Yearbook of the United Nations, Volume 42 (1988)

Yearbook of the United Nations, Volume 42 (1988)
Author: United Nations
Publisher: Martinus Nijhoff Publishers
Total Pages: 1108
Release: 2023-11-27
Genre: Law
ISBN: 9004636749

Issued annually since 1946/47, the Yearbook is the principal reference work of the United Nations, providing a comprehensive, one-volume account of the Organization's work. It includes details of United Nations activities concerning trade, industrial development, natural resources, food, science and technology, social development, population, environment, human settlement, children and legal questions, along with information on the work of each specialized agency in the United Nations family.

The Max Planck Encyclopedia of Public International Law

The Max Planck Encyclopedia of Public International Law
Author: Rudiger Wolfrum
Publisher: Oxford University Press, USA
Total Pages: 1115
Release: 2013-03-28
Genre: Law
ISBN: 0199657912

This index to the definitive reference work on international law contains detailed references to over 1,600 articles covering the full history and breadth of public international law, as well as other information to facilitate its use, such as tables and citation lists.

The International Minimum Standard and Fair and Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment
Author: Martins Paparinskis
Publisher: OUP Oxford
Total Pages: 318
Release: 2013-01-31
Genre: Law
ISBN: 0191640239

Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Good Faith and International Economic Law

Good Faith and International Economic Law
Author: Andrew D. Mitchell
Publisher: OUP Oxford
Total Pages: 225
Release: 2015-05-21
Genre: Law
ISBN: 0191060356

The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is rapidly accumulating each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.