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Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More


IDENTIFY OR DEFINE? REFLECTIONS ON THE EVOLUTION OF THE CONCEPT OF INVESTMENT IN ICSID PRACTICE

Emmanuel Gaillard

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0022
Subject:
Law, Public International Law, Private International Law

This chapter examines two competing methodologies for the assessment of the existence of an investment. It then discusses the factors to be taken into account in the assessment of the existence of an ... More


Legitimate Expectations and Informal Administrative Representations

Hector A. Mairal

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/9780199589104.003.0013
Subject:
Law, Constitutional and Administrative Law, Public International Law

The protection of legitimate expectations arising from government conduct is an important doctrine in some European legal systems and in investment arbitration. This chapter deals with legitimate ... More


Substantive Constitutional Accommodation: Autonomy, Representation and Recognition

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298617
eISBN:
9780191708855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298617.003.0006
Subject:
Law, Public International Law

This chapter addresses the substantive constitutional status of Catalonia, Quebec, and Scotland. It focuses on the ways in which, in all three states, informal constitutional practices and processes ... More


The Process of Constitutional Change in Plurinational States

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298617
eISBN:
9780191708855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298617.003.0005
Subject:
Law, Public International Law

This chapter addresses the processes by which constitutions have recently been amended in plurinational states. It considers the process of constitutional change in terms of two sets of important ... More


The Multilateral Agreement on Investment in Services: Scope and Obligations

David Collins

in The BRIC States and Outward Foreign Direct Investment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652716
eISBN:
9780191746185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652716.003.0006
Subject:
Law, Public International Law, Comparative Law

This chapter reviews the principle obligations of multilateral treaties. It first provides an overview on a proposed Multilateral Agreement on Investment in Services (MAIS). It then outlines the ... More


General Introduction

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0001
Subject:
Law, Public International Law

This introductory chapter discusses the motivations, terminology used, and method and plan of the present study. The study is dedicated to an analysis of the law (or lex causae) applied to the merits ... More


Coordinating Adjudication Processes

M. Waibel

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0017
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the coordination of proceedings within the investment treaty regime. It considers the coordination tasks that arise in international investment law; the interests of investor ... More


Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Hege Elisabeth Kjos

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.001.0001
Subject:
Law, Public International Law

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the ... More


Good Faith Limitations on Protected Investments and Corporate Structuring

Stephan W Schill and Heather L Bray

in Good Faith and International Economic Law

Published in print:
2015
Published Online:
June 2015
ISBN:
9780198739791
eISBN:
9780191802744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739791.003.0005
Subject:
Law, Public International Law, Legal Profession and Ethics

On numerous occasions, investment treaty tribunals have relied—and in some cases refused to rely—on the principle of good faith to ensure that only bona fide investments and investors are protected ... More


Applying the Framework—Preliminaries

Jarrod Hepburn

in Domestic Law in International Investment Arbitration

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198785736
eISBN:
9780191827549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785736.003.0006
Subject:
Law, Public International Law

Chapter 5 set out a theoretical framework for use by tribunals when resolving questions of domestic law in investment treaty arbitration. However, in certain cases in which domestic law issues have ... More


Concluding Observations

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0008
Subject:
Law, Public International Law

This chapter summarizes the preceding discussions and offers some final thoughts. It concludes that while the starting point of national and international courts is national or international law, ... More


The Direct Responsibility of Organization Employees, Contractors, and Troop Contingents

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0008
Subject:
Law, Public International Law

Organization employees, experts on mission, contractors, and troop contingents may have direct responsibility for wrongful acts. This is stressed in the commentary to Article 66 of the Draft Articles ... More


Introductory Note: From Clarifying Nationality and Legality Requirements to More Details on Expropriation Issues and the First ICSID Arbitrator Disqualification—ICSID Arbitration in 2014

August Reinisch

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0036
Subject:
Law, Public International Law

In 2014, the notion of an “investment” as well as the requirements of “nationality” under Article 25 of the ICSID Convention were discussed just like the various aspects of legality requirements for ... More


Introductory Note: From the First Bondholders’ Claim Held to be Outside the Jurisdiction of ICSID to the Legality Requirement for Lawful Expropriations and Various Elements of Fair and Equitable Treatment—ICSID Arbitration in 2015

August Reinisch

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0034
Subject:
Law, Public International Law

In 2015, the jurisprudence of International Centre for Settlement of Investment Disputes (ICSID) tribunals and ad hoc committees largely followed established lines. However, the awards on ... More


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