The Financial Obligation In International Law
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The Financial Obligation In International Law
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Author : Rutsel Silvestre J Martha
language : en
Publisher: Oxford University Press
Release Date : 2015-03-19
The Financial Obligation In International Law written by Rutsel Silvestre J Martha 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 2015-03-19 with Law categories.
This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligation (e.g. loans and grants) but include secondary obligation resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financial transactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors (including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations. Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligation.
International Financial Institutions And International Law
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Author : Daniel D. Bradlow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-09-24
International Financial Institutions And International Law written by Daniel D. Bradlow 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 2010-09-24 with Law categories.
Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: • IFIs’ impact on economic policies in Member States; • IFI operations as private financial transactions; • IFIs as key players in the creation of international law; • IFIs as promoters of the international capitalist system; • IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; • consequences of an IFI’s breach of its own internal policies or directives; • IFI immunity; • IFI capacity to sue and to be sued in national courts; • ability of various claimants to sue IFIs in domestic courts; • environmental and social rights and interests of third parties affected by IFI financing; • right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and • IFIs’ treatment of workers’ rights.
Conflict Of Laws And International Finance
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Conflict Of Laws And International Finance written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
Human Rights Obligations Of The World Bank And The Imf
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Author : Sigrun Skogly
language : en
Publisher: Routledge
Release Date : 2012-11-12
Human Rights Obligations Of The World Bank And The Imf written by Sigrun Skogly and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-12 with Law categories.
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
The Law And Regulation Of International Finance
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Author : Ravi C. Tennekoon
language : en
Publisher: Butterworth-Heinemann
Release Date : 1991
The Law And Regulation Of International Finance written by Ravi C. Tennekoon and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Banks and banking, International categories.
Intended for solicitors in commercial practice, in-house counsel of banks and other financial institutions, merchant and investment bankers, and post-graduate students, this book considers the legal aspects of the principal financial and loan instruments of international finance - their construction, marketing and administration. The analysis includes coverage of the Financial Services Act 1986, the Contracts (Applicable Law) Act 1990 (the EC Rome Convention) and the new United States Regulation 5.
Judicial Enforcement Of International Debt Obligations
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Author : David M. Sassoon
language : en
Publisher: University Press of Amer
Release Date : 1987
Judicial Enforcement Of International Debt Obligations written by David M. Sassoon and has been published by University Press of Amer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business & Economics categories.
This volume addresses the legal issues that are likely to be most significant in any judicial action to enforce a debt obligation. The first half of the book discusses procedural issues, including forum selection and governing law, serving process outside the forum, enforcement of judgements, and sovereign immunity. The second half of the book focuses on the defenses most likely to be raised by defendant debtors in a judicial action, such as the act-of-state doctrine, comity, and force majuere; defenses arising under the IMF Articles of Agreement; and defenses that arise under the debtor's own law. Throughout, the book's central focus is on American law, particularly New York law because many loan agreements stipulate that New York law is the governing law in the event of litigation.
International Investment Law
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Author : Tarcisio Gazzini
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22
International Investment Law written by Tarcisio Gazzini 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 2012-08-22 with Law categories.
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Sovereign Immunity Under Pressure
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Author : Régis Bismuth
language : en
Publisher: Springer Nature
Release Date : 2022-01-19
Sovereign Immunity Under Pressure written by Régis Bismuth and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-19 with Law categories.
This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
The World Bank Legal Review
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Author : Hassane Cissé
language : en
Publisher: World Bank Publications
Release Date : 2011-11-04
The World Bank Legal Review written by Hassane Cissé and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-04 with Law categories.
This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.
Corporate Obligations Under International Law
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Author : Markos Karavias
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
Corporate Obligations Under International Law written by Markos Karavias and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.