Substantive Law in Investment Treaty Arbitration PDF Download
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Author: Monique Sasson
Publisher:
ISBN: 9789041161031
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
Preface --List of Abbreviations --Introduction: The Unsettled Relationship Between International Law and Municipal Law --Attribution under the Law of State Responsibility --Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law --Investor Nationality under Municipal and International Law --From Property to Investment --Shareholders' Rights --Treaty Versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach --The Unsettled Relationship Between International and Municipal Law --Appendices.
Author: Monique Sasson
Publisher:
ISBN: 9789041161031
Category : Arbitration and award
Languages : en
Pages : 0
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Book Description
Preface --List of Abbreviations --Introduction: The Unsettled Relationship Between International Law and Municipal Law --Attribution under the Law of State Responsibility --Article 42 of the ICSID Convention and the Relationship Between International Law and Municipal Law --Investor Nationality under Municipal and International Law --From Property to Investment --Shareholders' Rights --Treaty Versus Contract Claims, and Umbrella Clauses: When a Contract Breach May Become a Treaty Breach --The Unsettled Relationship Between International and Municipal Law --Appendices.
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: Reza Eftekhar
Publisher: BRILL
ISBN: 9004469605
Category : Law
Languages : en
Pages : 422
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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 the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.
Author: Berk Demirkol
Publisher: Cambridge University Press
ISBN: 1107198461
Category : Law
Languages : en
Pages : 291
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Book Description
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642726
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: Giovanni Distefano
Publisher: BRILL
ISBN: 9004396691
Category : Law
Languages : en
Pages : 991
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Book Description
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1108426662
Category : Law
Languages : en
Pages : 331
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Book Description
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668
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Book Description
Author: Bin Cheng
Publisher: Cambridge University Press
ISBN: 0521030005
Category : Law
Languages : en
Pages : 0
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Book Description
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
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 Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
