BURA Collection:http://bura.brunel.ac.uk/handle/2438/85952024-03-28T11:30:56Z2024-03-28T11:30:56ZEnforceability of solidarity in the European UnionJack-Osimiri, Ajichi Patrick Uchehttp://bura.brunel.ac.uk/handle/2438/285802024-03-20T03:00:34Z2024-01-01T00:00:00ZTitle: Enforceability of solidarity in the European Union
Authors: Jack-Osimiri, Ajichi Patrick Uche
Abstract: Failure to cooperate and show solidarity in certain areas in the EU has created several problems within the Union. Solidarity is extremely important as the main purpose of the Union is for member states to be able to work together to achieve collective goals. Therefore, if there is a deficit in solidarity, then certain important goals of the Union cannot be accomplished. Along these lines, this thesis explores the concept of solidarity in the European Union. It traces the origins of solidarity and the motivations for solidarity within the Union. It then explores the various treaty provisions which provide for solidarity and cooperation within the Union and how the CJEU has interpreted them. It looks at solidarity in different areas including the area of Asylum, environmental protection, energy procurement, Common Defence & Arms Acquisition etc. Furthermore, it examines member states behavior in terms their compliance with decisions of the Court. Finally, it draws a comparison between solidarity at the Union level and the international level and provides recommendations in the conclusion.
Description: This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London2024-01-01T00:00:00ZUse of international commercial arbitration for project finance disputes: A new approach for drafting the arbitration clauseOrbay-Graves, Aslihttp://bura.brunel.ac.uk/handle/2438/284392024-03-02T10:58:16Z2023-01-01T00:00:00ZTitle: Use of international commercial arbitration for project finance disputes: A new approach for drafting the arbitration clause
Authors: Orbay-Graves, Asli
Abstract: International arbitration, as an alternative dispute method to traditional litigation, has gradually gained popularity for cross-border commercial disputes. On one hand, international commercial arbitration is one of the fastest growing sectors with an overwhelmingly increasing number of parties of any commercial transaction resorting to the arbitration route to resolve their disputes all around the world. The world has witnessed a considerable number of arbitral institutions being formed and providing guidance, setting out their own rules, putting a significant amount of effort into promoting the fundamentals of arbitration and its advantages. As a result, international commercial arbitration has been widely used by the parties of a transaction mainly due to its speed, neutrality, confidentiality, and the expertise offered by the arbitrators. On the other hand, despite the fact that several surveys and research reflect this rise of interest in using international commercial arbitration for many different sectors including construction and energy, international arbitration has failed to become as popular for financial disputes. The advantages and disadvantages regarding the use of international commercial arbitration have been analysed in a more comprehensive way within the last decade, with the financial arbitration institutions, financial dispute resolution centres and the commercial arbitration institutions have started addressing the main issues and been trying to shape their rules and approaches with the aim of improving the use of arbitration for financial disputes. Although the efforts are undeniably beneficial, this only solves one part of the problem: technicality. Some of the general disadvantages of international commercial arbitration compared with litigation have an elevated impact considering finance transactions and witnessing the institutions taking action is a massive improvement and surely will escalate the number of parties choosing alternative dispute resolution over litigation. However, there are certain problems evaluated in this research in a detailed way, which are mainly due to the nature of a project finance transaction, which cannot be solved just by improving general rules. There is a considerable amount of effort which is definitely in the right direction, just like the introduction of a ‘single dispute resolution scheme’, but it is time to take it to the next level, in terms of the content and mechanism of the proposed consolidated agreement, in order to make it more attractive to the financial institutions. This thesis proposes a mechanism where the parties can choose the specifics of their transaction, in terms of the jurisdictions involved, the location where the project is built, the nature and number of parties involved. Subsequently, a system which suggests specific clauses to be inserted in the model clauses and making the parties aware of the ‘red flags’ that needs to be paid attention to before drafting the clauses may significantly improve the use of arbitration. This thesis comprises two case studies and uses the UK and Turkey as case studies but aims to provide recommendations that can lead to a significant contribution for designing a future model for any jurisdiction. Based on the two jurisdictions, this research aims to demonstrate how the proposed system might work by pointing out the main jurisdictional challenges in the current environment through an analysis of two different countries.
Description: This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London2023-01-01T00:00:00ZEnabling the Kingdom of Saudi Arabia to engage in a cross-border framework to control clientelistic corporate self-dealingMedallah, Abdullah K.http://bura.brunel.ac.uk/handle/2438/278472023-12-13T03:00:35Z2023-01-01T00:00:00ZTitle: Enabling the Kingdom of Saudi Arabia to engage in a cross-border framework to control clientelistic corporate self-dealing
Authors: Medallah, Abdullah K.
Abstract: The recent cross-border investments in innovative or ‘disruptive’
entrepreneurship have been placed under the spotlights of academics
worldwide. On the one hand, much of the research focus has been on
investing in the ecosystem of entrepreneurship and how it aids gross domestic
product (GDP), employment, education, and innovation, and reduces public
spending. On the other hand, many obstacles have blocked international
equity investors. Among other reasons, clientelism has led to the failure of
emerging markets to attract investments, whereas equity fund managers are
less likely to leave jurisdictions where they retain more political power in
corporate boardrooms to build an entrepreneurial ecosystem. The existing
general discourse is that each state is defining its own gatekeepers to protect
the benefits of shareholders or foreign investors in a business venture, leading
to less cross-border cooperation to harmonise anti-clientelistic rules.
Nonetheless, less focus has been given to the arbitrage opportunity of crossborder
legal caveat, hence why new forms of abusive ‘clientelistic self-dealing’
have emerged. Political economic scholars, examining equity fund managers’
control, both at corporate or State levels, agree that laws have failed to enable
rigorous cross-border protection of minority shareholders or foreign investors.
We found that many self-dealing rules as they are soft law or process
normative lacking a consistent jurisprudential rulemaking. The key argument
of the study is that, in addition to the formal and informal economic actors,
there is a third-actor with concealed powers to influence corporate decision making.
The recent membership of the Kingdom in UNCITRAL is an
opportunity for the Kingdom to lead the proposed reforms. The principal
findings of this study are delineated as follows: 1) Inadequacy of ‘Expropriation’ Clauses in Investment Model Laws: as it has been discerned that the prevailing
expropriation clauses enshrined within investment model laws exhibit
insufficiencies. Consequently, it is advocated that model laws ought to
broaden the scope of actionable legal measures to encompass instances of
clientelism, 2) Strong Association Between Clientelism and Corporate Self-Dealing: This
investigation has revealed a qualitative association between the phenomenon
of clientelism and the practice of corporate self-dealing. The latter pertains to
situations wherein individuals with positions of authority within a corporate
entity exploit their roles for personal gain, often to the detriment of the
corporate or its shareholders, and 3) Feasibility of Establishing a Universal
Regulatory Framework for Cooperative Corporate Self-Dealing: It is posited that the
establishment of a comprehensive regulatory framework, applicable
universally, for the governance of cooperative corporate self-dealing is a
plausible endeavour. The viability of such an instrument is contingent upon
an intricate analysis of factors, including but not limited to macro-legitimacy,
which denotes the overarching legitimacy of corporate members’ actions.
Additionally, this feasibility hinges upon an examination of how macrolegitimacy
influences decision-making processes that either facilitate
opportunities under the aegis of the doctrine of corporate opportunities or
interdict transactions through the incorporation of a 'no-conflict' provision.
These findings underscore the exigency for a more nuanced and inclusive
approach to legal frameworks governing investments, corporate conduct, and
governance, particularly in the context of addressing issues related to
clientelism and corporate self-dealing.
Description: This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University2023-01-01T00:00:00ZNormativity and hollowness of the doctrine of jus cogensAlZarouni, Yousif Mansour Ahmed Abdallahttp://bura.brunel.ac.uk/handle/2438/278092023-12-06T03:00:38Z2023-01-01T00:00:00ZTitle: Normativity and hollowness of the doctrine of jus cogens
Authors: AlZarouni, Yousif Mansour Ahmed Abdalla
Description: This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London2023-01-01T00:00:00Z