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The FET Standard, Part of the Body of General International Law

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0003
Subject:
Law, Public International Law

This chapter enquires whether the FET standard has acquired a customary character, and whether it is a general principle of law. On the first point, it argues that the FET standard is not part of the ... More


Law Enforcement and the Non-Conventional Human Right to Life

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general ... More


Minimum Standards of Procedural Justice in Administrative Adjudication

Giacinto della Cananea

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Due to globalization, States are increasingly affected by external factors, whilst at the same time influencing the behaviour of individuals and firms, including foreign investors. Their decisions ... More


A Reasonable Exercise of Jurisdiction

Cedric Ryngaert

in Jurisdiction in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544714
eISBN:
9780191719943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544714.003.0005
Subject:
Law, Public International Law

The system of international jurisdiction allows for the exercise of concurrent jurisdiction by more than one State. Especially in the field of economic law, this system may yield unsatisfactory ... More


Theoretical Presentation of Modern and Post-Modern Principles

NICOLAS DE SADELEER

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.003.04
Subject:
Law, Environmental and Energy Law

This chapter begins by identifying the various elements that together define modern and post-modern law. It explains how legal principles function within each of these legal models, for both ... More


Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0003
Subject:
Law, Public International Law

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ... More


Sources and Modification of Peremptory Norms

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0006
Subject:
Law, Public International Law

This chapter examines the sources of peremptory norms, and examines which of them can be proper sources of jus cogens. It considers the modification of peremptory norms in terms of the requirements ... More


International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More


Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


The Environment and Armed Conflict: Employing General Principles to Protect the Environment

Kirsten Stefanik

in Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles, and Practices

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198784630
eISBN:
9780191827051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198784630.003.0005
Subject:
Law, Public International Law, Environmental and Energy Law

Armed conflict is inherently destructive of the environment. It can cause serious and irreversible damage and threaten the health and livelihoods of individuals and the planet as a whole. ... More


On the Comparative Foundations of Principles in International Law: The Move towards Rules and Transparency in Fiscal Policy as Examples

Matthias Goldmann

in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.003.0006
Subject:
Law, Company and Commercial Law, Public International Law

This chapter argues that principles in international law have their basis in comparative and analogical reasoning. It provides a taxonomy of principles ranging from general principles of law to soft ... More


Principles Matter: The Legal Status of the Principles on Responsible Sovereign Financing

Juan Pablo Bohoslavsky and Carlos Espósito

in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.003.0004
Subject:
Law, Company and Commercial Law, Public International Law

This chapter considers the role of international law in sovereign financing, a legal area currently underdeveloped. It briefly presents the content and implications of the Principles and analyses ... More


Modified Universalism as Customary International Law

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198782896
eISBN:
9780191826115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198782896.003.0003
Subject:
Law, Company and Commercial Law, Private International Law

This chapter considers how modified universalism may be elevated from a broad approach to a recognized, international legal source that can be invoked and applied in a more concrete and consistent ... More


The Role of the Principle of Good Faith in Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0010
Subject:
Law, Public International Law

As Chapter 9 submits, the (public international law) principle of good faith is key to understanding the distinction between ‘legitimate nationality planning’ and ‘abusive treaty shopping’. Yet, the ... More


Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Carlos Espósito, Yuefen Li, and Juan Pablo Bohoslavsky (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.001.0001
Subject:
Law, Company and Commercial Law, Public International Law

This book provides in-depth analysis of the legal, economic and financial implications of the United Nations Conference on Trade and Development (UNCTAD) Principles on Responsible Sovereign Lending ... More


The Role of the Court of Justice in European Contract Law

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 2 explores the three distinct roles played by the Court of Justice in European contract law. First, there is the Court’s interpretative role by virtue of its interpretation of various ... More


Toward the Global Right to Property

John G Sprankling

in The International Law of Property

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199654543
eISBN:
9780191747946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654543.003.0009
Subject:
Law, Public International Law, Private International Law

This chapter analyzes the extent to which a global right to property may be justified under conventional law, as a general principle of law, and as a norm of customary international law. Two thirds ... More


The Interpretation of Unwritten International Law by Domestic Judges

Peter Staubach

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0007
Subject:
Law, Public International Law

This chapter analyses the ascertainment and interpretation of unwritten international law, ie customary international law and the general principles of law, by domestic courts. These sources are ... More


Trade Usages in ICC Arbitration

Emmanuel Jolivet, Giacomo Marchisio, and Fabien Gélinas

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0010
Subject:
Law, Private International Law, Company and Commercial Law

In this chapter’s analysis of ICC arbitral awards, two different interpretations of usages can be observed—on the one hand, the strict notion of a trade usage as a repeated practice; on the other, a ... More


Caribbean Integration Law

David S. Berry

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199670079
eISBN:
9780191749452
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670079.001.0001
Subject:
Law, Public International Law, Comparative Law

Caribbean Integration Law offers an in depth legal analysis of the two main regional organizations in the Caribbean, the Caribbean Community (CARICOM), and the Organisation of Eastern ... More


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