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Implementing International Law and Policy

Ralph Wilde

in International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199274321
eISBN:
9780191706486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274321.003.0007
Subject:
Law, Public International Law

This chapter draws on the purposive analysis from the previous chapter to consider how ITA can be understood in terms of a device for implementing certain areas of international public policy and ... More


Dispute Settlement and Fresh Water: Trends, Means, and Practice

Laurence Boisson de Chazournes

in Fresh Water in International Law

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198863427
eISBN:
9780191895845
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863427.003.0007
Subject:
Law, Public International Law

The resolution of disputes related to issues of fresh water scarcity, degradation, and access to water are evident in practice. There is a staggering diversity of institutions with judicial or ... More


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


The Effect of Investment Treaties and of International Investment Law

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199212385
eISBN:
9780191707230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212385.003.0017
Subject:
Law, Public International Law

This chapter explores the effect of investment treaties and international investment law on the law of diplomatic protection. Specifically, it discusses the articles of International Centre for ... More


Lawfare in Dispute Settlement

Congyan Cai

in The Rise of China and International Law: Taking Chinese Exceptionalism Seriously

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190073602
eISBN:
9780190073633
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190073602.003.0007
Subject:
Law, Public International Law

This chapter examines how China resolves international disputes from the unique perspective of lawfare. It reviews the concept of lawfare and then invents a normative framework for analyzing lawfare. ... More


Corporate Obligations under Internationalized Functional Contracts

Markos Karavias

in Corporate Obligations under International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674381
eISBN:
9780191752322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674381.003.0005
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the concept of internationalized functional contracts; international responsibility of the corporation for violating the contract; and the standing of corporations before ... More


Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?

Rüdiger Wolfrum

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0070
Subject:
Law, Public International Law

The existence of community interests is now accepted despite an ongoing discussion about the exact features and the ways and means of their establishment. However, considerable uncertainties remain ... More


The World Trade Organization’s Dispute Settlement Body: Its Extensive but Fragile Authority

Gregory Shaffer, Manfred Elsig, and Sergio Puig

in International Court Authority

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198795582
eISBN:
9780191836909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795582.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses how the authority of the Appellate Body (AB) of the World Trade Organization (WTO) rapidly became extensive. It nonetheless remains fragile given geopolitical shifts that have ... More


Investment Arbitration 1

Arman Sarvarian

in Professional Ethics at the International Bar

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199679461
eISBN:
9780191758522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679461.003.0008
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter scrutinizes the procedure and practice of advocacy in the commercial world of investment arbitration with supplementary reference to the Iran-US Claims Tribunal and commercial ... More


PRIME Finance Arbitration—A Role Model for the Settlement of International Financial Disputes?

Francesco Seatzu

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388660
eISBN:
9780190271886
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388660.003.0002
Subject:
Law, Public International Law

Traditionally, litigation has been a tool for dispute settlement in the international financial sector. The increasing involvement of parties from newly emerged economies and globalization has ... More


The Legal Personality of Individuals in International Claims

Astrid Kjeldgaard-Pedersen

in The International Legal Personality of the Individual

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.003.0004
Subject:
Law, Public International Law

Chapter 4 discusses international claims, that is, claims arising out of injury inflicted upon an individual by a foreign State in violation of international law. Such claims may be enforced either ... More


At What Time Must Jurisdiction Exist?

Christoph Schreuer

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0016
Subject:
Law, Public International Law, Company and Commercial Law

This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of ... More


The Deal with BITs: What the Parties Thought They Would Get, What They Thought They Were Giving Up to Get It, and What They Got

O Thomas Johnson

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0033
Subject:
Law, Public International Law, Company and Commercial Law

This chapter first considers what developing and developed countries thought they were getting, and what they thought they were giving, when they entered into bilateral investment treaties (BITs). It ... More


El Salvador Gold: Toward a Mining Ban

Robin Broad and John Cavanagh

in Ending the Fossil Fuel Era

Published in print:
2015
Published Online:
January 2016
ISBN:
9780262028806
eISBN:
9780262327077
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028806.003.0007
Subject:
Political Science, Environmental Politics

Robin Broad and John Cavanagh demonstrate how one small country, El Salvador, long at the mercy of foreign powers and transnational corporations, has achieved near consensus that gold mining, and the ... More


Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn

Katharina Berner

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0009
Subject:
Law, Public International Law, Environmental and Energy Law

Despite its unbroken attractiveness, the international investment law regime has recently come under pressure to abandon its pre-occupation with investors’ rights and to focus more strongly on ... More


Fresh Water in International Law

Laurence Boisson de Chazournes

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198863427
eISBN:
9780191895845
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863427.001.0001
Subject:
Law, Public International Law

This book, now in its second edition, addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily ... More


Identity and Diversity on the International Bench: Who is the Judge?

Freya Baetens (ed.)

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.001.0001
Subject:
Law, Public International Law, Comparative Law

International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros’ worth of ... More


Challenges to Arbitrators in ICSID Arbitration

James Crawford

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0037
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on arbitrator challenges in International Centre for Settlement of Investment Disputes (ICSID) arbitrations. It considers the requirements of the relevant provisions of the ICSID ... More


Treaty Change, Arbitral Practice and the Search for a Balance: Standards of Review and the Margin of Appreciation in International Investment Law

Erlend M. Leonhardsen

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0008
Subject:
Law, Public International Law, Comparative Law

The chapter analyses the recent shift in States’ practice concerning international investment obligations, arguing that States increasingly seek to create or extend the existing margin of ... More


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