Delegating State Powers The Effect Of Treaty Regimes On Democracy And Sovereignty
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Delegating State Powers The Effect Of Treaty Regimes On Democracy And Sovereignty
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Author : Thomas Franck
language : en
Publisher: BRILL
Release Date : 2021-10-25
Delegating State Powers The Effect Of Treaty Regimes On Democracy And Sovereignty written by Thomas Franck and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
This groundbreaking book deals with problems encountered by the United States in complying with international treaty obligations. It examines the ways in which the American constitutional system sometimes adapts to and sometimes erects barriers against the new system of global solutions to global problems and investigates the resulting challenges on a treaty-by-treaty basis with special attention to such areas as human rights and disarmament. Published under the Transnational Publishers imprint.
State Liability In Investment Treaty Arbitration
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Author : Santiago Montt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-11-30
State Liability In Investment Treaty Arbitration written by Santiago Montt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-30 with Law categories.
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.
Necessity And National Emergency Clauses
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Author : Diane A. Desierto
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-05
Necessity And National Emergency Clauses written by Diane A. Desierto 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 2012-01-05 with Political Science categories.
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors
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Author : Jan Ole Voss
language : en
Publisher: BRILL
Release Date : 2010-12-10
The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors written by Jan Ole Voss and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Law categories.
In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments.
The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties
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Author : Monique Cormier
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-20
The Jurisdiction Of The International Criminal Court Over Nationals Of Non States Parties written by Monique Cormier and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-20 with Law categories.
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
Incentives For Global Public Health
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Author : Thomas Pogge
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-24
Incentives For Global Public Health written by Thomas Pogge and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-24 with Law categories.
This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.
International Law Us Power
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Author : Shirley V. Scott
language : en
Publisher: Cambridge University Press
Release Date : 2012-03-22
International Law Us Power written by Shirley V. Scott and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
Shirley Scott explains how the USA has benefited from continuity in its strategic engagement with international law.
The Globalization Of International Law
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Author : PaulSchiff Berman
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Globalization Of International Law written by PaulSchiff Berman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.
China And The New International Order
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Author : Wang Gungwu
language : en
Publisher: Routledge
Release Date : 2008-01-30
China And The New International Order written by Wang Gungwu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-30 with Political Science categories.
This book explores China's place in the ‘new international order’, from both the international perspective and from the perspective within China. It discusses how far the new international order, as outlined by George Bush in 1991 after the collapse of the Soviet Union and the liberation of Kuwait in the Gulf War, with its notions of ‘international order’, as viewed by the United States, and with the United States seeing itself as the single dominant power, applies to China. The contributors offer the implications, both positive and negative, of China's growing economic power, and the possibility that China will increase its military power. They also examine the idea that the Chinese leadership is being carried along itself by events in China, which it does not fully control, and that other growing forces within China, such as nationalism, increasing social grievances, structural instability, and rivalry between the centre and the regions potentially work against China's growing strength in the international arena. Considering traditional Chinese notions of ‘international’ power, where the world is seen as sino-centric, with neighbouring countries subservient to China in varying degrees, the book argues that this represents a fundamentally different view of the international order, one where the equal sovereignty of every state does not apply, where there is an acknowledged hierarchy of power, and where domestic and international issues are highly interdependent.
Democratic Accountability And The Use Of Force In International Law
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Author : Charlotte Ku
language : en
Publisher: Cambridge University Press
Release Date : 2003-02-13
Democratic Accountability And The Use Of Force In International Law written by Charlotte Ku and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-13 with Fiction categories.
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