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Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.
This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
This historiography demonstrates how theorists have rationalized killing the innocent in war. It shows how moral arguments about killing the innocent respond to material conditions, and it explains how we have arrived at the post-World War II convention.
A comprehensive analysis of the continued, structural importance of reciprocity in contemporary public international law.
This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.
A clear and accessible study of the principle of internal self-determination in international law.
Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.