By Andrea K. Bjorklund
A number of subject matters emerge during this 2014-2015 variation of the Yearbook. the 1st is a remarkable specialize in state and region-specific advancements. diverse articles concentrate on key advancements in such nations as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others specialize in local strategies, specifically in Latin the United States. A moment sector of awareness is reform, and recommendations for reform, in investor-state dispute payment and in funding legislation usually. The 3rd subject is the continuing trouble approximately states' regulatory autonomy and the significance in their conserving skill to guard the pursuits in their nationals. A fourth topic matters the ongoing contribution that funding arbitration makes to the improvement of overseas legislations, and the impression that it truly is beginning to have on different parts of legislations, no matter if that's as a resource of concept within the interpretation of alternative norms or as a resource of doubtless strong persuasive authority given the "teeth" that funding legislation has with admire to enforcement.
Included are the successful memorials of the FDI Moot for either 2014 and 2015. In 2014 a staff from the collage of Ottawa submitted the successful claimant's memorial, whereas scholars from Harvard legislation institution submitted the successful respondent's memorial. In 2015, Harvard repeated its stellar functionality, back profitable most sensible respondent's memorial. The profitable claimant's memorial in 2015 used to be submitted by means of scholars from the nationwide and Kapodistrian collage of Athens. those first-class memorials display once more the starting to be curiosity of scholars in overseas funding legislations and exhibit a striving for excellence and an enthusiasm for grappling with intellectually tough issues.
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Extra info for Yearbook on international investment law & policy 2014-2015
If sovereign immunity effectively insulates foreign sovereign investors from the full force of recipient country laws while depriving others of protections that would otherwise be due to them, it could create competitive disadvantages for private (foreign as well as domestic) investors. In cases of absolute sovereign immunity, a country faced with alleged wrongdoing by a foreign SOE would have diplomatic, but few legal, tools for dealing with the situation. In several legal systems, sovereign immunity can even include ‘immunity from enforcement’: The enforcement of an unfavorable judgment can be prevented even after jurisdiction was allowed and a court or other dispute settlement forum took a decision.
Competing systems of appeal under different treaties are unlikely to advance the goal of consistency. More likely, they will lead to further fragmentation. A system of preliminary rulings is better suited to advance uniformity of practice. This would require the establishment of a central, permanent body, authorized to give rulings upon the request of tribunals. Moreover, Article 53(1) of the ICSID Convention explicitly rules out any appeal, whereas a mechanism of preliminary rulings would be compatible with ICSID arbitration.
Permanent courts may be more likely to achieve consistency of decision than tribunals composed on an ad hoc basis. However, parallel courts with differing composition operating under separate treaties are unlikely to advance uniformity of decision. Reform and improvement are a necessary part of our social fabric. But change for its own sake, unsupported by proper reflection, carries the danger of destroying the very institutions that we seek to reform. Christoph Schreuer xxxii xxxiii PREFACE S everal themes emerge in this edition of the Yearbook.
Yearbook on international investment law & policy 2014-2015 by Andrea K. Bjorklund