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This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.
The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law ...
This book brings together leading scholars to consider the legal impact of the precedent set by Kosovo’s 2008 declaration of independence and its consequences for statehood, self-determination and minority rights.
This addition to the Elements of International Law series explores how business and human rights law has transformed international law.
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.