La venta judicial de un buque representa el capítulo final de cualquier procedimiento judicial por la reclamación de deudas marítimas. La venta tiene que garantizar el mejor precio posible del buque, ...lo que permite que un número mayor de acreedores puedan ver satisfechos sus créditos. Este final se logrará solo si la venta confiere al comprador un “título de propiedad limpio”, extinguiendo todas las cargas, derechos y reclamaciones existentes sobre el buque. Este proceso asegurará al comprador poder cancelar la inscripción registral del buque y registrar su nueva propiedad bajo una nueva bandera a su conveniencia, pudiendo navegar alrededor del mundo sin temor a ser nuevamente embargado por créditos no satisfechos. Este artículo proporciona algunos apuntes sobre el Proyecto de Instrumento sobre venta judicial de buques que está actualmente en elaboración en el seno del GT VI de UNCITRAL
Foreign investment is governed by thousands of international investment agreements (IIAs), many of which include investor-state dispute settlement (ISDS) provisions. Member states have played a ...prominent role in the evolution and shape of this decentralized global investment regime. The EU itself has become an actor in this regime since gaining competence in this area in 2009. This article examines the manners by which investment policies of the EU and its member states have evolved over time and their implications for the EU's actorness. Using, first, the concept and metric of state regulatory space, we show that the EU is more enthusiastic than its member states about reforms, but that a lack of internal cohesiveness and a competitive external environment limit its actorness. Second, drawing on recent discussions on ISDS reforms, we highlight the increasing ability of the EU to speak up with one voice on global investment rules.
Abstract
Understanding the "backlash" it is facing is a necessary condition for a successful reform of international investment law and arbitration. The article develops a typology of backlash in ...international investment law and arbitration, identifying three main tensions in the field: contractualism vs. unilateralism; economic rationality vs. political rationality; flat world view vs. diverse world view. The article claims that the reform discussion, including at the UNCITRAL level, should be informed by this backlash typology. Two main lessons may be learned, one at the methodological level and one at the substantive level: first, the reform discussion needs to be informed by the study of systems of domestic investment law and policy; second, the reform discussion needs to move beyond its Investor-State Dispute Settlement (ISDS) confines and also include reform of the substantive law and administrative procedures of States and of international treaties.
ABSTRACT
Recently, environmental and human rights (EHR) counterclaims in investment arbitration have attracted much attention as a vehicle to recalibrate the investor–state relationship. However, ...until now, successful instances of EHR counterclaims have been admittedly rare. As explained in this paper, some of the major barriers to EHR counterclaims in investment arbitration, and some of the concerns associated with them, are rooted in the domestic law basis of such counterclaims. Contrary to the position of several commentators, this paper argues that the grounding of EHR counterclaims on international law is neither practical nor beneficial, and EHR counterclaims are necessarily based on domestic law. Therefore, when investment arbitral tribunals adjudicate EHR counterclaims, they essentially act as an alternative to domestic courts. This has several implications. First, on questions of jurisdiction and admissibility of EHR counterclaims, decisions of states and arbitral tribunals essentially turn on the pros and cons of having these claims adjudicated by investment arbitral tribunals as opposed to domestic courts. Second, weaknesses in domestic rules, including the difficulty of holding shareholders accountable, would carry over to EHR counterclaims. Such problems can only be efficiently tackled at the level of domestic law. Third, as revealed from the inconsistent decisions in Perenco and Burlington on the merits of the environmental counterclaims, having investment arbitral tribunals adjudicate domestic law-based EHR counterclaims may cause certain concerns. For EHR counterclaims to play a more beneficial role, decision-makers must bear in mind these factors and concerns when taking their policy choices.
Abstract
Investment arbitration has attracted growing criticism both in academia and in the general political debate. The system has been criticized by groups and stakeholders with very different ...agendas – from academics to anti-globalization activists, from alt-right groups to policy-makers. While sharing a common aversion to such dispute resolution mechanism, these groups do not generally take the same viewpoints, and the same type of criticism could originate from different political and theoretical underpinnings. The current efforts to reform investor-state dispute settlement, undertaken both by the European Union and by the United Nations Commission on International Trade Law, constitute to a large extent an attempt to respond to the aforementioned public criticism. However, in spite of the growing importance of the topic in the public debate, reform discussions have been predominantly, if not exclusively, focused on states and their roles in, and their expectations towards, investment arbitration. Public opinion, conversely, remains largely overlooked. To fill this gap, this research devises an experimental approach to understand the roots of public criticism(s) against investment arbitration. In so doing, it aims to generate a constructive, timely and accessible empirical analysis of the theoretical underpinnings of ISDS criticisms, providing an integrated guide to one of the most heated debates in international economic law today. The main purpose is to understand which are the points of friction (real or perceived) that trigger public criticism against investment arbitration and, in the light of this information, whether this dispute resolution mechanism should be maintained in its current form, partially reformed or rejected entirely. To this end, the article presents the results of the first-ever set of behavioural experiments concerning ISDS and public opinion.
The purpose of this paper is to point out the main goal of unification with regard to the international recognition of legal effects that arise upon the judicial sales of ships. The paper seeks to ...briefly outline the most significant provisions of the CMI draft of the International Convention on Foreign Judicial Sales of Ships and their Recognition, summarise the CMI’s efforts in trying to find an appropriate forum to serve as a vehicle to transform this draft into an international convention, and provide a summary of the drafting work carried out so far by UNCITRAL.
Ley 19.636 Mateo Verdias Mezzera; Joaquín Garino Podestá
Revista de derecho (Universidad de Montevideo (1997- ). Facultad de Derecho),
12/2018, Letnik:
17, Številka:
34
Journal Article
Recenzirano
Odprti dostop
El 2018 constituyó un año clave para el desarrollo del Arbitraje en Uruguay. Uniéndose al camino de más de 80 jurisdicciones, Uruguay aprobó una versión modificada de la Ley Modelo UNCITRAL. De este ...modo, se crea un régimen específico y adecuado para la resolución de conflictos comerciales internacionales. En el presente trabajo, se analizan todas las diferencias de la nueva Ley de Arbitraje Comercial Internacional (“Ley 19.636” o “Ley de Arbitraje Internacional”), con la Ley Modelo UNCITRAL (“LMU”) en la que se basó.
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