Author: F. V. García-AmadorPublisher:
ISBN:
Category :
Languages : fr
Pages :
Book Description
Responsabilité de l'état à raison des dommages causés sur son territoire à la personne ou aux biens des étrangers
Author: F. V. García-AmadorDroits de l'investisseur étranger et protection de l'environnement
Author: Sabrina Robert-CuendetPublisher: BRILL
ISBN: 9004187553
Category : Law
Languages : en
Pages : 546
Book Description
En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat. In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors' private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.
Attribution in International Law and Arbitration
Author: Carlo de StefanoPublisher: Oxford University Press
ISBN: 0192583107
Category : Law
Languages : en
Pages : 257
Book Description
Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law. It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed. Of special interest within this context is the responsibility of States when the alleged breach has been committed by separate legal entities, rather than the state itself. Under domestic law, entities such as state-owned enterprises (SOEs) are considered legally distinct, however the State may still be considered responsible for their actions under international law. The book addresses the relevant issues systematically, beginning with direct reference to the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International law Commission (ILC) in 2001. It then elaborates on the specifics of international investment law, based on a detailed examination of practice and case law, whilst giving due consideration to the academic debate. The result is a full, innovative take on one of the most difficult questions in investment arbitration.
The International Legal System in Quest of Equity and Universality
Author: Laurence Boisson de ChazournesPublisher: BRILL
ISBN: 9004479015
Category : Law
Languages : en
Pages : 862
Book Description
Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.
Full Protection and Security in International Investment Law
Author: Sebastián Mantilla BlancoPublisher: Springer Nature
ISBN: 3030248380
Category : Law
Languages : en
Pages : 698
Book Description
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Recueil Des Cours, 1990-III
Author: Académie de droit international de La HayePublisher: Martinus Nijhoff Publishers
ISBN: 9780792313540
Category : Law
Languages : en
Pages : 426
Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arsing from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the "Collected Courses of the Hague Academy of International Law" in the language in which they were delivered. This volume contains: - L'evolution du droit international. Cours general de droit international public, par H. THIERRY, professeur a l'Universite de Paris X-Nanterre. - Development of Diplomatic Law. Selected Problems by S.E. NAHLIK, Professor at the University Jagellone, Cracow. - Soviet Joint Enterprises with Capitalist Firms and Other Joint Ventures between East and West: the Western Point of View by R.H. CARPENTER, Jr., Covington & Burling, Washington, D.C.
Recueil Des Cours, Collected Courses, 1959
Author: Academie De Droit International De La HaPublisher: Martinus Nijhoff Publishers
ISBN: 9789028613324
Category : Law
Languages : en
Pages : 680
Book Description
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
La responsabilité des états en ce qui concerne les dommages causés sur leur territoire à la personne et aux biens d'étrangers...
Author: Jaromir SedláčekLeague of Nations Committee of Experts for the Progressive Codification of International Law (1925-1928)
Author: Shabtai RosennePublisher:
ISBN:
Category : Law
Languages : en
Pages : 488
Book Description
This two-volume set contains the minutes and reports of the Committee. Also included is an introduction on the background and problems of the Committee's work.
Recueil Des Cours, Collected Courses 1938
Author: Academie De Droit International De La HaPublisher: Martinus Nijhoff Publishers
ISBN: 9789028610026
Category : Law
Languages : en
Pages : 728
Book Description