WorldCat Identities

Shirlow, Esmé

Overview
Works: 7 works in 17 publications in 1 language and 159 library holdings
Genres: Periodicals 
Roles: Author, Editor, Other
Classifications: KZ6115, 341.522
Publication Timeline
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Most widely held works by Esmé Shirlow
Judging at the interface : deference to state decision-making authority in international adjudication by Esmé Shirlow( )

11 editions published between 2020 and 2021 in English and held by 150 WorldCat member libraries worldwide

"While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
The Australian year book of international law (2019)( Book )

1 edition published in 2020 in English and held by 3 WorldCat member libraries worldwide

Launched in 1965, 'The Australian Year Book of International Law' (AYBIL) is Australia's longest standing international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.0It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 37 features a Tobacco Plain Packaging Agora
The Australian year book of international law( Book )

1 edition published in 2022 in English and held by 2 WorldCat member libraries worldwide

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication.0The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.0It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.0It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. This special issue of the Australian Year Book of International Law is a collection of essays providing commentary on how international law relates to the different dimensions of situations unfolding around us. Written during school shut-downs, campus closure, border restrictions, rising global infection rates and ongoing uncertainty as to what would happen next, they are also valuable reflections in a time of great crisis: fitting perhaps for a discipline famously critiqued by Hilary Charlesworth as one of crisis, rather than situated in the everyday. At root, this collection go some way in analysing and answering the question of how, exactly, COVID-19 will impact on international law more generally
The Multiple Forms of Transparency in International Investment Arbitration Their Implications, and Their Limits by Esmé Shirlow( )

1 edition published in 2019 in English and held by 1 WorldCat member library worldwide

This Chapter traces the development of procedural transparency in international investment arbitration to tease apart different types of transparency, whilst also considering their objectives and consequences. The analysis indicates that the meaning, promise and limits of transparency will differ for different stakeholders and different reform objectives. The Chapter draws out the differences between the concepts of transparency as 'availability', 'access', and 'participation' to identify three distinct types of 'transparency'. It connects these concepts to the reforms to procedural transparency that have occurred for investment arbitration to date. This supports an analysis of whether the types of transparency reforms that have been pursued thus far are adapted to achieving their stated purposes. What emerges is an understanding of transparency that is closely connected to the development of, and hopes for, international investment arbitration. Transparency has emerged as a key means of improving international investment arbitration, including to make it more accountable and more legitimate. An agenda that seeks to identify and enact effective reforms to reach this promise must take into account the types of transparency best adapted to achieve these goals. In considering transparency in international investment arbitration, then, it is vital that States, arbitral institutions, and other stakeholders confront the assumptions and motivations underpinning suggested reforms in order to best adapt those reforms to achieve their stated objectives. The contours of the discussion in this Chapter hold importance for reform agendas in other fields of international arbitration. It highlights the importance of clarifying what is being proposed, what is being excluded from that discussion, and how these understandings influence the concrete outcomes of reform efforts as well as the appraisal of their success by disparate stakeholders
Most Favoured Nation Treatment -- Substantive Protection in Investment Law by David D Caron( )

1 edition published in 2015 in English and held by 1 WorldCat member library worldwide

The Australian year book of international law. Volume 38 (2020)( Book )

1 edition published in 2020 in English and held by 1 WorldCat member library worldwide

Launched in 1965, 'The Australian year book of international law' (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication.0AYBIL aims to combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.0It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 38 features a set of special issue papers on the theme of 'The Backlash against International Law: Australian Perspectives'. These articles originated as papers presented to a June 2019 workshop at the Australian National University (ANU), which launched a global research partnership project between scholars at ANU, Indiana University and the University of Maryland
Deference and Indirect Expropriation Analysis in International Investment Law Observations on Current Approaches and Frameworks for Future Analysis by Esmé Shirlow( )

1 edition published in 2020 in English and held by 1 WorldCat member library worldwide

This article examines whether standards of review analysis accurately reflects or is helpful to understanding current approaches to deference by tribunals in the indirect expropriation enquiry. Section II provides doctrinal background by developing a model of the indirect expropriation enquiry, and illustrates three examples of the standards of review school of thought. Section III identifies the practical utility of standards of review theories for States and investors party to arbitral proceedings, and poses a number of questions to be considered in Section IV. Section IV draws upon 18 awards and returns to the questions posed in Section III to examine how jurisprudential analysis can guide the reformulation of notions of deference applicable to the indirect expropriation enquiry. In so doing, it seeks to offer practical solutions to States and investors party to arbitral proceedings. Section V concludes with a brief statement of how this article contributes to current scholarship on these issues
 
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WorldCat IdentitiesRelated Identities
Judging at the interface : deference to state decision-making authority in international adjudication
Covers
The Australian year book of international law (2019)The Australian year book of international law. Volume 38 (2020)
Alternative Names
Shirlow E.

Languages
English (17)