Dispute Settlement Clauses in Investment Treaties - Free Essay Example

Sample details Pages: 4 Words: 1331 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Investment Essay Did you like this example? A vital element of investment treaty arbitration is the dispute settlement clause found in investment treaties. It grants investors the right to institute arbitration proceeding directly against a state. This type of clause represent a change from traditional international law practice where by an investor was generally dependent on its home sate to pursue a diplomatic protection claim on behalf of the investor.[1] 3.8.1. International Center for Settlement of Investment Disputes The ICSID is an autonomous international institution formulated under the auspices of the World Bank to facilitate as a specialized method of international dispute settlement. The claimant in this form of arbitration is a private party and the respondent is a foreign state. The convention also known as the Washington convention entered into force in October 14, 1996. The ICSID is based in Washington; the center offers special autonomous procedures for administering investment arbitration between a state, or state entity and a foreign private investor. ICSID was created as n independent international organization (article 18 of ICSID), but ità ¢Ã¢â€š ¬Ã¢â€ž ¢s structurally linked to the World Bank. The banks governor sits on the administrative council of ICSID, the chairman of the administrative council is the World Bank president and the ICSID secretariat is funded through the World Bank. The ICSID has a comprehensive o structure consisting of a council and a secretariat. The a dministrative council is composed of all contracting states, the secretariat on the other hand provides the day to day administrative and support function for arbitration. Initially numbers of cases registered with the ICSID was low. After the conventions entry to force in 1966 no case was registered with ICSID,[2] between 1966 to 1996 only 35 cases were registered, an average of one case per year approximately.[3] Today though the picture is totally different, the number of cases registered at the ICSID has increased significantly. The ICSID has also brought some revolutionary change in private vs. state arbitrations. Traditionally investors depended on their home state to pursue claims on their behalf against a host state before an international court or tribunal. The ICSID conventions grants investorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ direct arbitration rights against states. In contrast with other arbitral institutions, ICSID procedure is self contained and insulated from domestic cour t involvement during arbitral procedure.[4] The insulation of ICSID arbitral proceedings from the influence of domestic court is achieved through a number of provisions in the ICSID convention. Under the ICSID convention domestic courts have no power to set aside ICSID awards. Under international law submission of a private party claim against states before an international tribunal requires that the party first needs to exhaust the local domestic legal remedies available in the respondents states domestic courts. The ICSID reverse these notion and it presumes that parties to the convention have waived there requirement of exhaustion of domestic remedies. Due to its advantages, ICSID is a major actor in the field of international investment and economic development, the ICSID stands as a leading international arbitration institution devoted to investor vs. state dispute. Don’t waste time! Our writers will create an original "Dispute Settlement Clauses in Investment Treaties" essay for you Create order 3.8.2. Permanent Court of Arbitration The PCA was established in 1899 at the first Hague peace conference. The PCA provides arbitration for cases involving states, intergovernmental organizations against private parties.At the conference à ¢Ã¢â€š ¬Ã…“Convention for the Pacific Settlement of International Disputes,à ¢Ã¢â€š ¬Ã‚  was adopted which established which set the foundation for an institution resolving international commercial dispute. The Permanent Court of Arbitration was founded. It was the first in its character to have a political character because it was created bu states pooling their resources. The PCA was founded in 1899; the PCA holds the pride for being the oldest institution that deals with international dispute resolution. At the time it was established referring disputes or international disputes to international tribunals for resolutions was rare. In the same way, international law the basis for dispute resolution wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t quite relatively undeveloped. Hamilton elaborates th at à ¢Ã¢â€š ¬Ã‹Å"while a rudimentary set of principles had emerged from a combination of state practice and the theoretical wok of writers such as Grotius, Vattel and Pufendor, neither the substantive rules needed to regulate the complex relation of states nor, naturally, the adjectival law indispensable to third party processes of dispute resolution, had been properly developed[5] The PCA back then is todays forms of international dispute solving mechanism, including the International Court of Justice (à ¢Ã¢â€š ¬Ã…“ICJà ¢Ã¢â€š ¬Ã‚ ).[6] The PCA headquarters is located in Hague, and it house in the peace place, the Peace Palace now also houses the ICJ, the Carnegie Library and The Hague Academy of International Law. When it was first founded, the PCA establishment purpose was to settle dispute between states. During it first existence yearà ¢Ã¢â€š ¬Ã¢â€ž ¢s significant number of interstate disputes were submitted to tribunal under PCA auspices. The PCA has to solve issues relating to territorial disputes, state responsibilities, treaty interpretation more generally issues related to international public law. Many of the principles laid down in the early PCA cases are still good law today, and are cited by other international tribunals, including the ICJ.[7] Mentioned earlier, the PCA was established to resolve interstate disputes, but in the 1930s the PCA was authorized to use its facilities for conciliation, and for the arbitration of international disputes between States and private parties, making it available for resolving c commercial and investment disputes. In 1962, the PCA elaborated a set of à ¢Ã¢â€š ¬Ã…“Rules of Arbitration and Conciliation for settlement of international disputes between two parties of which only one is a State,à ¢Ã¢â€š ¬Ã‚  which undoubtedly inspired the subsequent adoption of the 1965 Agreement establishing the ICSID at the World Bank. The PCA was revived in the 1980s by the the United Nations (UNCITRAL), it a dopted a set of non-institutional arbitration rules for settling international commercial disputes. There was a setback for the United Nations though, having created all these rules to foster international trade, they had no method for appointing arbitrators and deciding challenges. The UNICITRL rules had given disputant parties the choice of setting their own rules for arbitration and also the choice to choose their own arbitrator. It also stated in cases in which the parties were unable to agree on the choice of an appointing authority, a trusted international institution was needed. Since 1981, nearly 200 requests for designation of an appointing authority have been submitted to the Secretary-General, the vast majority of them since the mid-1990s. This increase, as well as, the increasing complexity of the cases in which requests are made, has brought the PCA squarely into the realm of international commercial arbitration. Since then, the PCA has expanded and internationali zed its staff, increased worldwide awareness of its facilities and services, and improved and modernized the functioning of its system of dispute settlement primarily by adopting several sets of procedural rules, nearly all of which are based closely on the comparable UNCITRAL texts.[8] The basic organizational structure of the PCA is set out in the 1899 and 1907 Conventions. The PCA is not an actual court true in the sense it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have permanent judges residencing in it. Instead, a permanent secretariat, known as the International Bureau and headed by the Secretary-General, assists the parties by establishing and administering for each case an ad hoc tribunal. The Bureau serves as the operative as the engine of the PCA. It holds the permanent list of arbitrators; it handles communication for the PCA. Supervisory and overseeing of the PCA is held by the Administrative Council, the administrative council consists of the diplomatic representatives of member coun tries. The Council duty is to guide the work of the PCA, and control its administration and expenses. [1] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.481. [2] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.481 [3] icsid.worldbank.org [4] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.492. [5] Hamilton, P, The Permanent court of Arbitration: international arbitration and dispute resolution: summaries of awards, settlement agreements and reports, kluwer law international, 1999, p.3. [6] Unctad.org [7] Hamilton, P, The Permanent court of Arbitration: international arbitration and dispute resolution: summaries of awards, settlement agreements and reports, kluwer law international, 1999, p.3. [8] Unctad.org

Evaluation Of The Elementary Classroom - 1383 Words

Supervision Narrative I conducted observations at the high school, middle school, and elementary levels. At the elementary level I observed a first grade teacher on October 22nd and 23rd at Hambright Elementary school and observed language arts and math instruction. On the first day I went in the morning and observed the beginning of the day routines. At this point in the year the teacher had established the rules and procedures for student arrival. Students arrived and immediately placed item in their individual compartments, sat at their desks, and worked on assignments posted on the board until all students arrived. The teacher gave verbal reminders to the class as a whole. She gave positive corrections and verbally pointed out positive examples of students following the appropriate procedures. I observed the teacher instructing on vocabulary, sentence structure, and reading. The following day I came in the afternoon and observed a math lesson, the teacher and a guest reading a ch apter book, and the dismissal procedures. The elementary classroom functioned on a lot of structure and procedures: transition from one activity to another, submission of homework, restroom request, and arrival/dismissal. The amount of energy and enthusiasm needed by the teacher to keep the students engaged was commendable. The teacher changed the activity every ten to fifteen minutes. During reading time, she worked with a group of six students at a table while watching the remainder of theShow MoreRelatedEvaluation Of A Research On The Data Collection At An Elementary School Classroom1241 Words   |  5 Pages5. Were the data collected in a way that addressed the research issue? Four focus groups were held. The setting for the data collection was at an elementary school classroom. The researcher does not justify the use of the specific setting to the reader. It also did not states the impact the setting had on participant in terms of their emotions and participation level, it only stated that there some challenges. Observations and personal experience is an important avenue through which data can be collectedRead MoreSan Bernardino City Unified School District858 Words   |  4 Pagessevere special day classroom (SDC) setting and special education services. Effectively educating youth with moderate to severe disabilities is not a simplex task, as it requires multifaceted skillsets involving various special education professionals. Developing and executing a service delivery model that targets student’s individual needs, while simultaneously supporting students in strides towards life long goals is crucial. Carmack Elementary is one of fifty-two el ementary schools within SBCUSDRead More Literature for Use in Classroom Essay1648 Words   |  7 PagesLiterature for Use in Classroom Donna E. Nortons purpose in her book is intended to help adults discover ways to share their enchantment with books, our literary heritage, and an appreciation for literature that will last a lifetime (v). Teachers share that same goal. In selecting literature for a classroom, teachers need to take in account the following: the schools standards and benchmarks, the adopted sequential curriculum, the age of the students, their stages of language, cognitiveRead MoreChapter Iii:. Methods. Introduction. Chapter Two Discussed1701 Words   |  7 Pagesthe media framework is one way to keep the curriculum relevant and engaging. This chapter outlines three projects that show how integrating 21st century skills in the elementary media framework can create authentic and meaningful learning experiences. Project one is the creation of a scope and sequence for the use of an elementary media specialist teaching grades kindergarten through fifth. Project two is the culmination of 24 step- by- ste p lessons that integrate with the scope and sequence. LastlyRead MoreCurriculum Strengths and Weaknesses1333 Words   |  6 Pagesis strong, but the classroom instruction does not seem to be integrated with the mission/philosophy statement of the school. The curriculum should be integrated to help the â€Å"students see and make the connections between and among subjects† (ETIM, 2005). The school environment is strong. There is general concern among the staff for the welfare of the students but more should be done to strengthen the student assistance program to help students at risk right from the elementary level. Students whoRead MoreQuantitative Study Evaluation1436 Words   |  6 PagesQuantitative Study Evaluation Capella University Spring 2013: Instructor: Lisa McBride Quantitative Study Evaluation The purpose of this research is to evaluate the Effects of Classroom Structure on Student Achievement Goal Orientation. There were three classes chosen and the students had to set weekly goals based on performance and learning. Many of the students in the contingency group based their weekly goals more on learning than performance and many of the studentsRead MoreMarley Elementary : A Public Elementary School1626 Words   |  7 PagesMarley Elementary is a public elementary school located in Glen Burnie, Maryland, in the Anne Arundel County district. Marley Elementary opened its doors in 2005, and has since expanded by opening a new wing for preschool through first grade in 2014. According to AACPS.org, there were 724 students enrolled at Marley Elementary in 2014. Marley Elementary is a host of a diverse range of families, with many bilingual students, students with unique family backgrounds, students with diverse learningRead MoreThes Population Is About 58000 People1078 Words   |  5 Pages2014). Each elementary school has a different instructional and management philosophy best meeting the diverse population in our district. Individual schools choose the academic programs they wish to use to support the common core performance standards and their school improvement plans. Willard Elementary school is located in downtown Casper educating 220 students who consist of; pre-k through fifth grade, including one resource room, and two Functional Life skills classrooms. We are currentlyRead MoreWhy Is An Elementary Teacher Important? Essay979 Words   |  4 PagesWhy is an elementary teacher important? What skills do you need to become an elementary school teacher? What Does An Elementary School Teacher Do? An elementary school teacher is a person who develops lesson plan to teach students a wide range of subjects targeted at imparting knowledge in them and improving their intellectual capability in a school setting. These teachers evaluate the students comprehension and knowledge of the material. Elementary teachers use assessments of homework assignmentsRead MoreElementary Schools : The Uic Initiative Essay964 Words   |  4 PagesPREPARING PRESERVICE TEACHERS FOR CHARACTER EDUCATION IN URBAN ELEMENTARY SCHOOLS: The UIC Initiative Becoming a teacher is growing by the day. Many people see becoming a teacher as the best job based on the schedule. With teacher’s having holidays and summers off, it is a win, win. Other people go into teaching to have the same schedules as their children or for the love of teaching and wanting the students to have full knowledge to get them through the schools years, as well as, preparing them

Violence in Football Free Essays

Violence in football We all know that violence comes into sports. Aggression and sport have gone together as long as sports have been around. Violence is a part of sports, no matter how much the professional associations deny the fact. We will write a custom essay sample on Violence in Football or any similar topic only for you Order Now Professional football is commonly known as favorite pastime of many people. Each week millions of TV viewers watch their teams score touchdowns, kick field goals, and win games. The fans of professional sports are expecting more from the players, and when they feel that the performance from their team is inadequate, they get violent. Most people know of the incidents that occur from European and South American football games. The fans of these games have fights regularly over arguments that are provoked from one team winning and one team losing. Football players aren’t any better but are a little different when it comes to why they are paid so much. They have a lot more at stake when they go out on to the field. They have to consider the possibility of getting injured at any time because of the violent nature of the sport. They are paid to be big, mean, fast, and ruthless out on the field against men just as big and ruthless as themselves. As football has grown wider, it has also increased the violence in the game. In the last few years, professional football experienced an increase in player injuries due to game related violence. Unfortunately, there are also incidents of injuries, most of which are sustained in a normal course of the game; but there are also those which occur due to unnecessary, and at times, intentional violence. In my opinion there is too much aggression and too much focus on that aggression concerning sport. Sport should be regulated more strictly to those who break the rules. The National Football League has yet to address or attempt to remedy the situation. How to cite Violence in Football, Papers