The question whether an advisory center for developing countries should be established. A sort of legal aid facility for investment law

Master's Thesis , 2020 , 53 Pages

Law - European and International Law, Intellectual Properties

This dissertation will focus on the question of whether an advisory center for developing countries should be established as a sort of legal aid for investment disputes, although the international Centre for the settlement of investment disputes (ICSID) which is an international arbitration center for the resolution and conciliation between international investors does exist, it provides equal rights and obligations to enter into the dispute settlement process for all member countries. However the litigation process is complex and costly for developing countries, there are such limitations that do exist for developing country’s participation when they want to use the international Centre for the settlement of investment disputes, this dissertation will then have to focus on the reasons that will give rise to the establishment of the center, the challenges for the establishment of the advisory center and go further to look at the strengths and limitations of the establishment of an Advisory Centre, before giving some recommendations and the conclusion, In this regard, we will examine some possible recommendations for the establishment of an advisory center on investment law for developing countries which will help to develop a more effective working dispute settlement mechanism for developing countries.

Inhaltsverzeichnis (Table of Contents)

• CHAPTER I: GENERAL INTRODUCTION...
• I.1. RESEARCH PROBLEM.
• 1.2. RESEARCH OBJECTIVE
• I.3. CHAPTER OUTLINE.
• I.4. THE ESTABLISHMENT OF AN ADVISORY CENTRE FOR DEVELOPING COUNTRIES AS A SORT OF LEGAL AID FOR INVESTMENT DISPUTES..
• 1.5. THE POSSIBLE SCOPE OF ACTIVITIES OF AN ACIIL
• CHAPTER II: CHALLENGES FOR THE ESTABLISHMENT OF AN ADVISORY CENTRE FOR DEVELOPING COUNTRIES
• II.1. DETERMINING THE LIST OF BENEFICIARIES..
• II.2. DETERMINING THE SCOPE OF SERVICES PROVIDED BY THIS ADVISORY CENTRE..
• II.3. TRANSITIONAL PERIOD OF THE ADVISORY CENTER.
• II.4. FUNDING OF THE ADVISORY CENTER ON INTERNATIONAL INVESTMENT LAW...
• II.5. POLITICAL INFLUENCE AND OWNERSHIP.
• CHAPTER III: THE STRENGTHS AND LIMITATIONS OF THE ESTABLISHMENT OF AN ADVISORY CENTRE.
• III.1. THE STRENGTHS
• III.1.1. Capacity building..
• III.1.2. Advice and Representation of under resourced developing countries...
• III.1.3. The provision of defense for developing economies.
• III.1.4. An independent body to manage issues related to investment
• III.2. LIMITATIONS FOR THE ESTABLISHMENT OF THE ADVISORY CENTER ON INTERNATIONAL INVESTMENT LAW.
• III.2.1. The Cost of running the Advisory Centre.
• III.2.2. Limits in Institutional structure.
• III.2.3. Corruption as a limit in the establishment of the ACIIL
• III.2.4. Cultural differences as a limit in the establishment of the ACIIL
• CHAPTER IV: RECOMMENDATIONS FOR THE ESTABLISHMENT OF AN ADVISORY CENTER ON INVESTMENT LAW FOR DEVELOPING COUNTRIES.
• IV.1. INSTITUTIONAL BUILDINGS.
• IV.2. THE USE OF ALTERNATIVE DISPUTES RESOLUTIONS MECHANISM
• IV.3. FINANCIAL ASSISTANCE TO DEVELOPING COUNTRIES
• IV.4. PROVISION OF CHEAP DEFENSE SCHEMES AND LEGAL ASSISTANCE
• IV.5. INSTITUTIONAL TRANSPARENCY OF THE ADVISORY CENTER.

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation examines the feasibility of establishing an advisory center for developing countries as a legal aid facility for investment disputes. While the International Centre for the Settlement of Investment Disputes (ICSID) exists, its dispute resolution process poses significant challenges for developing countries due to its complexity and cost. The study explores the rationale for establishing the advisory center, the challenges it faces, and its potential strengths and limitations.

• The need for enhanced legal aid for developing countries in investment disputes
• The challenges associated with establishing an advisory center
• The potential strengths and limitations of such a center
• Recommendations for the establishment and effective functioning of the advisory center
• The role of alternative dispute resolution mechanisms in investment disputes

Zusammenfassung der Kapitel (Chapter Summaries)

• Chapter I: General Introduction - This chapter introduces the research problem and objective, outlines the dissertation's structure, and explores the rationale for establishing an advisory center for developing countries to provide legal aid in investment disputes. It also discusses the potential scope of activities for such a center.
• Chapter II: Challenges for the Establishment of an Advisory Centre for Developing Countries - This chapter delves into various challenges associated with establishing an advisory center, including determining the target beneficiaries, defining the scope of services, navigating the transitional period, securing funding, and addressing political influences and ownership.
• Chapter III: The Strengths and Limitations of the Establishment of an Advisory Centre - This chapter explores both the strengths and limitations of establishing an advisory center. The strengths include capacity building, advice and representation for under-resourced countries, providing a defense for developing economies, and establishing an independent body to manage investment-related issues. The limitations include the cost of operation, institutional structure challenges, the risk of corruption, and potential cultural differences.
• Chapter IV: Recommendations for the Establishment of an Advisory Center on Investment Law for Developing Countries - This chapter offers recommendations for the establishment of an advisory center, focusing on institutional development, utilizing alternative dispute resolution mechanisms, providing financial assistance, offering affordable defense schemes and legal assistance, and ensuring institutional transparency.

Schlüsselwörter (Keywords)

The main keywords and focus topics of this work include investment law, developing countries, legal aid, advisory center, dispute settlement, ICSID, international arbitration, capacity building, alternative dispute resolution, financial assistance, institutional transparency, and corruption.

• College: University of Brussel
• Author: Blaise Tayou (Author)
• Publication Year: 2020
• Pages: 53
• Catalog Number: V1157562
• ISBN (PDF): 9783346554574
• ISBN (Book): 9783346554581
• Language: English
• Product Safety: GRIN Publishing GmbH