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1. The Legal Reasoning of ICSID Tribunals – An Empirical Analysis

Author:
Ole Kristian Fauchald
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
This empirical analysis of the use of interpretive arguments by ad hoc tribunals of the International Centre for the Settlement of Investment Disputes covers almost 100 cases decided during the past 10 years. The cases are analysed with a view to determining which arguments the tribunals use and how the arguments are used in light of Articles 31 and 32 of the Vienna Convention on the Law of Treaties. The analysis provides a basis for addressing the extent to which ICSID tribunals contribute to creating a predictable legal framework in which the interests of investors, states, and third parties are taken properly into account; the extent to which ICSID tribunals contribute to a coherent development of international investment law; and whether ICSID tribunals contribute to a 'fragmentation' of international law. Despite ICSID tribunals being ad hoc tribunals that solve legal disputes on the basis of heterogeneous legal sources, the article indicates that there is a tendency among ICSID tribunals to contribute to a homogeneous development of the methodology of international law. Nevertheless, the article concludes that ICSID tribunals could do significantly more to align their approaches to interpretive arguments with those of other international tribunals.
Topic:
Development and Law
Political Geography:
Vienna

2. Engaging India: Ambassador Ortwin Hennig's visit to Delhi and Mumbai

Author:
Sahiba Trivedi
Publication Date:
01-2007
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
Ambassador Ortwin Hennig is the Vice President and the Head of Conflict Prevention Program of the East West Institute at Brussels. His previous assignments include the Commissioner for Civilian Crisis Prevention, Conflict Resolution and Post-Conflict Peace Building in the German Government; diplomatic postings in Afghanistan, Russia, German Representation at the European Commission and the OSCE in Vienna. He has also served the Office of the German Federal President as a Foreign Policy Advisor. Ambassador Hennig is an alumnus of the NATO Defense College in Rome having specialized in arms control and security policy matters.
Topic:
Conflict Resolution, International Relations, and Development
Political Geography:
Afghanistan, Russia, India, Asia, Germany, and Vienna

3. From Neighbourhood to Integration Policy: Are there concrete alternatives to enlargement?

Author:
Eneko Landaburu
Publication Date:
03-2006
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
The answer to the question posed in the subtitle is yes, indeed, there are concrete alternatives to enlargement. As there must be. Enlargement has been a key tool in projecting stability across our continent. But it is a reality that the EU cannot expand ad infinitum – everything has its limits. We must honour our present basic commitments, while strictly insisting on the criteria. One of these criteria is our own absorption capacity – it is clear that in some member states the pace and scale of enlargement is approaching the limits of what public opinion will accept. To overstretch, rather than consolidate, the Union would be detrimental not only for us but also our partners. These are all issues with which our leaders will struggle in Vienna in a few months time.
Topic:
International Relations, Security, and Development
Political Geography:
Europe and Vienna

4. Topics in Terrorism: Toward a Transatlantic Consensus on the Nature of the Threat

Author:
Jason S. Purcell (ed) and Joshua D. Weintraub (ed)
Publication Date:
07-2005
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The Brussels Conference on “Topics in Terrorism: Toward a Transatlantic Consensus on the Nature of the Threat” was the first of three conferences whose principal purpose was to explore specific themes associated with the world-wide effort to cope with and counter the threat of terrorists. Held in three different European capitals (Brussels, Vienna, and Budapest), the conferences drew on divergent presenters and audiences. Each conference convened subject-matter experts from the United States and Europe with the express intent of considering various perspectives on some of the most difficult challenges facing the transatlantic community. While reaching a consensus on each of the major topics would certainly have been a desirable outcome, where a consensus proved elusive, a major objective was to gain a better understanding of the divergent views and the rationale that underpins those views.
Topic:
International Relations, Development, and Terrorism
Political Geography:
United States, Europe, and Vienna