Global Public-Private Partnerships in International Law
In: Asian Journal of International Law, Volume 2, Issue 2, p. 2012
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In: Asian Journal of International Law, Volume 2, Issue 2, p. 2012
SSRN
In: Netherlands international law review: NILR ; international law - conflict of laws, Volume 14, Issue 4, p. 428
ISSN: 1741-6191
In: (Selective Bibliographies of the Library of the Peace Palace 1)
In: Netherlands international law review: NILR ; international law - conflict of laws, Volume 58, Issue 3, p. 461-462
ISSN: 1741-6191
SSRN
In: European journal of international law, Volume 14, Issue 3, p. 569-589
ISSN: 0938-5428
World Affairs Online
In: European journal of international law, Volume 14, Issue 3, p. 569-589
ISSN: 1464-3596
In: European journal of international law, Volume 26, Issue 1, p. 295-300
ISSN: 1464-3596
In: American journal of international law: AJIL, Volume 50, Issue 1, p. 165-166
ISSN: 2161-7953
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Volume 20, Issue 2, p. 201-201
ISSN: 2331-4117
As you know, in public international law there is no hierarchy of sources of law. However, in practice, there are controversial situations when legal relations are subject to legal regulation of various sources of law. This is especially acute in the case of international custom and an international treaty.The purpose of the scientific article is to study the problems of the relationship and interaction of the international treaty and international custom in various aspects of their existence, namely: in aspects of their occurrence, observance and application.The article focuses on the legal analysis of the relationship between the international treaty and international custom in the judicial practice of the International Court of Justice of the United Nations. The analysis is subject, in particular, to the case of the continental shelf of the North Sea (1969), as well as the case of military and paramilitary activities in Nicaragua and against Nicaragua (1986).Based on the analyzed materials, the author of the article came to the conclusion that, firstly, an international treaty may contain customary norms, that have already existed and were in effect even before its conclusion. Secondly, the international treaty may be the last stage in the process of forming the customary norm. And thirdly, an international treaty may propose new legal norms that, due to further practice of subjects of international law, can be the basis for the creation of a new international custom.Moreover, it can be concluded that international customs and international treaties can exist and operate in parallel. However, even if the contractual and customary norm are identical in content, and the subjects of international law who are in disputed legal relations are connected, both by one and the second source of law, then from the point of view of applying these identical norms, they exist independently from each other. ; Як відомо, у міжнародному публічному праві відсутня ієрархія джерел права. Однак в практиці виникають спірні ...
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In: Common Market Law Review, Volume 57, Issue 5, p. 1587-1608
ISSN: 0165-0750
In: Cambridge studies in international and comparative law 90
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.