Suchergebnisse

Arbitration — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Dispute Settlement Mechanism — Dispute between Republic of Malta and Democratic Republic of São Tomé and Príncipe — Award on Jurisdiction and the Merits — Finding that Malta entitled to claim reparation in a further phase of proceedings — Suspension of proceedings — Unsuccessful settlement negotiations — Resumption of proceedings — Malta submitting claim and supplementary claim for reparation — São Tomé not participating in reparation phase of proceedings — Whether São Tomé to pay Malta compensationDamages — Compensation — Quantum — Material damages for lost earnings, value of cargo, payment to secure release of vessel, vessel repairs, classification expenses, administrative expenses, reputational losses — Non-material damages for prosecution and detention of persons — Calculation method — Whether Malta sufficiently substantiating quantum of its claims — Whether Malta establishing causation between its loss and São Tomé's unlawful conduct for each head of claim — Whether Settlement Agreement mitigating any of damages suffered by owner of the Duzgit Integrity — Whether claims under Settlement Agreement distinct from claims brought by Malta at international law under United Nations Convention on the Law of the Sea, 1982 — Whether acts and omissions of the Duzgit Integrity, its Master, owner and Charterer mitigating any of damages claimed by Malta — Costs — Parties normally bearing expenses in equal share — Implementation of normal rule — Interest payable — Practice of international courts and tribunalsSea — Treaties — United Nations Convention on the Law of the Sea, 1982 — Annex VII — UNCLOS Article 49(3) — Archipelagic waters — Sovereignty of coastal State — Arbitration Tribunal finding violation of Article 49(3) by São Tomé — Reparation phase of proceedings — Article 9 of Annex VII to UNCLOS — Whether claims of Malta well-founded in fact and law — Full reparation — Material damages — Non-material damages — Interest — Appropriate damages payable by São Tomé for breach of UNCLOS Article 49(3) — Rights of flag State under UNCLOS — Claims brought by Malta at international law under UNCLOSState responsibility — Law of State responsibility — Articles on the Responsibility of States for Internationally Wrongful Acts 3252001, Article 15 — Detention of the Duzgit Integrity by São Tomé — Point at which detention unlawful — When detention incompatible with United Nations Convention on the Law of the Sea, 1982, Article 49 — Whether São Tomé's breach of Article 49 taking form of composite act — First of actions of composite act — Length of actions not in conformity with international obligation — Whether Malta to be compensated for loss of hire of the Duzgit Integrity during its detention — Full reparation — Interest as element of full reparation recognized in Articles on State Responsibility

"In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe"--

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticised for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-state arbitration

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Dispute Settlement Mechanism — Existence of a dispute — UNCLOS Article 288(1) — Extent of jurisdiction — Whether extending to allegations of breaches of human rightsArbitration — Admissibility — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Standing of flag State to invoke responsibility of coastal State — UNCLOS Article 49(3) — Diplomatic protection — Exhaustion of local remedies — Whether applicant's claims being preponderantly for direct or indirect injury — Effect of settlement agreement between respondent and third party — Requirement to exchange views — UNCLOS Article 283Arbitration — Applicable law — United Nations Convention on the Law of the Sea, 1982 — Part XV and Annex VII — Whether arbitration tribunal empowered to apply international human rights law — UNCLOS Article 293 — Requirement of reasonableness — Necessity and proportionality — UNCLOS Article 300 — Good faith — Abuse of rightsDamages — Compensation — Material damage for lost earnings, value of cargo, payment to secure release of vessel, vessel repairs, classification expenses, administrative expenses, reputational losses — Non-material damage for prosecution and detention of persons — Quantum of compensation deferred — Declaratory judgment — Finding of wrongful conduct — No formal apology requiredEnvironment — Marine pollution — UNCLOS Article 225 — Risk to marine environment — Ship-to-ship transfer of oilSea — Archipelagic waters — UNCLOS Article 49(3) — Sovereignty of coastal State — Right of coastal State to enforce domestic law — Measures must be reasonable — Principles of necessity and proportionality applySea — Arrest and detention of vessel — UNCLOS Article 94 — Right of flag State to notice of arrest and detentionSea — Innocent passage — UNCLOS Article 25(1) — Right of coastal State to prevent non-innocent passage — Inapplicability to vessel not engaged in passage96Sea — Territorial sea — UNCLOS Articles 2(3) and 49(3) — Distinction between enforcement jurisdiction of coastal State in territorial sea and in archipelagic waters

"Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades, the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an 'investment' actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.