Author: Paul B. Stephan
Publisher: BRILL
ISBN: 9004696105
Category : Law
Languages : en
Pages : 320
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Book Description
The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
Author: Lambertus Erades
Publisher:
ISBN:
Category : International and municipal law
Languages : en
Pages : 522
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Book Description
Author: Monique Sasson
Publisher: Kluwer Law International B.V.
ISBN: 9041161104
Category : Law
Languages : en
Pages : 328
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Book Description
This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
Author: Jingxia Shi
Publisher:
ISBN: 9780837742564
Category : China
Languages : en
Pages :
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Book Description
With China's international impact on the rise, the application of international law domestically is getting more complex. China's attitude and influence on international law are also undergoing profound changes along the years. In order to explore the relationship between international law and domestic law in theory, and to effectively avoid and handle the contradictions and conflicts between the two in practice, The National Social Science Fund of China has sponsored this study, which has been listed in the National Achievements Library of Philosophy and Social Science and is regarded as one of the most classic work in the field of international law research in China. This book is written by the most influential international public law scholar in China Wan Exiang et al. and thus represent the highest academic level in this study area in China. The book is comprehensive enough to: Contribute to the academic discussion on the theories regarding the relationship between international law and domestic law; the international community Chinese perceptions on the relationship between international law and domestic law. Based on the overall grasp of the existing theoretical forms of the relations, this work innovatively puts forward a theory of interests coordination regarding the relationship between international law and domestic law. The work also examines the application of international human rights law, international economic law, international criminal law and international environmental law in China and the existing problems, so as to enhance a benign interaction between contemporary international law and Chinese municipal law.--Publisher.
Author: Mads Andenas
Publisher: BRILL
ISBN: 9004390936
Category : Law
Languages : en
Pages : 474
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Book Description
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Author: United Nations. International Law Commission
Publisher:
ISBN: 9789521023378
Category : Conflict of laws
Languages : en
Pages : 306
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Book Description
Author: Reza Eftekhar
Publisher: Nijhoff International Investme
ISBN: 9789004469594
Category : Law
Languages : en
Pages : 455
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Book Description
"The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642718
Category : Law
Languages : en
Pages : 305
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Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: Hersch Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521204804
Category : International law
Languages : en
Pages : 624
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Book Description
Author: Hersch Lauterpacht
Publisher:
ISBN:
Category : Arbitration (International law).
Languages : en
Pages : 504
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Book Description
