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Edited by Chia-Jui Cheng

concluded, though not widely accepted. International air transport today, therefore, operates, in fact, under a hybrid system of bilateral – multilateralism. There will probably be no insuperable difficulty in extending the multilateral field, while confining bilateralism solely to the key problem of route

Catharine Titi

dispute settlement is global administrative law. 4 The hybridity argument that perceives investment law as a discipline at the crossroads of public and private law has also conceded investment arbitration’s public law nature, to the extent that elements of diplomatic protection are read into ISDS. 5

PNG Sustainable Development Program Ltd v Independent State of Papua New Guinea

ICSID Case No. ARB/13/33, Decision on Preliminary Objections, 28 October 2014, and Award, 5 May 2015 (Gary Born, Michael Pryles, Duncan Kerr)

Daniel Allen

a matter of international law, the Tribunal would do best to apply a ‘hybrid’ interpretive approach, ‘taking into account both [PNG’s] domestic law on statutory construction and international law’ (para 265). However, as between the two modes, the Tribunal’s approach generally prioritized that of

Simon Maynard

Argentina’s jurisdictional and admissibility objections. Scope of the ICSID Convention With respect to the characterisation of the proceedings, the Tribunal notes that the Abaclat tribunal had described the case before it as a ‘hybrid kind of collective proceedings,’ combining features of ‘aggregate

Proportionality Analysis and Disproportionate Damages: Occidental Petroleum Corporation and Occidental Exploration and Production Company v The Republic of Ecuador

ICSID Case No. ARB/06/11, Award, 5 October 2012 (L. Yves Fortier, David A.R. Williams, Brigitte Stern) and Dissenting Opinion, 20 September 2012 (Brigitte Stern)

Ximena Fuentes

an interpretative tool that investment tribunals have recently begun to employ in their decision-making processes. 3 Third, the decision highlights the hybrid nature of investment disputes, 4 the relevance of domestic law and the difficulties that investment tribunals may encounter in the

Syed Tariq Anwar

pursues an exceptional growth model, a unique political structure, and a dynamic business environment (see: Anwar, 2011, 2012; Backer, 2012; Coase and Wang, 2012; The World Bank, 2012; Xu, 2011 ; Zhang et al., 2013 ). At the same time, China is a unique country with a distinctive hybrid economy

Arman Sarvarian

evidence of the expert is objective and impartial. Whilst the book rightly criticises the counsel-expert hybrid, the solution of subjecting expert witnesses to professional rules (implying that they collectively, from the hydrographic scientist to the mechanic, are part of a collective ‘profession’) is

CHEN Huiping

provisions dealing with pre- establishment commitments Recently, a compromised hybrid approach has been suggested. This approach uses different definitions for the pre-establishment and post- establishment stages of investment: a narrow approach for market access and investment liberalization (pre

C. L. Lim

the preferred choice however was, typically, a choice of any form of law so long as it was not strictly that of the host State. The ‘general principles of law’, ‘principles of Islamic law’, or in the usual hybrid form the host State’s law ‘and international law’ may be chosen – indeed, anything but