The Mexican Claims Commissions, 1923-1934
Author : Abraham Howard Feller
Publisher :
Page : 608 pages
File Size : 26,9 MB
Release : 1971
Category : Arbitration (International law)
ISBN :
The Development of International Law by the International Court of Justice
Author : Christian J. Tams
Publisher : OUP Oxford
Page : 432 pages
File Size : 31,99 MB
Release : 2013-09-12
Category : Law
ISBN : 019165034X
Book Description
This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.
Research Handbook on International Claims Commissions
Author : Chiara Giorgetti
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 40,6 MB
Release : 2023-12-11
Category : Law
ISBN : 1839103795
Book Description
International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.
The Individual in the International Legal System
Author : Kate Parlett
Publisher : Cambridge University Press
Page : 463 pages
File Size : 22,71 MB
Release : 2011-04-14
Category : Law
ISBN : 1139499971
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.
Admissibility of Shareholder Claims under Investment Treaties
Author : Gabriel Bottini
Publisher : Cambridge University Press
Page : 347 pages
File Size : 27,69 MB
Release : 2020-09-17
Category : Law
ISBN : 1108787924
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.
The Protection of Foreign Investment in Times of Armed Conflict
Author : Jure Zrilic
Publisher : Oxford University Press
Page : 334 pages
File Size : 48,76 MB
Release : 2019-10-17
Category : Law
ISBN : 0192566059
Book Description
Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.
State Responsibility and Rebels
Author : Kathryn Greenman
Publisher : Cambridge University Press
Page : 467 pages
File Size : 23,45 MB
Release : 2021-08-26
Category : Law
ISBN : 100905032X
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.
Nationalization, Natural Resources and International Investment Law
Author : Junji Nakagawa
Publisher : Taylor & Francis
Page : 251 pages
File Size : 11,95 MB
Release : 2017-07-06
Category : Law
ISBN : 1351619314
Book Description
Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.
Rebellions and Civil Wars
Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 459 pages
File Size : 39,46 MB
Release : 2021-11-18
Category : Law
ISBN : 1316514978
Book Description
Analysis of questions of State responsibility and attribution arising from the conduct of rebels and governments in civil war situations.
Party-Appointed Arbitrators in International Commercial Arbitration
Author : Alfonso Gómez-Acebo
Publisher : Kluwer Law International B.V.
Page : 240 pages
File Size : 39,31 MB
Release : 2016-04-26
Category : Law
ISBN : 9041166858
Book Description
The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.
