Commentaries on selected model investment treaties
In: Oxford commentaries on international law
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In: Oxford commentaries on international law
In: International courts and tribunals series
In: The Australian yearbook of international law, Volume 40, Issue 1, p. 173-194
ISSN: 2666-0229
Abstract
Judge Crawford's contributions to public international law were immense and covered a vast field, including State responsibility, international criminal law, State immunity, international legal personality, the law of the sea, and the protection of human rights. The focus of this essay is on Judge Crawford's work in the field of international investment law, to which he made substantial contributions as a scholar, as an arbitrator, and as counsel, at a time when the field of international investment law was in a relatively embryonic stage of development. The contribution focusses in particular on the award of the tribunal constituted under Chapter 11 of the North American Free Trade Agreement ('NAFTA') in Waste Management v Mexico (No 2) ('Waste Management (No 2)'), in which Judge Crawford was appointed by the ICSID Secretary-General as the presiding arbitrator. The award contains an important dictum on the content of the minimum standard of treatment under Article 1105 of NAFTA, which has been highly persuasive within the NAFTA context, in other investment treaty claims, and in the subsequent treaty practice of States. The Waste Management (No 2) tribunal brought much-needed rigour to a field in which ad hoc tribunals were adopting broad interpretations of treaty obligations and imposing onerous obligations on States.
In: Proceedings of the ASIL Annual Meeting, Volume 110, p. 191-199
ISSN: 2169-1118
In: The international & comparative law quarterly: ICLQ, Volume 61, Issue 3, p. 785-787
ISSN: 1471-6895
In: A Common Law of International Adjudication, p. 35-82
In: A Common Law of International Adjudication, p. 152-184
In: A Common Law of International Adjudication, p. 15-34
In: A Common Law of International Adjudication, p. 83-118
In: A Common Law of International Adjudication, p. 119-151
In: A Common Law of International Adjudication, p. 238-259
In: A Common Law of International Adjudication, p. 185-224
In: A Common Law of International Adjudication, p. 225-237