Hearings

Hearings
Author: United States. Congress Senate
Publisher:
Total Pages: 3220
Release: 1955
Genre:
ISBN:

International Migration Law

International Migration Law
Author: Richard Plender
Publisher: Martinus Nijhoff Publishers
Total Pages: 634
Release: 1988-04-05
Genre: Political Science
ISBN: 9789024736041

13: The expulsion of aliens.

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.

General Agreement on Tariffs and Trade

General Agreement on Tariffs and Trade
Author: United Nations. Economic and Social Council. Preparatory Committee of the International Conference on Trade and Employment
Publisher:
Total Pages: 766
Release: 1956
Genre: Tariff
ISBN:

The United Nations Convention on Jurisdictional Immunities of States and Their Property

The United Nations Convention on Jurisdictional Immunities of States and Their Property
Author: Roger O'Keefe
Publisher: OUP Oxford
Total Pages: 508
Release: 2013-03-21
Genre: Law
ISBN: 0191632201

State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.