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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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The Transnational Protection of Private Rights

The Transnational Protection of Private Rights

Issues, Challenges, and Possible Solutions

Chapter:
(p.17) 1 The Transnational Protection of Private Rights
Source:
Practising Virtue
Author(s):

Sundaresh Menon

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0002

This chapter focuses on the legal protection of private economic rights in the transnational arena. It approaches this subject by considering the regulation of transnational economic relationships at three different levels: first, where a party’s rights are not regulated or governed by any contract, but where there is nonetheless a need to protect one’s interest or rights in commercial property; second, where there is a contract between the parties, by which they look to protect their rights as between themselves; and third, where a foreign investor looks to protect its investment against unlawful interference by a host state via arbitration and treaty rights. The chapter concludes by proposing ideas towards a better and perhaps fuller model for the transnational protection of private rights. In essence, it suggests the harmonization of laws on recognition and enforcement of judgments; improvements in and convergence of dispute resolution processes; and deeper convergence of substantive law.

Keywords:   private economic rights, legal protection, transnational economic relationships, international arbitration, contracts, foreign investors

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