Thursday, February 27, 2020

International Law Dissertation Example | Topics and Well Written Essays - 750 words

International Law - Dissertation Example esolution is usually included in bilateral international treaties (BITs) which are intended to bind treaty states to commitments for protecting investors and their investments against hostile host state conduct in transactions under foreign direct investment (FDI).7 The proposed dissertation will analyse arbitral awards and their underlying decisions relative to investor/state arbitration with a view to identifying and analysing contributions to customary international law and the consequences for resolving investor/state disputes. In particular, the proposed dissertation evaluates the extent to which international commercial arbitration and more especially, ISA, has established or can satisfactorily establish the necessary legal protections for encouraging and facilitating FDIs. The proposed dissertation will argue that although there is no multilateral international legal instrument regulating FDIs and investor-state relations, international customary law and the principle of fair and equitable treatment included in BITs and emerging from investor/state arbitration has contributed to a sufficiently coherent body of law so that investors are accorded the protection necessary for investing abroad. It will be argued that although international arbitration in general including ISA is not regulated by a centralized forum by which binding precedents may be created, the cumulative effect of BITs and ISAs applying and interpreting BITs have resulted in a customs, norms and rules that have established a coherent body of law applicable to standards of treatment expected of host states.8 It will also be argued, however, that despite the emerging coherent body of law, there are challenges to overcome. For example, the different language used in BITs has resulted in arbitrators rending inconsistent or unclear decisions in their interpretation of protective clauses in BITs.9 Outline: In order to support the hypothesis that ISA or international commercial arbitration has co ntributed to a coherent body of law for promulgating FDIs, the proposed dissertation will be presented as follows: Part I: Introduction. The introduction establishes that over the last 20 years or so, there have been two interesting developments in international commercial transactions: an increase in BITs10 and a decrease in investor/state arbitration.11 The introduction then makes an undertaking that the dissertation will establish that the link between these developments is ISA in that BITs provide for arbitration of investor/state disputes and interpret and apply the level of protection provided for in BITs. Part II: This part of the dissertation

Tuesday, February 11, 2020

Smokers Avoidance to Pay Cigarette Taxes Personal Statement

Smokers Avoidance to Pay Cigarette Taxes - Personal Statement Example Then he only pays 10 cents. This is tax evasion. And it is illegal. Tax avoidance on the other hand is when a person chooses legal means to pay less tax. For example, New York City charges 10 cents per box of cigarettes. However, in Austin, Texas, for example, the cigarette tax is only 1 cent per box. A person avoiding tax would rather buy cigarettes in Austin than in New York City. This is legal. He does not falsify anything. He does not under-declare amounts. Now it is understandable that people avoids tax. People want to save money. They would look for places where they can buy things less expensively. That is but natural. And they could not be faulted for that. They cannot be blamed if they look for places who charges lower taxes and buy their cigarettes there. And they cannot be blamed if they choose methods to limit the taxes they pay as long as they do it legally. Now, with the problem of the city losing revenue, I think it can be addressed by formulating better regulatory policies. They could promote effective prevention of smuggling of cigarettes, limit mail-order purchases. They could also be stricter in enforcing licenses and they could punish unlicensed vendors and those that violate the law. Â