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This book develops a conceptual framework that captures not only
the tensions between constitutional values that are common to
liberal democracies - human rights, democracy, and the rule of law
- and the investment treaty regime, but also the potential for
co-existence and complementarity. Contributions from leading
experts in the field address how different systems of
constitutional law interact with the investment treaty regime.
Chapters provide a detailed overview of the various forms of
interaction, and critically engage with the competing claims for
supremacy that constitutional law and international investment law
formulate. The book also addresses the reactions within the
investment treaty regime to the demands formulated by
constitutional law, in particular the use of constitutional
analogies to understand international investment law and
investor-state dispute settlement. Investigating the leading
questions and issues surrounding this growing topic, this book will
be an ideal read for students and scholars interested in financial,
economic, and international law. Practitioners of constitutional
law will also benefit from this innovative book.
This book questions whether investment law influences the wider
field of general international law, and more specifically, whether
approaches adopted by tribunals in investment arbitrations have
radiated, or should radiate, into other fields of international
law. To answer this question, the book engages in a detailed
analysis of pronouncements by investment tribunals on state
responsibility, the law of treaties, and general principles of
dispute resolution, and evaluates their impact beyond the narrow
field of investment law. The perspectives provided in the book
highlight how rules of general international law are concretised,
specified, and at times moulded in investment arbitration practice.
By doing so, the book enhances our understanding of the
relationship between general international law and one its most
dynamic sub-disciplines. Combining conceptual and practical
perspectives, and offering a detailed analysis of the pertinent
case law, the book is a plea for a fuller engagement directed at
both general international lawyers and international investment
lawyers. It will help investment lawyers better understand the role
of general international law in their field of practice. General
international lawyers will benefit from paying close attention to
how investment lawyers apply and interpret rules of general
international law.
Historiographical approaches to international investment law
scholarship are becoming ever more important. This insightful book
combines perspectives from a range of expert international law
scholars who explore ways in which using a broad variety of
historical methods and historical research can lead to a better
understanding of international investment law. International
Investment Law and History critically analyses the use of
historical argument in international investment law. It examines
the vital roles that historical arguments play in interpreting
investment treaties, resolving investor-state disputes, and
justifying or criticising the current system of investment
protection. This book is the first in-depth study on the
methodological challenges and benefits of historical analysis in
international investment law. As such, it is a vital tool for
scholars and practitioners in the field who wish to understand ways
in which to use historical research and analysis to improve and
redefine international investment law. Contributors include: M.
Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A.
Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John,
C.J. Tams, J. Yackee
The global crises of the early 21st century have tested the
international financial architecture. In seeking to ensure
stability, governments have regulated financial and capital
markets. This in turn has implicated international investment law,
which investors have invoked as a shield against debt
restructuring, bail-ins or bail-outs. This book explores whether
investment law should protect against such regulatory measures,
including where these have the support of multilateral
institutions. It considers where the line should be drawn between
legitimate regulation and undue interference with investor rights
and, equally importantly, who draws it. Across the diverse chapters
herein, expert international scholars assess the key challenges
facing decision makers, analyze arbitral and treaty practice and
evaluate ways towards a balanced system of investment protection in
the financial sector. In doing so, they offer a detailed analysis
of the interaction between investment protection and financial
regulation in fields such as sovereign debt restructuring and bank
rescue measures. Combining high-level analysis with a detailed
assessment of controversial legal issues, this book will provide
guidance for both academics and legal practitioners working in
international economic law, international arbitration, investment
law, international banking and financial law. Contributors include:
A. Asteriti, P. Athanassiou, C.N. Brower, A. De Luca, A.
Goetz-Charlier, A. Gourgourinis, R. Hofmann, H. Kupelyants, Y. Li,
M. Mendelson, M.W. Muller, M
The Research Handbook on the Law of Treaties provides an
authoritative treatment of fundamental issues in international
treaty law. Identifying key challenges facing the modern law of
treaties, the Handbook addresses the current regime and comments on
potential directions of the law.Rather than an article-by-article
commentary on provisions applicable to treaties, the Handbook
offers an innovative study of their spatial, personal and temporal
dimensions and of the tensions that arise due to the need for both
flexibility and certainty in treaty relations. It analyses the
interaction between treaty regimes and potential ruptures, as well
as the expansion of treaty law to international organisations,
corporations and individuals. Each chapter includes an 'agenda for
research', highlighting areas where future work could yield
significant results. This pioneering Handbook will prove an
invaluable resource for researchers and advanced students, as well
as providing unique insights for practitioners of international
law. Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J.
Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I.
Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M.
Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A.
Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P.
Webb, A. Zimmermann
The Research Handbook on the Law of Treaties provides an
authoritative treatment of fundamental issues in international
treaty law. Identifying key challenges facing the modern law of
treaties, the Handbook addresses the current regime and comments on
potential directions of the law.Rather than an article-by-article
commentary on provisions applicable to treaties, the Handbook
offers an innovative study of their spatial, personal and temporal
dimensions and of the tensions that arise due to the need for both
flexibility and certainty in treaty relations. It analyses the
interaction between treaty regimes and potential ruptures, as well
as the expansion of treaty law to international organisations,
corporations and individuals. Each chapter includes an 'agenda for
research', highlighting areas where future work could yield
significant results. This pioneering Handbook will prove an
invaluable resource for researchers and advanced students, as well
as providing unique insights for practitioners of international
law. Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J.
Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I.
Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M.
Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A.
Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P.
Webb, A. Zimmermann
Volume 12 of the EYIEL focuses on “The Future of Dispute
Settlement in International Economic Lawâ€. While new forms of
dispute settlement are emerging, others are in deep crisis. The
volume starts off with reflections on Dispute Settlement and the
World Trade Organisation, most prominently the crisis of the
Appellate Body, but also addressing international intellectual
property law and the African Continental Free Trade Area. This is
followed by a section on Dispute Settlement and Investment
Protection/International Investment Law, which includes articles on
the summary dismissal of claims, the margin of appreciation
doctrine, the use of conciliation to settle sovereign debt
disputes, and contract-based arbitration in light of Achmea and
Hagia Sophia at ICSID. Further contributions consider the emerging
role of commercial courts, the dejudicialization of international
economic law, dispute settlement in the UK-EU Withdrawal Agreement,
reference mechanisms in dispute resolution clauses, and
UNCLOS.Â
Volume 10 of the EYIEL focusses on the relationship between
transnational labour law and international economic law on the
occasion of the 100th anniversary of the International Labour
Organisation (ILO). As one of the oldest UN Agencies, the ILO has
achieved considerable progress with respect to labour rights and
conditions. The contributions to EYIEL Volume 10 assess these
achievements in light of current and future challenges. The ILO's
core instruments and legal documents are analysed and similarly the
impact labour standards have on trade and investment agreements. In
its regional section, EYIEL 10 addresses recent developments in the
US and the EU, including the US' trade policy strategy towards
China as well as the reform of the NAFTA. In its part on
institutions, EYIEL 10 focusses inter alia on the role of the rule
of law in relation to current practices of the International
Monetary Fund and of the WTO's Appellate Body as an international
court. Furthermore, it provides an overview of current cases before
the WTO. Finally, the volume entails a section with review essays
on recently published books in the field of international economic
law and international investment law.
International investment law has often been seen as an obstacle to
sustainable development. While the connections between investment
and development are plain, for a long time there has been
relatively little scholarship exploring them. Combining critical
reflection and detailed analysis, this book addresses the
relationship between contemporary investment law and development.
The book is organized around two competing visions of investment
and development - as working either harmoniously or in conflict
with one another. The expert contributors reflect on both of these
views and analyse the social dimensions of development and its
impact on investment law. Coverage includes in-depth discussion on
such issues as human rights, poverty reduction, labor standards,
and indigenous peoples. Students and scholars of international
investment law will benefit from the informed analysis of the links
between investment and development. This book will also be of use
to practitioners and experts of development law who are looking for
an up-to-date perspective of the field. Contributors: W. Ben
Hamida, C. Binder, J. Bonnitcha, M.-C. Cordonier Segger, D.A.
Desierto, M.G. Desta, I. Feichtner, M.W. Gehring, A.R. Hippolyte,
R. Hofmann, K. Magraw, K.Nadakavukaren Schefer, V. Prislan, Y.
Radi, A. Saldarriaga, S.W. Schill, M. Sornarajah, C.J. Tams, C.
Tan, R. Zandvliet
Volume 11 of the EYIEL focuses on rights and obligations of
business entities under international economic law. It deals with
the responsibilities of business entities as well as their special
status in various subfields of international law, including human
rights, corruption, competition law, international investment law,
civil liability and international security law. The contributions
to this volume thus highlight the significance of international law
for the regulation of business entities. In addition, EYIEL 11
addresses recent challenges, developments as well as events in
European and international economic law such as the 2019 elections
to the European Parliament, Brexit and the EU-Mercosur Free Trade
Agreement. A series of essays reviewing new books on international
trade and investment law completes the volume.
Volume 12 of the EYIEL focuses on "The Future of Dispute Settlement
in International Economic Law". While new forms of dispute
settlement are emerging, others are in deep crisis. The volume
starts off with reflections on Dispute Settlement and the World
Trade Organisation, most prominently the crisis of the Appellate
Body, but also addressing international intellectual property law
and the African Continental Free Trade Area. This is followed by a
section on Dispute Settlement and Investment
Protection/International Investment Law, which includes articles on
the summary dismissal of claims, the margin of appreciation
doctrine, the use of conciliation to settle sovereign debt
disputes, and contract-based arbitration in light of Achmea and
Hagia Sophia at ICSID. Further contributions consider the emerging
role of commercial courts, the dejudicialization of international
economic law, dispute settlement in the UK-EU Withdrawal Agreement,
reference mechanisms in dispute resolution clauses, and UNCLOS.
Volume 11 of the EYIEL focuses on rights and obligations of
business entities under international economic law. It deals with
the responsibilities of business entities as well as their special
status in various subfields of international law, including human
rights, corruption, competition law, international investment law,
civil liability and international security law. The contributions
to this volume thus highlight the significance of international law
for the regulation of business entities. In addition, EYIEL 11
addresses recent challenges, developments as well as events in
European and international economic law such as the 2019 elections
to the European Parliament, Brexit and the EU-Mercosur Free Trade
Agreement. A series of essays reviewing new books on international
trade and investment law completes the volume.
Volume 10 of the EYIEL focusses on the relationship between
transnational labour law and international economic law on the
occasion of the 100th anniversary of the International Labour
Organisation (ILO). As one of the oldest UN Agencies, the ILO has
achieved considerable progress with respect to labour rights and
conditions. The contributions to EYIEL Volume 10 assess these
achievements in light of current and future challenges. The ILO's
core instruments and legal documents are analysed and similarly the
impact labour standards have on trade and investment agreements. In
its regional section, EYIEL 10 addresses recent developments in the
US and the EU, including the US' trade policy strategy towards
China as well as the reform of the NAFTA. In its part on
institutions, EYIEL 10 focusses inter alia on the role of the rule
of law in relation to current practices of the International
Monetary Fund and of the WTO's Appellate Body as an international
court. Furthermore, it provides an overview of current cases before
the WTO. Finally, the volume entails a section with review essays
on recently published books in the field of international economic
law and international investment law.
Volume 9 of the EYIEL focusses on natural resources law understood
as a special area of international economic law. In light of
increasing conflicts over access to and the use of natural
resources and of their impact on political, social and
environmental aspects, the contributions of this volume analyse to
which extent international economic law can contribute to the
sustainable exploitation, management and distribution of natural
resources. The volume collects contributions on general principles
of natural resources law, the importance of natural resources for
trade, investment and European economic law as well as analyses of
particular sectors and areas including fracking, timber, space and
deep seabed mining and natural resources in the arctic region. In
its section on regional developments, EYIEL 9 addresses two
regional integration systems which are usually not at the centre of
public interest, but which deserve all the more attention due to
their special relations with Europe: The Eurasian Economic Union
and the Caribbean Community (CARICOM). Further EYIEL sections
address recent WTO and investment case law as well as developments
at the IMF. The volume also contains review essays of important
recent books in international economic law and other aspects of
international law which are connected to international economic
relations. The chapter "Sovereignty, Ownership and Consent in
Natural Resource Contracts: From Concepts to Practice" by Lorenzo
Cotula is open access under a CC BY 4.0 license via
link.springer.com.
The second edition of this book provides students, scholars, and
practitioners of international law with easy access to the key
primary sources in international dispute settlement, allowing users
to focus on engaging with the primary material, rather than trying
to source it. The text has been expanded and updated to reflect
developments in this rapidly changing field. It includes dispute
settlement provisions of treaties adopted since the first edition
(such as the Paris Agreement on Climate Change and the WTO
Multi-Party Interim Appeal Arbitration Agreement) and takes stock
of changes affecting proceedings before investment tribunals, the
European Court of Human Rights, and the International Court of
Justice. A new subject index improves navigation.
This collection of documents brings together a large number of
primary sources on the peaceful settlement of disputes in a usable
and affordable format. The documents included reflect the diverse
techniques of international dispute settlement, as recognised in
Articles 2(3) and 33 of the UN Charter, such as negotiation,
mediation, arbitration and adjudication. The book comprises the
most relevant multilateral treaties establishing dispute settlement
regimes, as well as examples of special agreements, compromissory
clauses, optional clause declarations and relevant resolutions of
international organisations. It covers both diplomatic and
adjudicative methods of dispute settlement and follows a basic
division between general dispute settlement mechanisms, and
sectoral regimes in fields such as human rights, WTO law,
investment, law of the sea, environmental law and arms control. The
book is the first widely-available collection of key documents on
dispute settlement. It is aimed at teachers, students and
practitioners of international law and related disciplines.
This book traces the impact that the International Court of Justice
(ICJ), the principal judicial organ of the United Nations, has had
on various areas of international law. A number of prominent
international experts examine whether, and to what extent,
international law has been shaped by the Court's jurisprudence. The
informal development of international law through the Court's
judgments contrasts with the development of international law
through more deliberate means, such as treaty-making. Assessing key
areas of international law over which the ICJ has exercised its
jurisdiction, such as international environmental law,
international human rights, the law of the sea, and the law of
immunities, this book comprehensively details the impact of
international jurisprudence on contemporary international law.
Continuing the work started by Sir Hersch Lauterpacht's influential
book The Development of International Law by the Permanent Court of
International Justice, this book provides key new insights into the
role of the Court in wider international law. It makes required
reading for anyone studying the ways in which international courts
have in shaped the evolution of international law.
The concept of obligations erga omnes - obligations to the
international community as a whole - has fascinated international
lawyers for decades, yet its precise implications remain unclear.
This book assesses how this concept affects the enforcement of
international law. It shows that all States are entitled to invoke
obligations erga omnes in proceedings before the International
Court of Justice, and to take countermeasures in response to
serious erga omnes breaches. In addition, it suggests ways of
identifying obligations that qualify as erga omnes. In order to
sustain these results, the book conducts a thorough examination of
international practice and jurisprudence as well as the recent work
of the UN International Law Commission in the field of State
responsibility. By so doing, it demonstrates that the erga omnes
concept is solidly grounded in modern international law, and
clarifies one of the central aspects of the international regime of
law enforcement.
The concept of obligations erga omnes - obligations to the
international community as a whole - has fascinated international
lawyers for decades, yet its precise implications remain unclear.
This book assesses how this concept affects the enforcement of
international law. It shows that all States are entitled to invoke
obligations erga omnes in proceedings before the International
Court of Justice, and to take countermeasures in response to
serious erga omnes breaches. In addition, it suggests ways of
identifying obligations that qualify as erga omnes. In order to
sustain these results, the book conducts a thorough examination of
international practice and jurisprudence as well as the recent work
of the UN International Law Commission in the field of State
responsibility. By so doing, it demonstrates that the erga omnes
concept is now solidly grounded in modern international law, and
clarifies one of the central aspects of the international regime of
law enforcement.
International economic law is one of the crucial branches of
international law, and of major importance both practically and
conceptually. This document collection brings together all of the
most important treaties, regulations, and other documents in this
area. It presents the key documents of contemporary international
economic law in one single volume, so to provide students as well
as practitioners with an accessible reference guide. The book will
feature a brief introduction, providing readers with a 'roadmap'
through what is perceived by many as the maze of international
economic law. The collection brings together documents relating to
the three main pillars of international economic law, namely world
trade law, international monetary law, and international investment
law. These are preceded by texts of a more general character,
notably issued by the United Nations and clarifying the parameters
of international economic relations. This broad focus enables
readers to view international economic law in its breadth and to
avoid the pitfalls of a 'compartmentalised' approach, which
exclusively focuses on, for example, WTO law or investment law
without appreciating their interrelation. By bringing together key
texts of all three branches, the book should be invaluable to
students taking general courses of international economic law as
well as more specialised courses such as WTO law or investment law.
International Investment Law (IIL) is a highly specialized
discipline, but does not exist in a legal vacuum. It is created,
applied and interpreted in a context of general, legal concepts,
including the law of treaties, State responsibility, diplomatic
protection and State immunity. The contributions to this volume
assess the interrelation between IIL and these areas of general
international law. They provide evidence of IIL opting out of the
general framework, but also of integration and cross-fertilisation.
Taken together, they illustrate the varied interactions between
general international law and one of its most dynamic sub-areas.
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