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A Survey Of Treaty Provisions On The Rule Of Exhaustion Of Local Remedies
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Author :Chittharanjan Felix Amerasinghe Publisher :Cambridge University Press ISBN 13 :9781139450157 Total Pages :488 pages Book Rating :4.4/5 (51 download)
Book Synopsis Local Remedies in International Law by : Chittharanjan Felix Amerasinghe
Download or read book Local Remedies in International Law written by Chittharanjan Felix Amerasinghe and published by Cambridge University Press. This book was released on 2004-01-15 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Book Synopsis International Investment Law by : Marc Bungenberg
Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Book Synopsis Investor-State Arbitration by : Christopher F. Dugan
Download or read book Investor-State Arbitration written by Christopher F. Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
Author :Antônio Augusto Cançado Trindade Publisher :Cambridge [Cambridgeshire] ; New York : Cambridge University Press ISBN 13 :9780521229470 Total Pages :443 pages Book Rating :4.2/5 (294 download)
Book Synopsis The Application of the Rule of Exhaustion of Local Remedies in International Law by : Antônio Augusto Cançado Trindade
Download or read book The Application of the Rule of Exhaustion of Local Remedies in International Law written by Antônio Augusto Cançado Trindade and published by Cambridge [Cambridgeshire] ; New York : Cambridge University Press. This book was released on 1983 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication focuses on the relationship between general international law and the specific legal remedies established by individual treaties.
Book Synopsis INTERNAT COVENANT CIVIL POL RIGHTS 3E C by : Sarah Joseph
Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Book Synopsis Denial of Justice in International Law by : Jan Paulsson
Download or read book Denial of Justice in International Law written by Jan Paulsson and published by Cambridge University Press. This book was released on 2005-10-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Book Synopsis Judicial Acts and Investment Treaty Arbitration by : Berk Demirkol
Download or read book Judicial Acts and Investment Treaty Arbitration written by Berk Demirkol and published by Cambridge University Press. This book was released on 2018-01-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Book Synopsis The Making of International Law by : Alan E. Boyle
Download or read book The Making of International Law written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
Book Synopsis The International Minimum Standard and Fair and Equitable Treatment by : Martins Paparinskis
Download or read book The International Minimum Standard and Fair and Equitable Treatment written by Martins Paparinskis and published by Oxford University Press. This book was released on 2013-01-31 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
Book Synopsis The Rule of Law at the National and International Levels by : Machiko Kanetake
Download or read book The Rule of Law at the National and International Levels written by Machiko Kanetake and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Handbook on the Peaceful Settlement of Disputes Between States by : United Nations. Codification Division
Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law of Investment Claims by : Zachary Douglas
Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.
Book Synopsis The Foundations of International Investment Law by : Zachary Douglas
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by Oxford University Press, USA. This book was released on 2014-02 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
Book Synopsis Resistance and Change in the International Law on Foreign Investment by : M. Sornarajah
Download or read book Resistance and Change in the International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2015-04-16 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Book Synopsis Judging at the Interface by : Esmé Shirlow
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.
Book Synopsis Investment Protection Standards and the Rule of Law by : August Reinisch
Download or read book Investment Protection Standards and the Rule of Law written by August Reinisch and published by Oxford University Press. This book was released on 2023-02-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development
Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
