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When Environmental Protection and Human Rights Collide
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Repetition and International Law
An exploration of the dialectical role of repetition in international law, building on insights from philosophy, sociology, theatre and film.
WTO Dispute Settlement and the TRIPS Agreement
Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO.
Adjudicating Trade and Investment Disputes
A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.
International Law-Making by the International Court of Justice and International Law Commission
Provides an unparalleled account of the relationship between two central organs of the international legal order and its impact.
Research Handbook on International Procedural Law
This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.
Improving International Investment Agreements
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague II...
Drones and International Law
The technological characteristics of drones, together with the law, have been instrumental in expanding warfare in time and space in the counter-terrorism context.
Making the World Safe for Investment
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
The Analogy between States and International Organizations
Discusses how an analogy between States and international organizations has influenced the development of international law.
