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Full Protection and Security in International Investment Law
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the c...
The Transfer of Conflict-Related Detainees
Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.
Recent Trends in German and European Constitutional Law
This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006. The articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed. The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.
Investment Law within International Law
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
The Global Tobacco Epidemic and the Law
Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. Written by health and
Division of Power: Continuity and Change
The separation of powers doctrine is undoubtedly one of the key principles of contemporary constitutionalism. Despite this, it has not been framed into a single, homogeneous, and thus universal form. The abundance of approaches and nuances found in legal and political doctrine makes it an extremely labile and meandering concept, which can take on a variety of shapes. Its legislative articulation is by no means uniform, and thus reproducible, either. The separation of powers in constitutional law is therefore expressed in a broad array of formulas, sometimes explicitly, sometimes implicitly. In addition, it can take on a classic, almost model form, or it can be shaped in a significantly alter...
Targeted Killings and International Law
Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.
Interorganrespekt im Verfassungsrecht
English summary: The problem of allocating political power among the various constitutional organs is usually tackled by installation of a system of 'checks and balances'. However, this solution entails the danger of confrontations and stalemates which might easily forestall any possibility of reaching common answers in important political matters. To counteract this danger, a legally founded obligation of the organs involved to mutually respect their competences and to cooperate in the general interest seems indispensable. Ralph Alexander Lorz demonstrates that the existence of such an obligation is implicitly accepted in every constitutional system that is based on the idea of 'checks and ...
The Actors of Postnational Rule-Making
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
