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Global Public Interest in International Investment Law
  • Language: en
  • Pages: 412

Global Public Interest in International Investment Law

  • Categories: Law

Outlines a general theory of whether and how to include public interest concerns in the realm of international investment law.

Reassertion of Control over the Investment Treaty Regime
  • Language: en
  • Pages: 411

Reassertion of Control over the Investment Treaty Regime

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.

Custom and Its Interpretation in International Investment Law: Volume 2
  • Language: en
  • Pages: 434

Custom and Its Interpretation in International Investment Law: Volume 2

  • Categories: Law
  • Type: Book
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  • Published: 2024-01-10
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  • Publisher: Unknown

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

General International Law in International Investment Law
  • Language: en
  • Pages: 737

General International Law in International Investment Law

  • Categories: Law

General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail wit...

The Engagement of Domestic Courts with International Law
  • Language: en
  • Pages: 465

The Engagement of Domestic Courts with International Law

  • Categories: Law

The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.

Custom and its Interpretation in International Investment Law: Volume 2
  • Language: en
  • Pages: 433

Custom and its Interpretation in International Investment Law: Volume 2

  • Categories: Law

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Ambiguity in EU Law
  • Language: en
  • Pages: 187

Ambiguity in EU Law

  • Categories: Law

Ambiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This...

International Investment Law and History
  • Language: en
  • Pages: 397

International Investment Law and History

  • Categories: Law

Historiographical approaches in 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 methods in historical research can lead to a better understanding of international investment law.

Rethinking Investment Law
  • Language: en
  • Pages: 273

Rethinking Investment Law

There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more...

International Law and Universality
  • Language: en
  • Pages: 353

International Law and Universality

  • Categories: Law

This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and impos...