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Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 482 pages
File Size : 52,7 Mb
Release : 1979-03-09
Category : Law
ISBN : 902860359X
Author : Inge Van Hulle,Randall C.H. Lesaffer
Publisher : BRILL
Page : 242 pages
File Size : 52,6 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004412088
International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.
Author : Robert Kolb
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 45,8 Mb
Release : 2017-07-13
Category : Law
ISBN : 9781509914074
There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 40,9 Mb
Release : 2010-01-11
Category : Law
ISBN : 9780521191364
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author : Rahmi Kopar
Publisher : Bloomsbury Publishing
Page : 235 pages
File Size : 49,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781509938407
This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
Author : Stanimir A. Alexandrov
Publisher : BRILL
Page : 375 pages
File Size : 51,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004635166
Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 54,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 9781316503072
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author : Heejin Kim
Publisher : BRILL
Page : 381 pages
File Size : 51,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9789004325517
Regime Accommodation in International Law: Human Rights in International Economic Law and Policy provides an analysis of multidimensional conflict between two specialized regimes. The author examines how decision-makers at different stages of international economic policy-making can address and accommodate human rights in a better way.
Author : Matthew C. R. Craven,Malgosia Fitzmaurice,Maria Vogiatzi
Publisher : Martinus Nijhoff Publishers
Page : 264 pages
File Size : 55,5 Mb
Release : 2007
Category : Law
ISBN : 9789004154810
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 53,5 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786434715
This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.
Author : Phil C.W. Chan
Publisher : Hotei Publishing
Page : 367 pages
File Size : 50,6 Mb
Release : 2015-05-13
Category : Law
ISBN : 9789004288379
In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.
Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
Page : 248 pages
File Size : 49,5 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186140
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.
Author : Ioana Tudor
Publisher : OUP Oxford
Page : 348 pages
File Size : 45,8 Mb
Release : 2008-03-13
Category : Law
ISBN : 9780191607974
The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.
Author : Voitovich
Publisher : Martinus Nijhoff Publishers
Page : 219 pages
File Size : 41,8 Mb
Release : 2023-08-28
Category : Business & Economics
ISBN : 9789004634626
Voitovich presents a clear and lucid discussion of the manner and form in which international economic organizations (IEOs) participate in two main stages of the international legal process: law making and law implementation. The book is based on normative instruments and fragments of practice of about fifty IEOs. In order to ensure a proper and timely realization of their normative acts, IEOs exercise a number of law implementing functions which are subject to a thorough comparative examination. The author concludes that existing IEOs, not being ideal institutional models, possess a sufficient arsenal of law implementing instruments to make a considerable impact on the international legal regulations in the economic field. The book will be of interest to academics and economic political scientists.
Author : Eyal Benvenisti,Georg Nolte
Publisher : Oxford University Press
Page : 560 pages
File Size : 43,5 Mb
Release : 2018-05-17
Category : Law
ISBN : 9780192558916
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.