The Independence and Impartiality of ICSID Arbitrators Current Case Law, Alternative Approaches, and Improvement Suggestions

The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward

The Independence and Impartiality of ICSID Arbitrators

In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis examines the standard of independence required under the ICSID Convention, as evidenced in existing disqualification decisions, and makes novel suggestions for reforms to ensure unbiased decision-making. Readership: All interested in International Investment Law and investor-State arbitration in particular. Readership includes academics, lawyers and arbitrators involved in investment-related disputes (including in-house counsel), treaty negotiators and NGOs

The Independence and Impartiality of ICSID Arbitrators

In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis examines the standard of independence required under the ICSID Convention, as evidenced in existing disqualification decisions, and makes novel suggestions for reforms to ensure unbiased decision-making. Readership: All interested in International Investment Law and investor-State arbitration in particular. Readership includes academics, lawyers and arbitrators involved in investment-related disputes (including in-house counsel), treaty negotiators and NGOs

How the right to privacy became a human right

Mahremiyet hakkı, iç hukukta genel kabul gören bir temel hak olmadan önce, uluslararası insan hakkı hâline gelmiş tir. Devlet anayasaları, II. Dünya Savaşı’ndan sonraki yıllarda geliştirildiğinde, mahremiyeti sadece konut ve haber leşmenin dokunulmazlığı yönünden korumuştur. Bu makalede tam güvencenin – mahremiyet hakkı ya da kişinin özel hayatına saygı hakkı – nasıl meydana geldiği incelenmektedir. Makalede, mahremiyet hakkının dünya genelindeki ve Avrupa’daki oluşum süreci safha safha ortaya koyulmakta ve tam bir güvence oluşturmak için bilinçli bir karar olmadığı ileri sürülmektedir. Hakkın taşıdığı önem, ihdas edilirken büyük ölçüde hafife alınmıştır.The right to privacy became an international human right before it was a nationally well-established fundamental right. When it was created in the years after World War II, state constitutions protected only aspects of privacy such as the inviolability of the home and of correspondence. This article analyses how the integral guarantee—the right to privacy or to respect of one’s private life—came into existence. It traces the drafting history on the global and the European level and argues that there was no conscious decision to create an integral guarantee. The right’s potential was dramatically underestimated at the time of its creation.No sponso