Suchergebnisse

From gunboats to BITs : the evolution of modern international investment law / O. Thomas Johnson, Jr. and Jonathan Gimblett -- Report on manufactures (1791)(excerpt) / Alexander Hamilton -- The defence (1795)(Nos. XIII (excerpt), XIV, XV, XVIII, XIX, XX, XXI, XXII, and XXXVI) / Alexander Hamilton -- Third annual message (1903)(excerpt) / Theodore Roosevelt -- The basis of protection to citizens residing abroad / Elihu Root -- Address before the Pan American Conference on Arbitration and Conciliation (1928) / Calvin Coolidge -- The Hull Formula (1938) / exchange of letters between Cordell Hull and the Mexican government -- Special message to the Congress recommending point 4 legislation (1949) / Harry. S. Truman -- Annual address (World Bank) (1963)(excerpt) / George D. Woods --Statement announcing United States policy on economic assistance and investment security in developing nations (1972) / Richard M. Nixon -- Fourth annual report to the Congress on United States Foreign Policy (1973) / Richard M. Nixon -- Statement on international investment policy (1983) / Ronald Reagan -- Statement on international trade and investment policy (2007) / George W. Bush -- Statement by the president on United States commitment to open investment policy (2011) / Barack Obama -- U.S. Inbound foreign direct investment (2011) / Executive Office of the President, Council of Economic Advisers -- The definitive Treaty of Peace (1783) / the Government of the United States of America -- Treaty of Amity, Commerce and Navigation between Great Britain and the United States (Jay Treaty) (concluded 1794; entered into force 1796) / the government of the United States of America and Great Britain -- Treaty of Friendship, Commerce and Consular Rights (1923)(excerpts) / the government of the United States of America and Germany -- Treaty of Commerce and Navigation (1953) / the government of the United States of America and Japan -- Treaty with Argentina concerning the reciprocal encouragement and protection of investment (including message of the President of the United States transmitting the treaty to the Senate) / the government of the United States of America and Argentina -- North American Free Trade Agreement (NAFTA) (1994)(excerpts and Chapter 11) / the government of Canada, the government of the United Mexican States and the government of the United States of America -- U.S. Model Bilateral Investment Treaty (2004) / the government of the United States of America -- United States-Peru Trade Promotion Treaty (environmental and labor side agreements) (signed 2006; entered into force 2009) / the government of the United States of America and Peru -- U.S. Model Bilateral Investment Treaty (2012) / the government of the United States of America -- Limitations on coercive protection / Edwin Borchard -- The "minimum standard" of the treatment of aliens / Edwin Borchard -- Property-protection provisions in United States commercial treaties / Robert R. Wilson -- Treaties for the encouragement and protection of foreign investment : present United States practice / Herman Walker, Jr. -- Responsibility of states for injuries to the economic interests of aliens / Louis B. Sohn and R.R. Baxter -- What constitutes a taking of property under international law?/ G.C. Christie -- "Constructive takings" under international law : a modest foray into the problem of "creeping expropriation" / Burns H. Weston -- The charter of economic rights and duties of states and the deprivation of foreign-owned wealth / Burns H. Weston -- The breakdown of the control mechanism in ICSID arbitration / W. Michael Reisman -- Arbitration without privity / Jan Paulsson -- Investment liberalization and economic development : the role of bilateral investment treaties / Kenneth J. Vandevelde -- Why LDCs sign treaties that hurt them : explaining the popularity of bilateral investment treaties / Andrew T. Guzman -- The once and future foreign investment regime / Jose E. Alvarez -- Public vs. private enforcement of international economic law : of standing and remedy / Alan O. Sykes -- Do BITs really work : an evaluation of bilateral investment treaties and their grand bargain / Jeswald W. Salacuse & Nicholas P. Sullivan -- Empirically evaluating claims about investment treaty arbitration / Susan D. Franck -- Investor-state arbitration as governance : fair and equitable treatment, proportionality, and the emerging global administrative law / Benedict Kingsbury and Stephan Schill

Legal positivism and its discontents -- The UN Charter over time : the contemporary Security Council -- The contemporary General Assembly -- A contemporary specialized agency : the WHO -- The main functions of international adjudication -- Three challenges posed by international organizations

The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators? from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.

Contents -- Chapter I Legal Positivism and its Discontents -- 1 The Mainstream: Legal Positivism -- 1.1 Positivist Treaties -- 1.2 Positivist Custom -- 1.3 Positivist General Principles -- 2 The Institutional Challenge to Positivism -- 2.1 The Reality of Institutionalization -- 2.2 The International Judiciary -- 2.3 The Return of Domestic Analogies -- 2.4 From Static Rules to Process -- 2.5 From Process to Inter-disciplinarity -- 3 Caveats -- Chapter II The UN Charter Over Time: The Contemporary Security Council -- 1 What is the UN Charter for? -- 2 The UN Charter as Positivist Instrument

This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as aspecies of territorial "empire" imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties ("treatification"), growing risks to the law's consistency ("fragmentation"), and the proliferation of forms of international adjudication ("judicialization"). Professor Alvarez also considers whether the regime's efforts to "balance" the needs of non-State investors and sovereigns ought to be characterized as "global administrative law", as a form of "constitutionalization", or as an increasingly human-rights-centred enterprise.

The World Health Organization's (WHO) Constitution affirms, in its preamble, a fundamental and non-discriminatory right to health and health care. In doing so, it echoes a number of widely ratified treaties and other international legal instruments with a strong claim to having the status of customary international law, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the ILO Convention on Indigenous and Tribal peoples in Independent Countries, and the Standard Minimum Rules for the Treatment of Prisoners. Most recently, the Institut de Droit affirmed that same fundamental right in Article 4 of its September 2021 Resolution on Epidemics, Pandemics, and International Law.

Abstract
This lecture surveys the criticisms directed at international investment agreements (IIAs) and their reliance on investor-State dispute settlement (ISDS), as well as the leading reform venues that have been addressing such criticisms: UNCTAD, ICSID, and UNCITRAL. It argues that despite these ambitious efforts, the international investment regime's reliance on investor-State arbitration will not be wholly displaced by any of the alternatives under active discussion – from national courts to mediation to a Multilateral Investment Court. In the long run, current reform efforts are likely to produce an ever more complex regime, governed by more diverse substantive rules interpreted by more complex options for dispute resolution. The focus on reforming the ways investor-State disputes are resolved fails to respond to doubts about the need for IIAs, undermines aspirations to harmonize international investment law, and ignores dire needs for stimulating (and protecting) foreign capital flows to achieve the goals of the Sustainable Development Goals – from mitigating climate change to preventing the next pandemic.

AbstractThe responses of states and the WHO to the COVID-19 pandemic reveal the considerable weaknesses of international organizations. Although the Trump administration has misdiagnosed the WHO's ills, the WHO has indeed failed to meet the public health threat posed by the coronavirus. The WHO's responses to the current crisis demonstrate that it shares five disorders common to other UN system expert-driven organizations: overdependence on states; singular reliance on "managerial" approaches to enforcement; inflexible emergency declarations; absence of regularized systems for inter-regime collaboration; and common bureaucratic pathologies.