Suchergebnisse

The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes "in conformity with the principles of justice and international law." This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The "sovereign equality of states" underlying the "international law of coexistence" as well as the "international law of intergovernmental cooperation" must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern "international integration law" and the increasing number of "international constitutional rules" promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and "legal pluralism" but also of constitutionally limited decision-making processes and struggles for human rights.

Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in practice. Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years, states have been trying to clarify the relationship between regulatory freedom and indirect expropriation by revisiting provisions relating to indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals, as well as of other international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organization (WTO) and European Court of Human Rights.

The Thirty-third Conference of the International Law Association will open on Monday, September 8, 1924, at Stockholm. The subjects for discussion will include the proposed statute of a Permanent International Criminal Court and reports of the Committees on General Average, Foreign Judgments, Systems of Evidence, Codification, Nationality, Commercial Arbitration, Neutrality, and Aviation.

Abstract
The normally challenging task of teaching international law is amplified when teaching international law in jurisdictions that face ongoing human rights problems and other failures of compliance with international law. In those jurisdictions, the dialectics between the globalized world economy and technology on the one hand and the intensification of hostility to human rights and substantive democracies (ie to the values of public international law) on the other hand are much more pronounced. Students will often resist international law and regard it as the 'enemy of the state' or a source of illegitimate foreign influence. The challenge of international law teachers in those jurisdictions is thus not only to teach international law but also to draw the students into – rather than alienate them from – thinking about their resistance to international law and about the relations between law, power and legitimacy. How to meet this and related challenges is the focus of this paper, which is based on the authors' practical experiences of teaching international law in several jurisdictions with an international law crisis including Hong Kong, Israel, and the People's Republic of China.

International audience ; This article is part of the ongoing efforts to write a critical history of international arbitration in commercial and investment matters. It examines the ways in which the Spanish crown and its concessionaries set up a mechanism to settle legal disputes pertaining to the transatlantic slave trade. The transformation of asientos de negros from limited royal contracts to large-scale monopolies awarded to foreign chartered companies during the sixteenth, seventeenth and early eighteenth centuries was accompanied by the creation of an international commercial arbitration system. Why was this system set up, how did it work, and what was its faith? The overall aim of the article is to invite international lawyers to rethink the history ofinternational arbitration and pay closer attention to the 'private' dimensions of formal and informal imperialism. It also attempts to bridge the historical investigation and contemporary commentary. In the conclusion, I argue that this study allows us, in a mirroring effect, to question the idea that today's dispute settlement mechanism was conceived as a means to 'depoliticize' international investment law. What the introduction of arbitration achieves is to place some fundamental questions out of sight. Today, as in the past, arbitrators work from within the system; their work rests on a series of unspoken – and yet highly political – premises about the organization of economic life and the distribution of values.