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Latin America has been a complex laboratory for the development of
international investment law. While some governments and non-state
actors have remained true to the Latin American tradition of
resistance towards the international investment law regime, other
governments and actors have sought to accommodate said regime in
the region. Consequently, a profusion of theories and doctrines,
too often embedded in clashing narratives, has emerged. In Latin
America, the practice of international investment law is the vivid
amalgamation of the practice of governments sometimes resisting and
sometimes welcoming mainstream approaches; the practice of lawyers
assisting foreign investors from outside and within the region; and
the practice of civil society, indigenous peoples and other actors
in their struggle for human rights and sustainable development.
Latin America and international investment law describes the
complex roles that governments have played vis-a-vis foreign
investors and investments; the refreshing but clashing forces that
international organizations, corporations, civil society, and
indigenous peoples have brought to the field; and the contribution
that Latin America has made to the development of the theory and
practice of international investment law, notably in fields in
which the Latin American experience has been traumatic: human
rights and sustainable development. Latin American scholars have
been contributing to the theory of international investment law for
over a century; resting on the shoulders of true giants, this
volume aims at pushing this contribution a little further. -- .
The United Nations Security Council has primary responsibility for
maintaining international peace and security. In discharging its
powers it must act in accordance with the Purposes and Principles
of the UN, and observe the rules governing voting and procedure
established in the Organisation's Charter. The Council adopts
mandatory resolutions that may establish obligations for members
and non-members, and such obligations trump conflicting obligations
originating from any other international agreement. Member States
must cooperate with the Organisation and among themselves, in the
implementation of any action prescribed by the Council against
States whose behaviour the Council considers an act of aggression,
or a threat to, or breach of, international peace and security.
This book analyses resistance to Security Council resolutions and
puts forward a theory of lawful resistance. Sufyan Droubi takes a
positivist approach to the UN Charter regarding it as a
constitution. Special emphasis is placed on the construction of the
Charter's meaning through the practice of both organs and Members
of the UN and on the need to enhance the effectiveness of the
Organization with due respect to the rule of law. The book proposes
that nonviolent resistance to a mandatory resolution of the
Security Council, on grounds that the latter is incompatible with
the Charter or jus cogens norms, may be considered lawful under the
Charter if some elements are present. In exploring a number of case
studies of individual and collective State resistance to mandatory
Council resolutions, the book proposes that resistance may function
as a rudimentary instrument of accountability and protection of the
Charter and jus cogens, in the absence of more mature mechanisms of
judicial review. The book will be of excellent use and interest to
scholars and students of constitutional international law and
international relations.
The United Nations Security Council has primary responsibility for
maintaining international peace and security. In discharging its
powers it must act in accordance with the Purposes and Principles
of the UN, and observe the rules governing voting and procedure
established in the Organisation's Charter. The Council adopts
mandatory resolutions that may establish obligations for members
and non-members, and such obligations trump conflicting obligations
originating from any other international agreement. Member States
must cooperate with the Organisation and among themselves, in the
implementation of any action prescribed by the Council against
States whose behaviour the Council considers an act of aggression,
or a threat to, or breach of, international peace and security.
This book analyses resistance to Security Council resolutions and
puts forward a theory of lawful resistance. Sufyan Droubi takes a
positivist approach to the UN Charter regarding it as a
constitution. Special emphasis is placed on the construction of the
Charter's meaning through the practice of both organs and Members
of the UN and on the need to enhance the effectiveness of the
Organization with due respect to the rule of law. The book proposes
that nonviolent resistance to a mandatory resolution of the
Security Council, on grounds that the latter is incompatible with
the Charter or jus cogens norms, may be considered lawful under the
Charter if some elements are present. In exploring a number of case
studies of individual and collective State resistance to mandatory
Council resolutions, the book proposes that resistance may function
as a rudimentary instrument of accountability and protection of the
Charter and jus cogens, in the absence of more mature mechanisms of
judicial review. The book will be of excellent use and interest to
scholars and students of constitutional international law and
international relations.
This volume offers new practical and theoretical perspectives on
one of the most complex questions regarding the formation of
international law, namely that actors other than states contribute
to the making of customary international law. Notwithstanding the
International Law Commission's valuable contribution, the making of
customary international law remains riddled with acute practical
and theoretical controversies that continue to be intensively
debated. Making extensive reference to the case-law of
international law courts and tribunals, as well as the most recent
scholarly work on customary international law, this volume provides
a comprehensive study of the contribution of international
organisations and non-state actors to the formation of customary
international law. With innovative tools and guidance for law
students, legal scholars, and researchers in law, as well as legal
practitioners, advisers, judges, arbitrators, and counsels, this
collection is essential reading for those wishing to understand and
address contemporary questions of international law-making. -- .
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