: 9780199656950 Year: Pages: 343 DOI: 10.1093/acprof:oso/9780199656950.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Law
Added to DOAB on : 2013-09-21 22:37:44
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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

Political Transition and Inclusive Development in Malawi

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Book Series: Routledge Studies in African Development ISBN: 9781138925212 9781315683898 Year: Pages: 222 Language: English
Publisher: Taylor & Francis
Subject: Economics --- Political Science --- Sociology
Added to DOAB on : 2019-10-02 11:21:07
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Malawi is among the few countries in sub-Saharan Africa that has witnessed significant improvements in relation to meeting the Millennium Development Goal (MDG) targets. It exhibits some of the main challenges facing African democracies while they attempt to consolidate the benefits of democratisation. Political Transition and Inclusive Development in Malawi critically analyses opportunities and constraints related to the impact of democracy on development in one of the world’s poorest countries. The book explores how, and to what extent, processes related to democratic and economic governance can be strengthened in order to make political and administrative authorities more responsive to development needs. It also considers characteristics of successful implementation of public policy and the effective and timely delivery of basic services in local contexts; increased citizen participation and dialogue with local government authorities; factors that enable civil society organisations to hold political and administrative officials to account; and better utilisation of academic research for improved evidence-based policy formulation and implementation. This volume will be of great interest to scholars in development studies, African studies, politics, law and anthropology, as well as policymakers and those interested in democracy, governance, human rights and the implementation of anti-poverty programmes, development administration and decentralisation. 

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