Applying Municipal Law In International Disputes
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Applying Municipal Law In International Disputes
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Author : Paul B. Stephan
language : en
Publisher: BRILL
Release Date : 2024-03-04
Applying Municipal Law In International Disputes written by Paul B. Stephan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-04 with Law categories.
The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
Substantive Law In Investment Treaty Arbitration
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Author : Monique Sasson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Substantive Law In Investment Treaty Arbitration written by Monique Sasson and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby, Jr.
language : en
Publisher: Oxford University Press
Release Date : 2017-02-15
General Principles Of Law And International Due Process written by Charles T. Kotuby, Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Trends Of Private International Law
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Author : Pavel Kalenský
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01
Trends Of Private International Law written by Pavel Kalenský and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
to Seeking the answer to the three basic questions of contempo rary private international law, I also deemed it essential to out line to the reader the historical development of the different concepts of this particular branch of law, for without the know ledge of this history it is impossible to understand the contempo rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in spired me to produce the fifth part of this study, which prima rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili ties - in order to underline at the same time its role in private international law and in the law of international trade.
The Function Of Law In The International Community
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Author : Hersch Lauterpacht
language : en
Publisher: OUP Oxford
Release Date : 2011-07-14
The Function Of Law In The International Community written by Hersch Lauterpacht and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.
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.
International Law Essentials
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Author : John Grant
language : en
Publisher: Edinburgh University Press
Release Date : 2014-03-17
International Law Essentials written by John Grant and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-17 with Law categories.
International Law Essentials is an invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of international law and is the ideal text for students who come new to the subject and for those preparing for exams. This book is also an excellent resource for those who need to refresh or update their knowledge. Contents: *Nature and History of International Law *Sources of International Law *International Law and Municipal Law *Subjects of International Law *States: Birth to Death *States: Powers and Authority *State Responsibility *Use of Force *Human Rights *Law of the Sea *Common Spaces *Settlement of International Disputes
General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
The Intersection Of International Law And Domestic Law
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Author : Davíd Thór Björgvinsson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Intersection Of International Law And Domestic Law written by Davíd Thór Björgvinsson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Introduction To International Law
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Author : Marek St. Korowicz
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Introduction To International Law written by Marek St. Korowicz and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Law categories.
This book in its entirety as well as in each of its parts is an outline of the problems under discussion. The subject matter of some eighty sections of the book is extensive; it could, indeed, be presented by ex perts in as many volumes. This study offers an attempt to formulate a synthesis, however difficult, of the vast amount of available material. Unlike the well-known standard Introductions to International Law which deal with all the major fields of international law, this book treats exclusively the present conceptions of that law as expressed in legal literature, international treaties and other agreements, inter national judgements and awards, governmental and diplomatic state ments and the like. Special attention is devoted, in several chapters of the book, to the "teachings of the most highly qualified publicists of the various nations" which are considered by Article 38 paragraph 1 (d) of the Statute of the International Court of Justice as "subsidiary means for the determination ofrules of law. " An endeavor is made to ascertain whether in certain fields of the theory of international law a "Communis opinio doctorum" has either been reached or is in the process of achievement. Some readers may consider that there are too many quotations from writings of publicists; others will certainly feel - as does this writer - that too many outstanding international lawyers have not been included.
The Structure And Process Of International Law
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Author : Ronald St John MacDonald
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1983-10
The Structure And Process Of International Law written by Ronald St John MacDonald and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-10 with Law categories.