Suchergebnisse

Abstract
Given the breadth of topics in the Articles on State Responsibility, the guidance on interest contained in Article 38 could be easily overlooked. Yet discussions on this subject featured prominently in the work of the International Law Commission (ILC) spanning nearly four decades. Article 38 is also intrinsically relevant to international investment arbitration where the coveted remedy is monetary damages. Despite this, investment arbitration practitioners only make passing reference to Article 38 without fully appreciating the history of the ILCs discussions that inform the application of this provision. Facially, Article 38 seems to provide little direction and broadly defers to the discretion of arbitral tribunals on critical issues. On closer examination, however, the final text of Article 38 itself and its Commentary as well as the ILCs preparatory works provide rich insights for those engaged in interest determinations in investment arbitration. This essay analyzes the treatment of Article 38 by investment arbitration tribunals in conjunction with the ILCs discussions on this article and documents a number of areas where divergences between arbitral awards and the ILC Articles and Commentaries have emerged over time.

pt. 1. 1952-1955 : human rights NGOs, world politics, and international law -- pt. 2. 1956-1963 : liberal idealists for the rule of law -- pt. 3. 1963-1970 : NGO pioneers for international human rights -- pt. 4. 1970-1990 : elite advocates for economic and social justice -- pt. 5. 1990-1993 : third world leadership for a new order

While possibilities appear good in the Russian region of Kaliningrad for dissolution of the old east-west division, nowhere is the difference between Western Europe & European Russia more obvious. Kaliningrad can be described as manifesting a complex conflict syndrome characterized by internal & external security, social, identity, criminal, environmental, & cultural factors. The region is a key point of discussion for questions about the potential success of the European integration process. Against this backdrop, a diverse professional & national group of experts was gathered to develop this policy paper. Numerous recommendations include conceptual application of policies as well as practical concrete measures to be taken by the EU, Russian, & other governmental & nongovernmental entities. The paper suggests that taboos & special interests must be overcome, consensus must be developed, & scientific disengagement must be avoided in order to establish Kaliningrad as a "pilot region" for an EU & Russia relationship. L. Kehl