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Interpretation of International Investment Treaties
  • Language: en
  • Pages: 423

Interpretation of International Investment Treaties

  • Categories: Law

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natura...

The changing rules on the use of force in international law
  • Language: en
  • Pages: 404

The changing rules on the use of force in international law

  • Categories: Law

Now available as an eBook for the first time, this 2006 book from the Melland Schill series considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.

International Law as a Profession
  • Language: en
  • Pages: 471

International Law as a Profession

  • Categories: Law

This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.

International Investment Law. The Sources of Rights and Obligations
  • Language: en
  • Pages: 364

International Investment Law. The Sources of Rights and Obligations

  • Categories: Law

Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.

Foreign Investment in the Energy Sector
  • Language: en
  • Pages: 312

Foreign Investment in the Energy Sector

Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.

Public Participation and Foreign Investment Law
  • Language: en
  • Pages: 462

Public Participation and Foreign Investment Law

  • Categories: Law
  • Type: Book
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  • Published: 2021-02-01
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  • Publisher: BRILL

Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.

International Investment Law
  • Language: en
  • Pages: 337

International Investment Law

  • Type: Book
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  • Published: 2012
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  • Publisher: Unknown

Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.

The Use of Force in International Law
  • Language: en
  • Pages: 709

The Use of Force in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2017-07-05
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  • Publisher: Routledge

This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

The Future of Investor-State Dispute Settlement
  • Language: en
  • Pages: 255

The Future of Investor-State Dispute Settlement

  • Categories: Law

What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo a...

International Investment Law and Legal Theory
  • Language: en
  • Pages: 391

International Investment Law and Legal Theory

  • Categories: Law

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.