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Analogies And Other Regimes Of International Law
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Book Synopsis Analogies and Other Regimes of International Law by : Martins Paparinskis
Download or read book Analogies and Other Regimes of International Law written by Martins Paparinskis and published by . This book was released on 2013 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The starting point of this chapter is that investment law partly borrows and partly diverges from pre-existing regimes of international law, and an interpreter of an investment protection treaty is required to determine the degree of similarity and difference so as to elaborate the ordinary meaning of both particular terms and broader structures. Since investment law may be viewed as a normative progeny of multiple regimes of international law, the interpreter may plausibly rely on different approaches, with importantly different implications for the meaning and operation of particular elements of investment law. The argument will be made in three steps. First, in order to situate investment protection law within the broader international legal order, one might draw upon multiple legal techniques from established legal regimes. The models of direct rights, beneficiary rights, and agency will be suggested as the most plausible, relying on techniques drawn from, respectively, the law of human rights, law of treaties on third parties, and diplomatic protection (section II). A firm position regarding the legally most plausible model will not be taken. Instead, the implications of relying on the techniques of those regimes will be spelled out, applying across different branches of international law. The second step of the argument will apply the different perspectives identified earlier to aspects of interpretation and law-making in investment protection law (section III). Thirdly, certain elements of the law of State responsibility will be considered, again from the three different perspectives identified before (section IV). The concluding section will briefly and tentatively suggest further scope for operation of analogy, particularly regarding the imposition of obligations on investors. The overall thesis is that the conceptual perspective of plausibly different readings of the genealogy of foundational structures of investment law is very important, but needs to be applied with subtlety: sometimes all the perspectives point in the same direction; sometimes they do not; sometimes they do but for very different reasons; and, in any event, a diligent application of such traditional techniques of legal reasoning as interpretation, resolution of conflicts, and analogies is just as important for reaching the right legal result.
Book Synopsis Private Law Sources and Analogies of International Law by : Hersch Lauterpacht
Download or read book Private Law Sources and Analogies of International Law written by Hersch Lauterpacht and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.
Book Synopsis The Analogy between States and International Organizations by : Fernando Lusa Bordin
Download or read book The Analogy between States and International Organizations written by Fernando Lusa Bordin and published by Cambridge University Press. This book was released on 2018-11-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses how an analogy between States and international organizations has influenced the development of international law.
Book Synopsis Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration by :
Download or read book Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration written by and published by . This book was released on 1927 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Book Synopsis Judging at the Interface by : Esmé Shirlow
Download or read book Judging at the Interface written by Esmé Shirlow and published by . This book was released on 2020-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Book Synopsis Analogies in International Investment Law and Arbitration by : Valentina Vadi
Download or read book Analogies in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill
Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law of State Responsibility by : Robert Kolb
Download or read book The International Law of State Responsibility written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.
Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford
Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-05-26 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Book Synopsis Cross-border Water Trade: Legal and Interdisciplinary Perspectives by : Piotr Szwedo
Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-13 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.
Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne
Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Book Synopsis The Limits of International Law by : Jack L. Goldsmith
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
