Won Kidane's Books

Africa's International Investment Law Regimes

By: Won Kidane

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Africa's International Investment Law Regimes

By: Won Kidane

Decolonization restored African states' sovereign independence. The post-colonial period was, however, characterized by major economic disruptions that resulted in chronically weakened economies. The newly independent African states faced a profound dilemma between economic liberalization and openness on the one hand, and the maintenance of regulatory autonomy on the other. Confronted with unrelenting poverty and inadequate infrastructure, African states needed direct foreign investment to boost their economies. However, most foreign investors were cautious about investing in African countries due to the perceived lack of clear and predictable legal regimes necessary to protect foreign investments from expropriation and other forms of harm"--

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657

Publisher

Oxford University Press

Published Date

ISBN 10

0197745571

ISBN 13

9780197745571

The Culture of International Arbitration

By: Won L. Kidane

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The Culture of International Arbitration

By: Won L. Kidane

Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

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Page Count

337

Publisher

Oxford University Press

Published Date

ISBN 10

0190667427

ISBN 13

9780190667429

Africa's International Investment Law Regimes

By: Won Kidane

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Africa's International Investment Law Regimes

By: Won Kidane

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657

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Oxford University Press

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ISBN 10

0197745571

ISBN 13

9780197745571

Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

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Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

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Page Count

1061

Publisher

Oxford University Press

Published Date

ISBN 10

019932414X

ISBN 13

9780199324149

The Culture of International Arbitration

By: Won Kidane

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The Culture of International Arbitration

By: Won Kidane

This book offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.

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337

Publisher

Oxford University Press

Published Date

ISBN 10

019997392X

ISBN 13

9780199973927

China-Africa Dispute Settlement

The Law, Economics and Culture of Arbitration

By: Won Kidane

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China-Africa Dispute Settlement

The Law, Economics and Culture of Arbitration

By: Won Kidane

The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

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Page Count

571

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041142843

ISBN 13

9789041142849

Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

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Litigating War

Mass Civil Injury and the Eritrea-Ethiopia Claims Commission

By: Sean D. Murphy,Won Kidane,Thomas R. Snider

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Solve jigsaw puzzle

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Page Count

1061

Publisher

Oxford University Press

Published Date

ISBN 10

0199987580

ISBN 13

9780199987580

Book's by Won Kidane

Africa's International Investment Law Regimes

Africa's International Investment Law Regimes

The Culture of International Arbitration

The Culture of International Arbitration

Africa's International Investment Law Regimes

Africa's International Investment Law Regimes

Litigating War

Litigating War

The Culture of International Arbitration

The Culture of International Arbitration

China-Africa Dispute Settlement

China-Africa Dispute Settlement

Litigating War

Litigating War

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