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International Interplay

Author: Riddhi Dasgupta
Publisher: Cambridge Scholars Publishing
ISBN: 1443867659
Size: 20.28 MB
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Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

International Law In The U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Size: 70.42 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

The Agrarian Dispute

Author: John Dwyer
Publisher: Duke University Press
ISBN: 0822388944
Size: 63.33 MB
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In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.

Legitimacy And International Courts

Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 110842385X
Size: 40.75 MB
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An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

International Investment Law

Author: Marc Bungenberg
Publisher: Hart Pub Limited
ISBN: 9781849463638
Size: 27.33 MB
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International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

Dispute Settlement In International Space Law

Author: Gérardine Goh
Publisher: BRILL
ISBN: 9047419464
Size: 46.34 MB
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Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.

The Iran United States Claims Tribunal

Author: Charles Nelson Brower
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041106278
Size: 80.23 MB
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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.