Therefore, it is the regulatory function of the state and how it impacts on foreign investment that is most relevant. Please note that this guide does not include every single international tribunal that currently exists. It discusses the inter alia involved in the development perspective in the establishment of an appellate process in the investment sphere. This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. This article explores the effects of a successful invocation of a necessity or force majeure defence, including whether compensation is due in the event of a successful plea.
This article looks at the contribution of professional associations and concludes that these rules are compared to assess to what extent they can provide a model for investment arbitration with some preliminary conclusions and recommendations. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. The International Criminal Judgments: From Nuremberg to Tadic to Taylor Nicolaos Strapatsas 4. This article examines the possibility of invoking the protection of legitimateexpectations under the fair and equitable treatment standard to strike downquestionable regulatory changes taken by a host State in investor-State investmentarbitrations. Listed below are some of the common abbreviations you may see, in terms of international courts and tribunals. The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses. © P Muchlinski, F Ortino, C Schreuer, 2008.
The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses. What the introduction of arbitration achieves is to place some fundamental questions out of sight. This article discusses the issues related to the slow movement of international investment arbitration law through many procedural issues. This article raises a potentially serious question about the future of investor-state arbitration, in particular whether it is an effective system of justice and discusses most recent cases that clearly demonstrate the major weakness in the system for enforcement of investment awards. The purpose of this article is to provide an overview of the issues of independence and impartiality of members of investment tribunals.
It reveals the distinction between compliance with international investment instruments and the procedural issues of enforcement, recognition, and execution of arbitral decisions. Unlike in the 1970s, when the main issues were expropriation and transfer pricing by multinational enterprises, at present, the economic role of the state has changed from direct intervention to an indirect rule. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The Interest Group on International Courts and Tribunals focuses on the work of the many existing and proposed international judicial and arbitral bodies. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law, and international economic law, while also including critical reflection by practitioners.
Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. Category: Law Author : Stephen C. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy. Finally, by way of conclusion, it seeks to relate the foregoing discussion to some wider policy issues. .
It also attempts to bridge the historical investigation and contemporary commentary. It also discusses various developments that have led to a number of learned conferences on investment arbitration in which the proposal for an appellate system has been the subject of discussion involving both academics and practitioners in the field. Attention is paid to classic processes as well as new developments and shades of normativity. This article is proffered mainly as a framework paper focusing on some key issues. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are.
Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. This article considers the 'prima-facie test' that has been applied by investment treaty tribunals to the claimant's case as the threshold for jurisdiction. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented.
The authors are internationally recognized experts in the field, most with years of experience. This article presents in brief some of the arguments for an appellate process in the investment sphere. Generally, the 19th edition of the prefers the print compilations to the online versions, where possible, but it does not include preferred citation formats for each of the tribunals included. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. Its chapters also contain topics of practical relevance to lawyers and international decision-makers. This article assesses how the most-favoured nation treatment standard has come to be regularly included in international instruments and treaties concerning foreign investment. This guide provides basic introductory information about each of the international courts and tribunals listed.
This chapter examines the emergency regimes of national legal systems for additional insights that might assist in more closely delineating a State's emergency powers in times of economic crisis; more particularly concerning the conditions governing the adoption of emergency measures and the consequences thereof. Research Handbook on International Courts and Tribunals 5784 Research Handbooks in International Law series by Shannonbrooke Murphy and William A. The authors are internationally recognized experts in the field, most with years of experience. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system's development.
Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. It identifies some of the potential appellate options, and focuses on the development perspective to such a proposal. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. Its aim is to monitor and provide information and commentary on the work of all international courts and tribunals, as well as hybrid and international tribunals.