The Formation and Identification of Rules of Customary International Law in International Investment Law PDF Download
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Author: Patrick Dumberry
Publisher: Cambridge University Press
ISBN: 1316503070
Category : Law
Languages : en
Pages : 535
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Book Description
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author: Patrick Dumberry
Publisher: Cambridge University Press
ISBN: 1316503070
Category : Law
Languages : en
Pages : 535
Get Book Here
Book Description
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
![Catalogue of the Public Documents of the [the Fifty-third] Congress [to the 76th Congress] and of All Departments of the Government of the United States PDF](https://books.google.com/books/content/images/frontcover/JTswk-oaEMoC?fife=w80-h100)
Author: United States. Superintendent of Documents
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1272
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Book Description
Author: Machiko Kanetake
Publisher: Bloomsbury Publishing
ISBN: 1782256156
Category : Law
Languages : en
Pages : 489
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Book Description
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1072
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Book Description
Author: Grand Rapids Public Library (Grand Rapids, Mich.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 728
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Book Description
Author:
Publisher:
ISBN:
Category : Detroit (Mich.)
Languages : en
Pages : 3266
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Book Description
Author: James A. Green
Publisher: Oxford University Press
ISBN: 0191009563
Category : Law
Languages : en
Pages : 353
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Book Description
The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Author: Filip Balcerzak
Publisher: BRILL
ISBN: 9004339000
Category : Law
Languages : en
Pages : 331
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Book Description
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
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Book Description
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Author: Guiguo Wang
Publisher: Routledge
ISBN: 1134442424
Category : Law
Languages : en
Pages : 613
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Book Description
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.
