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The Transnational Protection of Private Rights: Issues, Challenges, and Possible Solutions

  • Sundaresh MENON (a1)
Abstract

The global community faces the challenge of dealing with movements in opposite directions: the emphasis on decolonization and self-determination in the postwar world has encouraged the building of barriers and boundaries between jurisdictions, while globalization has encouraged the breaking or transcending of the same. This paper focuses on the legal protection of private economic rights in the transnational arena by considering the regulation of transnational economic relationships at three different levels: (a) where a party's rights are not regulated or governed by any contract; (b) where there is a contract between the parties; and (c) where a foreign investor looks to protect its investment against unlawful interference by a host state. It concludes with some thoughts on what might lie ahead and suggests possible solutions to the issues and challenges faced.

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Chief Justice, Supreme Court of Singapore. This paper is adapted from the Charles N. Brower Lecture that I delivered on 10 April 2014. The views and ideas contained here are personal. I am deeply grateful to my colleague, Justin Yeo, Assistant Registrar of the Supreme Court, for the considerable assistance he gave me in the research and preparation of this lecture and for his valuable contributions to the ideas which are contained here.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Henrik HORN and Petros C. MAVROIDIS , Legal and Economic Principles of World Trade Law (Cambridge: Cambridge University Press, 2013)

Laurence R. HELFER et al., “Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community” (2009) 103 American Journal of International Law 1

A. REDFERN and M. HUNTER , Law and Practice of International Commercial Arbitration, 4th edn. (London: Sweet and Maxwell, 2004)

Loukas MISTELIS , “Unidroit Principles Applied as ‘Most Appropriate Rules of Law’ in a Swedish Arbitral Award” (2003) 8 Uniform Law Review 631

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Asian Journal of International Law
  • ISSN: 2044-2513
  • EISSN: 2044-2521
  • URL: /core/journals/asian-journal-of-international-law
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