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Editor: Kevin Kennedy
This volume provides practitioners, academics and students with the first definitive coverage of NAFTA investment arbitration. Given the level of foreign direct investment within the NAFTA countries, the issue of redress for states in investment cases is a major one. The state dispute settlement mechanisms within NAFTAs Chapter Eleven are recognized as a model worthy of close examination.



The experts and scholars who have contributed to this work present a comprehensive overview of the first ten years of practice in the area of investment disputes under the NAFTA provision. As in any nascent undertaking, the successes, failures and controversies that have been the experience of the state parties involved in NAFTA, are keenly reflected in the Chapter 11 cases. It is in these experiences, as described by in the chapters of this timely volume, that the readers will find substantive and procedural insights into an emerging new area of public international economic law. Many see the workings of the NAFTA agreement, particularly Chapter 11, as a Rorschach test for how state parties can approach and effectively adjudicate investment disputes. For this reason all practitioners and scholars concerned with international trade and foreign direct investment issues should consult this book.



Published under the Transnational Publishers imprint.

be mentioned emphatically: Louis Maes who put a great deal of energy in the Tijdschrift during the first post-war period. After 1950, the Tijdschrift was published with nearly perfect regularity. I will come back to the Dutch-Belgian cooperation later on. In this paper, I only give some additional

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

obtained the necessary knowledge, Ganshof had come to resemble Charlemagne in the twilight of his career: he no longer had the energy to realise his dreams. Yet, as van Caenegem notes, Ganshof had been forewarned, by himself. In the introduction to his study of Carolingian legislation, the capitularia

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

alteration, 106 late 19th century and 20th century’s linear disciplinary histories of international law thrived unchallenged throughout the 20th century. 107 They did even more so as less energy was devoted to the production of disciplinary histories in the second half of the 20th century. 108 The

In: Brill Research Perspectives in International Legal Theory and Practice

litigation, but also, as did Baldus de Ubaldis (1327–1400) and Luca de Penna (ca. 1325–ca. 1390) other public duties. In Holland, in particular, these responsibilities were the supply of energy and drinking-water, traffic and transport, public works and education. Rights which could not be alienated covered

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

wholly unsubstantiated idea (p. 462–498). It is sad that energy has to be spend to this idea and that some nevertheless believe it since it is so ‘attractive’, but e tanto malo tandem bonum : an exhaustive and lucid discussion of the question 2 . Further, Fleckner’s restriction to the peculium of slaves

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

bringing the exposition of the law att jaw'. Conse- quently most of the energy of English lawyers has gone into the revision and syni;hesis of modern law, rather than enquiry into historical origins. British lawyers cannot exist without those standard "practice books" which possess almost a ius 7?es2aonde7

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

. This was the situation when Innocent III was elected. . Possibly he had been the power behind the throne in the action taken after the death of Henry VI. In any case he took up with 133 the utmost energy the policy of enforcing the claims of the church. It was a vital matter for the papacy to

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

only of Scotland, but also of Europe. Pro- fessor J.G.A. Pocock considered him capable of 'highly intelligent and indeed brilliant conjecture', and described him as having 'energy and resource as a historian' 12 . Dr. J. Wormald has recently suggested that Craig was the first to put forward the idea of

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

difficulties, let it be said that they add up to a veritable conundrum upon which large amounts of intellectual energy have been spent ever since the Middle Ages. The complete bafflement of earlier scholarship may be gauged by the drastic emendations reported in the three-page (!) footnote accom- panying

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review