scholarly journals Ex Pluribus Unum? On The Form and Shape of a Common Code of Ethics in International Litigation

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 312-316 ◽  
Author(s):  
Chiara Giorgetti ◽  
Jeffrey L. Dunoff
Keyword(s):  
Working Group ◽  
Dispute Settlement ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Optimal Process ◽  
Member States ◽  
Group Iii ◽  
Common Code ◽  
First Time ◽  
Preparatory Work

In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This groundbreaking development signals that, for the first time, a consensus exists that a code of ethics for Investor-State dispute settlement is desirable and needed. This contribution addresses three threshold questions that such preparatory work raises, namely: the preferred form of the code, the code's substantive reach, and the optimal process for bringing a code to fruition. As set out below, we urge that states adopt a mandatory common code of ethics for disputes involving states, and that arbitral institutions adopt this code as part of their rules for administering arbitration.

Canada’s Pro-Ban Stance on Double-Hatting: Playing the Long Game in ISDS Reform?

2021 ◽  
pp. 1-26
Author(s):  
CÉLINE LÉVESQUE
Keyword(s):  
Working Group ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
International Investment ◽  
Group Iii ◽  
Investment Promotion ◽  
Long Run ◽  
International Investment Agreements ◽  
The Subject ◽  
Investment Agreements

Abstract The practice of arbitrators and counsel in investor-state dispute settlement (ISDS) cases simultaneously playing both roles — known as “double-hatting” — has been the subject of much controversy in recent debates on ISDS reform, notably, at the United Nations Commission on International Trade Law’s (UNCITRAL) Working Group III where a Draft Code of Conduct for Adjudicators in International Investment Disputes is under discussion. While Canada has been less than consistent in its approaches to ISDS in recent international investment agreements (IIAs), its position against double-hatting has been rather constant. This article explores whether this stance reveals a commitment on the part of Canada towards increased judicialization of ISDS or reflects a “flavour of the month” reform likely to change with differing IIAs and negotiating partners. Analysis of Canada’s recent IIA practices, including its model Foreign Investment Promotion and Protection Agreement, released in May 2021, and the positions it has taken at UNCITRAL’s Working Group III, lead the author to conclude that Canada appears committed to increased judicialization of ISDS in the long run.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

scholarly journals Lo que se está discutiendo en la CNUDMI: evolución o revolución en el sistema de solución de controversias inversor-Estado = What is being discussed in the UNCITRAL: evolution or revolution in the investor-State dispute

2020 ◽  
Vol 12 (1) ◽  
pp. 203
Author(s):  
Enrique Fernández Masiá ◽  
Margherita Salvadori
Keyword(s):  
Working Group ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Institutional Reform ◽  
International Investment ◽  
Access To Justice ◽  
Group Iii ◽  
International Investment Law ◽  
El Sistema ◽  
The Eu

Resumen: La principal iniciativa para reformar el sistema de solución de controversias inversor-Estado está siendo debatida en el Grupo de Trabajo III de la CNUDMI. Se están discutiendo propuestas específicas tanto para una reforma procesal como institucional. En lo que se refiere a la reforma institucional, la Unión Europea propone el establecimiento de un tribunal multilateral de inversiones, que rompería con el sistema actual ad-hoc. Con independencia de estas propuestas, cada vez parece existir un mayor acuerdo para la adopción de un Centro de asesoramiento sobre el Derecho internacional de inversiones, que podría solventar la cuestión de la duración y costes de los procedimientos, facilitar el acceso a la justicia y, mejorar la elaboración de los futuros Acuerdos internacionales.Palabras clave: Arbitraje inversor-Estado , Grupo de Trabajo III de la CNUDMI, Tribunal Multilateral de Inversiones, Mecanismo de Apelación, Centro de Asesoramiento.Abstract: The main initiative to reform the system of investor-State dispute settlement is being debated by Working Group III appointed by the UNCITRAL. Specific proposals for a procedural and institutional reform of the system are being discussed. As concerns the institutional reform, the EU proposes the establishment of a multilateral investment court, which would break the current ad hoc-based system. Independent from these proposals, there appears to be a growing consensus on the establishment of an Advisory Centre on International Investment Law, which could address the issue of costs and duration of procedures, enhance access to justice issues, apart from improving the future treaty law-making.Keywords: Investor-State Arbitration,UNCITRAL Working Group III, Multilateral Investment Court, Appellate Mechanism, Advisory Centre.

Investment Arbitration and Police Powers: Emerging Issues

2020 ◽  
Vol 5 (1) ◽  
pp. 392-399
Author(s):  
Crina Baltag
Keyword(s):  
Working Group ◽  
Dispute Settlement ◽  
Burden Of Proof ◽  
Group Iii ◽  
Host State ◽  
Police Powers ◽  
Investment Arbitration ◽  
Emerging Issues ◽  
Environmental Component ◽  
Matters Of Concern

The doctrine of police powers is increasingly raised as a defence by host States in investment arbitration proceedings, in particular in the context of claims with an environmental component. The succinct analysis below highlights that while the doctrine can effectively be enforced by arbitral tribunals in determining that a measure taken by a host State and resulting in loss of property of an investor does not constitute expropriation, certain concerns with the application of this doctrine must still be addressed. The limitations to the police powers, as well as the issue of burden of proof, as recently discussed in Les Laboratoires Servier v. Poland, are few of the matters of concern. Further, the discussion is even more timely in the context of the investor-State dispute settlement reform and the discussions in the UNCITRAL Working Group III.

A Common Code of Conduct for Investment Arbitrators?

2019 ◽  
Vol 113 ◽  
pp. 217-219
Author(s):  
Chiara Giorgetti
Keyword(s):  
Dispute Settlement ◽  
Code Of Conduct ◽  
Reform Process ◽  
Ethical Standards ◽  
Common Code ◽  
Arbitral Proceedings

Investor-State Dispute Settlement (ISDS) is in the midst of an important reform process, and the call for reform includes ethics. Amongst others, criticisms related to ethics in ISDS include concerns related to the lack of diversity among arbitrators, the ensuing increasing possibility of personal, professional, and issue conflicts, the concern that actors can simultaneously wear multiple hats (so-called “double hatting”) as they can serve as counsel in one arbitration and as arbitrator or expert in another that deals with similar or connected issues, as well as, more generally, the lack of common ethical standards applicable to all participants in arbitral proceedings irrespective of their diverse legal cultures.

Congress of the International Association of Music Libraries, Archives and Documentation Centres (The International IAML Congress)

2010 ◽  
pp. 90-92
Author(s):  
Alla A. Semenuk
Keyword(s):  
International Association ◽  
First Time ◽  
Preparatory Work

Congress of the International Association of Music Libraries, Archives and Documentation Centres will be the first time in Russia, in Moscow. The article describes the preparatory work for the Congress.

scholarly journals The notion of ‘employer’: Towards a uniform European concept?

2021 ◽  
pp. 203195252199115
Author(s):  
Matthijs van Schadewijk
Keyword(s):  
Functional Approach ◽  
Working Relationships ◽  
Eu Law ◽  
Member States ◽  
Corporate Groups ◽  
European Legislation ◽  
Contractual Approach ◽  
First Time ◽  
The Eu ◽  
The Way

The growth in multilateral working relationships (e.g. agency work, chains of sub-contracting and corporate groups) is causing Member States to increasingly scrutinise their traditional, contractual approach to the notion of ‘employer’. So far, little attention has been paid to the boundaries and limits that EU law sets when defining the employer. The lack of attention may have come to an end with the recent AFMB judgment, in which the Court ruled, for the first time, that the concept of employer in a provision of EU law had to be given an autonomous and uniform interpretation throughout the EU. Starting from the AFMB judgment, the author analyses the concept of employer in EU law. The author finds that the concept of employer in EU law can be described as ‘uniform in its functionality’: in EU law, the national concept of the employer is never absolute, but the circumstances and the way in which the national concept must be set aside depend on the context and the objective of the European legislation in question. Through this functional approach, EU law partly harmonises the various national approaches to the concept of the employer. Nevertheless, a lack of specific reasoning on the part of the Court may grant the Member States considerable leeway to uphold their own views on the concept.

scholarly journals Mechanical and Thermoelectric Properties of Bulk AlSb Synthesized by Controlled Melting, Pulverizing and Subsequent Vacuum Hot Pressing

2019 ◽  
Vol 9 (8) ◽  
pp. 1609 ◽  
Author(s):  
A. K. M. Ashiquzzaman Shawon ◽  
Soon-Chul Ur
Keyword(s):  
Mechanical Properties ◽  
Intermetallic Compound ◽  
Thermoelectric Properties ◽  
Hot Pressing ◽  
Single Phase ◽  
Aluminum Antimonide ◽  
Simple Method ◽  
Group Iii ◽  
Indirect Band Gap ◽  
First Time

Aluminum antimonide is a semiconductor of the Group III-V order. With a wide indirect band gap, AlSb is one of the least discovered of this family of semiconductors. Bulk synthesis of AlSb has been reported on numerous occasions, but obtaining a single phase has always proven to be extremely difficult. This work reports a simple method for the synthesis of single-phase AlSb. Subsequently, consolidation was done into a near single-phase highly dense semiconductor in a form usable for thermoelectric applications. Further, the thermoelectric properties of this system are accounted for the first time. In addition, the mechanical properties of the intermetallic compound are briefly discussed for a possibility of further use.

Regional Policy in the European Community: Its Impact on Regional Policies and Public Administration in the Mediterranean Member States

1987 ◽  
Vol 5 (3) ◽  
pp. 369-381 ◽  
Author(s):  
I Tömmel
Keyword(s):  
Regional Development ◽  
European Community ◽  
Regional Policy ◽  
National Level ◽  
State Intervention ◽  
Economic Incentive ◽  
Market Mechanism ◽  
Member States ◽  
Regional Policies ◽  
First Time

When the European Community (EC) created the European Fund for Regional Development (EFRD) in 1975, regional policy was established at an international level for the first time ever. Because of the chosen instruments and the ‘additive’ mechanism of implementation—via the administrative bodies of the member states—this policy seemed at first to mean little more than a reinforcement of regional policies at a national level. Since then, the EC has considerably intensified its regional policy and diversified its instruments. However, the recent reforms of the Community's regional policy serve not only to achieve (certain) development effects with respect to the economic structure of less-developed areas, but also as a means of reorganizing governmental (planning) bodies and regional development policies in the member states, that is, as a means of inducing modernization and differentiation of state intervention in the countries concerned. Thus, the EC intervenes’ in the affairs of the member states: Not in the shape of more or less authoritarian intervention by a superior body—EC powers do not permit this—but via the indirect effect of market mechanism. Subsidies are the economic incentive to collaborate.

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