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The Public International Law Regime Governing International Investment
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 a species 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.
eBook
Solidarity and Community Interests
Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.
eBook
The Evolution of Sustainable Development in International Law: Inception, Meaning and Status
In a relatively short time the concept of \"sustainable development\" has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: \"development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs\". This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries).The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l'évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l'intégration du concept de développement durable dans tous les domaines pertinents du droit international.
eBook
Chance, order, change : the course of international law : general course on public international law
The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings but at some of the key unresolved problems of the discipline.
Book
The Evolution of Sustainable Development in International Law
In a relatively short time the concept of \"sustainable development\" has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: \"development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs\". This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.
eBook
Lis Pendens in International Litigation
What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question -- of international lis pendens -- has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times -- from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today's pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation -- in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.
eBook