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Author : Kenneth Aaron Rodman
Publisher :
ISBN 13 :
Total Pages : 1290 pages
Book Rating : 4.:/5 (111 download)
Download or read book Permanent Sanctity Versus Permanent Sovereignty written by Kenneth Aaron Rodman and published by . This book was released on 1983 with total page 1290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sangwani Patrick Ng'ambi
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Permanent Sovereignty Over Natural Resources and the Sanctity of Contracts, From the Angle of Lucrum Cessans written by Sangwani Patrick Ng'ambi and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this article is to discuss the principle of permanent sovereignty in light of compensation to foreign investors in the event of expropriation. I intend to show that while permanent sovereignty is a legitimate concept under international law, it can be surrendered by host states through concessions. Once this happens, the sanctity of contracts becomes overriding policy. If a state breaches its contract with a foreign investor, there are consequences. This is particularly reflected in the fact that not only does the state have to pay compensation to the investor, the award for compensation may also include the payment of lost future profits or lucrum cessans. The next section discusses permanent sovereignty and the sanctity of contracts including relevant case law. The third section will discuss compensation standards and will incorporate a discussion of lucrum cessans. The fourth section will consist of a conclusion.
Author : Kenneth Aaron Rodman
Publisher : Columbia University Press
ISBN 13 : 9780231064484
Total Pages : 436 pages
Book Rating : 4.0/5 (644 download)
Download or read book Sanctity Versus Sovereignty written by Kenneth Aaron Rodman and published by Columbia University Press. This book was released on 1988 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers.
Author : Marc Bungenberg
Publisher : Springer
ISBN 13 : 3319157388
Total Pages : 234 pages
Book Rating : 4.3/5 (191 download)
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Author : Bruce McKern
Publisher : Taylor & Francis
ISBN 13 : 9780415085434
Total Pages : 394 pages
Book Rating : 4.0/5 (854 download)
Download or read book Transnational Corporations and the Exploitation of Natural Resources written by Bruce McKern and published by Taylor & Francis. This book was released on 1993 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrea Mensi
Publisher : BRILL
ISBN 13 : 9004523995
Total Pages : 347 pages
Book Rating : 4.0/5 (45 download)
Download or read book Indigenous Peoples, Natural Resources and Permanent Sovereignty written by Andrea Mensi and published by BRILL. This book was released on 2022-12-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Author : Thomas Walde
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041109137
Total Pages : 732 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Energy Charter Treaty:An East-West Gateway for Investment and Trade written by Thomas Walde and published by Kluwer Law International B.V.. This book was released on 1996-07-25 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.
Author : Umut Özsu
Publisher : Cambridge University Press
ISBN 13 : 1108649009
Total Pages : 353 pages
Book Rating : 4.1/5 (86 download)
Download or read book Completing Humanity written by Umut Özsu and published by Cambridge University Press. This book was released on 2023-11-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.
Author : Kamal Hossain
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.F/5 ( download)
Download or read book Permanent Sovereignty Over Natural Resources in International Law written by Kamal Hossain and published by . This book was released on 1984 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carol Chi Ngang
Publisher : Taylor & Francis
ISBN 13 : 1000433730
Total Pages : 329 pages
Book Rating : 4.0/5 (4 download)
Download or read book Natural Resource Sovereignty and the Right to Development in Africa written by Carol Chi Ngang and published by Taylor & Francis. This book was released on 2021-08-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
Author : Ivar Alvik
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316220
Total Pages : 346 pages
Book Rating : 4.8/5 (473 download)
Download or read book Contracting with Sovereignty written by Ivar Alvik and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Author : Surya P Subedi
Publisher : Bloomsbury Publishing
ISBN 13 : 150990302X
Total Pages : 339 pages
Book Rating : 4.5/5 (99 download)
Download or read book International Investment Law written by Surya P Subedi and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.
Author : Obed Y. Asamoah
Publisher : Springer
ISBN 13 : 9401194955
Total Pages : 288 pages
Book Rating : 4.4/5 (11 download)
Download or read book The Legal Significance of the Declarations of the General Assembly of the United Nations written by Obed Y. Asamoah and published by Springer. This book was released on 2012-12-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.
Author : Stanislava Nedeva
Publisher : Edward Elgar Publishing
ISBN 13 : 1035308304
Total Pages : 289 pages
Book Rating : 4.0/5 (353 download)
Download or read book Predictability in Oil and Gas Investment Agreements written by Stanislava Nedeva and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.
Author : Sangwani Patrick Ng’ambi
Publisher : Routledge
ISBN 13 : 1317360141
Total Pages : 202 pages
Book Rating : 4.3/5 (173 download)
Download or read book Resource Nationalism in International Investment Law written by Sangwani Patrick Ng’ambi and published by Routledge. This book was released on 2015-11-06 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.
Author : Christopher R. W. Dietrich
Publisher : Cambridge University Press
ISBN 13 : 1107168619
Total Pages : 371 pages
Book Rating : 4.1/5 (71 download)
Download or read book Oil Revolution written by Christopher R. W. Dietrich and published by Cambridge University Press. This book was released on 2017-06-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oil Revolution chronicles the rise and fall of anti-colonial oil elites who forged a new international culture of economic dissent from the 1950s to the 1970s.
Author : Rahmi Kopar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938400
Total Pages : 235 pages
Book Rating : 4.5/5 (99 download)
Download or read book Stability and Legitimate Expectations in International Energy Investments written by Rahmi Kopar and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
