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Author: Thomas Hale
Publisher: Cambridge University Press
ISBN: 1107083621
Category : Law
Languages : en
Pages : 431
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Book Description
Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.
Author: Thomas Hale
Publisher: Cambridge University Press
ISBN: 1107083621
Category : Law
Languages : en
Pages : 431
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Book Description
Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.
Author: Thomas Hale
Publisher: Cambridge University Press
ISBN: 1316033392
Category : Law
Languages : en
Pages : 431
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Book Description
We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.
Author: Gemma Andreone
Publisher: Springer
ISBN: 3319512749
Category : Law
Languages : en
Pages : 278
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Book Description
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Author: Marton Varju
Publisher: Springer
ISBN: 3030057828
Category : Law
Languages : en
Pages : 347
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Book Description
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Author: Luboš Tichý
Publisher:
ISBN: 9781780689708
Category : Public interest
Languages : en
Pages : 0
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Book Description
This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.
Author: Wolfgang Benedek
Publisher:
ISBN: 9781780682716
Category : Common good
Languages : en
Pages : 0
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Book Description
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors.
Author: Giorgio Sacerdoti
Publisher: Cambridge University Press
ISBN: 1107050235
Category : Law
Languages : en
Pages : 479
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Book Description
Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.
Author: Mark Andrews
Publisher:
ISBN: 9781413409000
Category : Law
Languages : en
Pages : 250
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Book Description
1. This essay builds a single system of legal analysis and so unifies the disparate disciplines of the law. 2. This essay is a search for common ground. There are basic ideas and methods of dispute resolution that are common to, and unify, the many doctrines of law. The purpose is to define the fundamental parts of the concept of property; to identify the methods used to analyze disputes involving competing claims; and to show that these methods apply without regard to the content of the property rights under examination. Although the goal is to build a single system, the goal is not to show that there is exists one overarching concept of property that applies to all persons at all times. 3. Property Defined: A Durable Choice Property is the ability to make a decision that is both reliable and exclusive in relation to a given goal. "Reliable" means the ability to survive foreseeable risk. "Exclusive" means the ability to prevent other people from controlling the same decision. Property begins as someone realizes that she understands the differences within a set of choices and that she is capable of choosing the one which best suits her goals. This realization marks the difference between darkness and light. So long as someone believes that her life is driven by the Fates, the notion of private property does not arise. Indeed, the notion cannot arise, because decisionmaking would be pointless. But once a person begins to weigh risk against opportunity, and discovers it is possible to pick the safest road toward a goal, the individual begins to own something. 4. Property is not necessarily "good." Over the centuries, philosophies of law have aimed at confining private property to that which supports some idea of justice. Under this view, property is the area of activity where the individual can extend himself legitimately or ethically. But property is merely the ability to perform work, and, by itself, it has no more moral character than units of electric current. 5. Property has a universal definition, but its specific content is relative to each time, place, and person. The fact that property is relative does not mean that it does not exist, nor does it mean that it can be redefined, taken, or stolen without consequences. What a society accepts as property directly affects both its economic and noneconomic transactions. 6. Exclusivity performs two important functions. First, it draws the boundary around the combination of legal relations that one person controls. Second, exclusivity defines the area where people in a society will accept the risks and opportunities of one person making a self-interested decision. What characterizes the Western property system, compared to other cultures, is that the individual's area of unfettered activity is much broader and requires each person to accept more risk. Other societies restrict the individual more but share more risk, as well. 7. Reliability can originate by simple agreement between two people. A law, as such, is unneeded. American society has seen the development of such new forms of property as transferable licenses, which become property by virtue of protection by government, and the persistence of such ancient forms as bartering, often protected only by dark of night. 8. Property in its Context: the Social Contract Allocating opportunity and risk requires society to address and resolve four issues. What opportunities may people keep for themselves? What opportunities must be shared with others? When can a person demand help from others? When must a person bear his injuries alone? Every agreement between two people resolves these questions in some way; when applied to society at large, the answers define justice. Private property exists when a person can expect her decision to survive foreseeable risk. The social contract develops in much the same way. There is a cont
Author: Markus P. Beham
Publisher: Routledge
ISBN: 1351579959
Category : Law
Languages : en
Pages : 225
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Book Description
This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.
Author: Yulia Levashova
Publisher: Kluwer Law International B.V.
ISBN: 9403510153
Category : Law
Languages : en
Pages : 278
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Book Description
Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
