Investor – State Arbitration and Human Rights

Investor – State Arbitration and Human Rights
Author: Filip Balcerzak
Publisher: BRILL
Total Pages: 331
Release: 2017-08-28
Genre: Law
ISBN: 9004339000

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. The work discusses whether, and how, human rights arguments may be presented in the course of arbitral proceedings based on investment treaties. The work identifies three model situations, derived from existing arbitral jurisprudence, which provide the backdrop and methodological tool underpinning the book’s legal analysis. The work considers the perspectives of both host states and investors and analyzes all stages of arbitral proceedings – jurisdiction, admissibility, merits, compensation and costs – to determine the potential impact of human rights on the outcome of proceedings.

Law and Language in the Middle Ages

Law and Language in the Middle Ages
Author:
Publisher: BRILL
Total Pages: 318
Release: 2018-07-10
Genre: History
ISBN: 9004375767

Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.

New Directions in International Economic Law

New Directions in International Economic Law
Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
Total Pages: 612
Release: 2011-08-11
Genre: Law
ISBN: 9004191437

Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.

Fair and Equitable Treatment

Fair and Equitable Treatment
Author: Patrick Dumberry
Publisher: BRILL
Total Pages: 88
Release: 2018-07-17
Genre: Law
ISBN: 9004366121

The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

New Zealand Yearbook of International Law

New Zealand Yearbook of International Law
Author:
Publisher: BRILL
Total Pages: 466
Release: 2020-05-18
Genre: Law
ISBN: 9004423265

The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.

New Directions in International Economic Law

New Directions in International Economic Law
Author: Todd Weiler
Publisher: BRILL
Total Pages: 611
Release: 2011-08-11
Genre: Law
ISBN: 9004191429

This volume is dedicated to the life and work of Prof. Thomas Wälde (†2008), a leading scholar and international lawyer. Contributions reflect the eclectic and multifaceted career of Prof. Wälde, who was an authority on diverse areas such as natural resources law, international dispute settlement, international investment law and economic development. The authors are all leaders in their respective fields of international law, providing timely, critical assessments on the most challenging topics facing the international community. While the thrust of this volume is on international investment law and dispute settlement, contributors also address a wide array of related issues, including lex mercatoria, human rights, corporate social responsibility, and natural resources law. It will appeal to practitioners and academics alike. All royalties from sales of this volume assist in sustaining the Thomas Wälde PhD Scholarship in International Economic Law, at the Centre for Energy, Mineral and Petroleum Law and Policy in Dundee, Scotland.

Investments in Conflict Zones

Investments in Conflict Zones
Author: Tobias Ackermann
Publisher: Nijhoff International Investme
Total Pages: 491
Release: 2020-12-17
Genre: Business & Economics
ISBN: 9789004442801

Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.