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Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 16,50 MB
Release : 2018-12-13
Category : Law
ISBN : 1316503070
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author : Panos Merkouris
Publisher : Cambridge University Press
Page : 433 pages
File Size : 10,30 MB
Release : 2023-11-30
Category : Law
ISBN : 1009255452
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Author : Tarcisio Gazzini
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 27,57 MB
Release : 2012-08-22
Category : Law
ISBN : 9004214534
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.
Author : Jean-Marie Henckaerts
Publisher : Cambridge University Press
Page : 610 pages
File Size : 47,46 MB
Release : 2005-03-03
Category : Law
ISBN : 0521808995
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 17,55 MB
Release : 2010-01-11
Category : Law
ISBN : 052119136X
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author : Panos Merkouris
Publisher : Cambridge University Press
Page : 647 pages
File Size : 23,7 MB
Release : 2022-05-26
Category : Law
ISBN : 131651689X
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Curtis A. Bradley
Publisher : Cambridge University Press
Page : 703 pages
File Size : 10,72 MB
Release : 2016-02-15
Category : Law
ISBN : 1316654125
Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.
Author : Cai Congyan
Publisher :
Page : 0 pages
File Size : 11,1 MB
Release : 2010
Category :
ISBN :
International custom is one of the main sources of international law. As a relatively new branch of international law, international investment treaties, emerging in the late 1950s and having been very energetic since the mid-1990s, have become a driving force and an important forum for the formation, application and transformation of the customary international law rules.
Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 28,40 MB
Release : 2018-07-17
Category : Law
ISBN : 9004366121
This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
Author : Mark Eugen Villiger
Publisher : Martinus Nijhoff Publishers
Page : 374 pages
File Size : 47,99 MB
Release : 1997-10-29
Category : Law
ISBN : 9041104585
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.