The Function of Law in the International Community

The Function of Law in the International Community
Author: Hersch Lauterpacht
Publisher: OUP Oxford
Total Pages: 1759
Release: 2011-07-14
Genre: Law
ISBN: 0191018465

The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Denial of Justice in International Law

Denial of Justice in International Law
Author: Jan Paulsson
Publisher: Cambridge University Press
Total Pages: 307
Release: 2005-10-06
Genre: Law
ISBN: 1139448285

Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

Investment Law within International Law

Investment Law within International Law
Author: Freya Baetens
Publisher: Cambridge University Press
Total Pages: 569
Release: 2013-08-01
Genre: Law
ISBN: 1107434912

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.

International Arbitration from Athens to Locarno

International Arbitration from Athens to Locarno
Author: Jackson H. Ralston
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 434
Release: 2004
Genre: Arbitration, International
ISBN: 1584773960

Written from the perspective of a professional, this study is notable for its deep understanding of history and the nature of international arbitration. Originally published: Stanford University Press, 1929. xvi, 417 pp. The book is divided into five parts. Part I: General Principles of Judicial Settlement between Nations. Part II: Influences working toward Judicial Settlement. Part III: History of Arbitral Tribunals. Part IV: Hague Peace Conferences and their Results. Part V: The Permanent Court of International Justice. "The field of international arbitration, either in its historical or in its analytical aspects, is rather broad. To deal thoroughly with either of them is a serious task; to undertake both at once-to line up, within the limits of a volume of some 400 odd pages, the substantive and procedural rules governing the judicial settlements between nations, as well as to point out the historical growth of these rules, together with the influences, political, social and ethical, under which this growth took place-to accomplish this satisfactorily is almost inconceivable. That the author nevertheless has succeeded in producing a work which gives the reader the great contours of the history of international arbitration and makes him slightly acquainted with the innumerable problems connected with its development, speaks for the high ability of Judge Ralston and should certainly be acknowledged as an accomplishment."-- Francis Deák, 29 Columbia Law Review (1929) 1173 JACKSON H. RALSTON [1857-1945] was an American diplomat and scholar of international law. He lectured at Stanford University from 1929-1933 and represented the United States as agent and counsel in the first dispute submitted to the Permanent Court of Arbitration at The Hague under the Hague Convention of 1899. He secured a significant victory and large financial award in the Pious Fund case. Settlement of this dispute gave authority to The Hague's new court for international dispute resolution, with Ralston's victory clearly establishing his reputation. He was the author of The Law and Procedure of International Tribunals (1926) and A Quest for International Order (1941). The Jackson H. Ralston Prize in International Law was established at Stanford Law School in 1972.

Admissibility of Shareholder Claims Under Investment Treaties

Admissibility of Shareholder Claims Under Investment Treaties
Author: Gabriel Bottini
Publisher:
Total Pages: 335
Release: 2020
Genre:
ISBN: 9781108714730

This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.