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.

TABLE OF CONTENT

ABSTRACT

CHAPTER I: GENERAL INTRODUCTION
I.1. RESEARCH PROBLEM
I.2. RESEARCH OBJECTIVE
1.3. CHAPTER OUTLINE
1.4. 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
11.3. TRANSITIONAL PERIOD OF THE ADVISORY CENTER
11.4. FUNDING OF THE ADVISORY CENTER ON INTERNATIONAL INVESTMENT LAW
11.5. POLITICAL INFLUENCE AND OWNERSHIP

CHAPTER III: THE STRENGTHS AND LIMITATIONS OF THE ESTABLISHMENT OF AN ADVISORY CENTRE
111.1. THE STRENGTHS
111.1.1. Capacity building
111.1.2. 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
111.2. 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

CHAPTER V: CONCLUSION

BIBLIOGRAPHY

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