Admissibility of Shareholder Claims under Investment Treaties


Book Description

This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.







A Catalogue of the Law Collection at New York University


Book Description

Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.




The Individual in the International Legal System


Book Description

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.




Yesterday in Mexico


Book Description

Early in a sixteen-year sojourn in Mexico as an engineer for an American mining company, John W. F. Dulles became fascinated by the story of Mexico’s emergence as a modern nation, and was imbued with the urge to tell that story as it had not yet been told—by letting events speak for themselves, without any interpretations or appraisal. The resultant book offers an interesting paradox: it is “chronicle” in the medieval sense—a straightforward record of events in chronological order, recounted with no effort at evaluation or interpretation; yet in one aspect it is a highly personal narrative, since much of its significant new material came to Dulles as a result of personal interviews with principals of the Revolution. From them he obtained firsthand versions of events and other reminiscences, and he has distilled these accounts into a work of history characterized by thorough research and objective narration. These fascinating interviews were no more important, however, than were the author’s many hours of laborious search in libraries for accounts of the events from Carranza’s last year to Calles’ final retirement from the Mexican scene. The author read scores of impassioned versions of what transpired during these fateful years, accounts written from every point of view, virtually all of them unpublished in English and many of them documents which had never been published in any language. Combining this material with the personal reminiscences, Dulles has provided a narrative rich in its new detail, dispassionate in its presentation of facts, dramatic in its description of the clash of armies and the turbulence of rough-and-tumble politics, and absorbing in its panoramic view of a people’s struggle. In it come to life the colorful men of the Revolution —Obregón, De la Huerta, Carranza, Villa, Pani, Carillo Puerto, Morones, Calles, Portes Gil, Vasconcelos, Ortiz Rubio, Garrido Canabal, Rodríguez, Cárdenas. (Dulles’ narrative of their public actions is illumined occasionally by humorous anecdotes and by intimate glimpses.) From it emerges also, as the main character, Mexico herself, struggling for self-discipline, for economic stability, for justice among her citizens, for international recognition, for democracy. This account will be prized for its encyclopedic collection of facts and for its important clarification of many notable events, among them the assassination of Carranza, the De La Huerta revolt, the assassination of Obregón, the trial of Toral, the resignation of President Ortiz Rubio, and the break between Cárdenas and Calles. More than sixty photographs supplement the text.




The Iran-United States Claims Tribunal


Book Description

An assessment of the Tribunal's jurisprudence and its contribution to international arbitration. The Tribunal was set up as part of the resolution of the hostage crisis to settle property claims between the two states and their nationals arising from the Iranian revolution. The normal mechanisms for such situations were politically unacceptable to both parties, so an international tribunal was established controlled by independent arbitrators. The analysis focuses on two themes: how the tribunal has applied international law to the issues before it; and the extent to which it is recognized as an international arbitral body and its awards are enforced by municipal courts. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR




From Above and Below


Book Description

2014 Best International Book Award, Mormon History Association For the first century of their church’s existence, Mormon observers of international events studied and cheered global revolutions as a religious exercise. As believers in divine-human co-agency, many prominent Mormons saw global revolutions as providential precursors to the imminent establishment of the terrestrial kingdom of God. French Revolutionary symbolism, socialist critiques of industrialism, American Indian nationalism, and Wilsonian internationalism all became the raw materials of Mormon millennial theologies which were sometimes barely distinguishable from secular utopianism. Many Mormon thinkers accepted secular revolutionary arguments that the old world order needed to be destroyed, not merely reformed, to clear the way for the new. In From Above and Below, author Craig Livingston tells the story of Mormon commentary on global revolutions from the European revolutions of 1848 to the collapse of Mormon faith in progress in the 1930s when revolutionary communist and fascist regimes exposed themselves as violent and repressive. As the Church bureaucratized and assimilated to mainstream American and capitalist values, Mormons became champions of the conservative view of political and social development for which they are known today. The first Mormon converts in Mexico and France, both political radicals, would scarcely recognize the arch-conservative twenty-first century Church.




State Responsibility and Rebels


Book Description

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.




Talking to Strangers


Book Description