Part II Interpretation of Treaties, 7 Evolutionary Interpretation of Treaties: Between Memory and Prophecy
in The Law of Treaties Beyond the Vienna Convention
February 2011 .
Chapter. Subjects: Public International Law; International Law; Law. 15 pages. 7728 words.
The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such...
in ICSID Review - Foreign Investment Law Journal
May 2014; p ublished online March 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 13394 words.
Several States have terminated international investment agreements (IIAs) in recent years—some alarmed at unexpected outcomes in certain investor–State cases, and others simply updating...
in The Oxford Handbook of the Theory of International Law
June 2016 .
Chapter. Subjects: Public International Law; International Law; Law. 21 pages. 10061 words.
This chapter argues that the ‘moderate’ and ‘radical’ versions of constructivism differ in their very understanding of the politics of international law and thus the way they connect to...
in European Journal of International Law
August 2010; p ublished online August 2010 .
Journal Article. Subjects: Public International Law. 24117 words.
This article analyses how the Appellate Body in practice expresses its interpretation of the WTO covered agreements, and discusses whether the Appellate Body's hermeneutics is different...
in Encyclopedia of African American History, 1896 to the Present: From the Age of Segregation to the Twenty-first Century
January 2009 .
Reference Entry. Subjects: History. 10100 words.
In 1885 the Chicago Tribune reported that ninety-seven whites and only seventy-eight “colored” persons had perished at the hands of lynchers. The next year “colored” victims outnumbered...
Adaptive Efficiency and Financial Development in China: The Role of Contracts and Contractual Enforcement
in Journal of International Economic Law
June 2008; p ublished online June 2008 .
Journal Article. Subjects: Financial Law; Public International Law; Economics. 15602 words.
The existing literature on China's economic development has focused so far more on economic reform, decentralization, and the clarification and protection of property rights. There is,...
in Chinese Journal of International Law
June 2012; p ublished online May 2012 .
Journal Article. Subjects: International Law. 14540 words.
The Vienna Convention on the Law of Treaties (VCLT) rules on the resolution of treaty conflicts are known as being despondently unhelpful. One identified lacuna is that these rules...
Reconceiving the Roles of Religious Civil Society Organizations in Transitional Justice: Evidence from the Solomon Islands, Timor-Leste and Bougainville
in International Journal of Transitional Justice
November 2017; p ublished online August 2017 .
Journal Article. Subjects: Human Rights and Immigration; Public International Law; Human Rights. 10925 words.
In transitional justice (TJ) scholarship, civil society is ordinarily conceived as a unified, homogeneous and secular entity that is...
in Journal of International Economic Law
September 2017; p ublished online September 2017 .
Journal Article. Subjects: Financial Law; Public International Law; International Economic Law; Economics. 11440 words.
The tensions created by public services in international trade agreements continue to stir academic interest while remaining highly controversial....
in Africana: The Encyclopedia of the African and African American Experience, Second Edition
January 2005 .
Reference Entry. Subjects: History. 7582 words.
The Harlem Renaissance was a somewhat forced phenomenon, a cultural nationalism of the parlor, institutionally encouraged and directed by leaders of the national civil rights...
Case of Blake v Guatemala, Chapman Blake and ors v Guatemala, Reparations and costs, IACHR Series C no 48,  IACHR 2, IHRL 1431 (IACHR 1999), 22nd January 1999, Inter-American Court of Human Rights [IACtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 22166 words.
What is the proper measure of reparations in pecuniary and non-pecuniary damages Guatemala owed to the victim’s next of kin for the violation of Articles 5 and 8 of the American Convention...
Intraline Resources SDN BHD v The owners of the ship or vessel ‘Hua Tian Long’, First instance decision,  HKCFI 361, ILDC 1703 (HK 2010), HACJ No 59 of 2008,  3 HKLRD 611,  3 HKC 557, (2010) 15 HKPLR 487, 23rd April 2010, Hong Kong; High Court; High Court as Court of First Instance [HKCFI]
Legal Material. Subjects: Law. 16630 words.
Whether sovereign immunity applied to matters that involved two different states.
in Arbitration International
March 2005; p ublished online October 2014 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 18780 words.
Part II Key Risks and Disputes Associated with International Mining Projects, 5 Political Risk and Resource Nationalism
in Arbitration of International Mining Disputes
Chapter. Subjects: Arbitration; Law. 34 pages. 18461 words.
This chapter first discusses the notions of political risk and resource nationalism. Political risk refers to the risk that some political event will materially affect the projected...
Intertemporality and international investment arbitration: protecting the jurisdiction of established tribunals
in Arbitration International
June 2015; p ublished online May 2015 .
Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 26141 words.
The backlash against investor–State arbitration is building, to the point that some commentators even talk about termination or amendment of investment treaties in order to strip...
Part IV International Regulation, 17 The Codification of International Standards For the Treatment of Foreign Investors
in Multinational Enterprises & the Law
July 2007 .
Chapter. Subjects: Arbitration; Public International Law; International Law; Law. 50 pages. 27770 words.
Case of Caesar v Trinidad and Tobago, Caesar v Trinidad and Tobago, Merits, reparations and costs, IACHR Series C no 123, IHRL 1507 (IACHR 2005), 11th March 2005, Inter-American Court of Human Rights [IACtHR]
Legal Material. Subjects: Public International Law; International Law; Law. 57782 words.
Whether Trinidad and Tobago’s imposition of corporal punishment violated the victim’s right not to be subject to torture or other cruel, inhuman, and degrading treatment as protected under...
Case of Yatama v Nicaragua, Yapti Tasba Masraka Nanih Asla Takanka (‘YATAMA’) v Nicaragua, Preliminary objections, merits, reparations and costs, IACHR Series C no 127, IHRL 1511 (IACHR 2005), 23rd June 2005, Inter-American Court of Human Rights [IACtHR]
Legal Material. Subjects: International Responsibility; Relationship Between International and Domestic Law; Public International Law; International Law; Law. 73554 words.
Whether Nicaragua’s denial of members of an indigenous regional political party to register to run in municipal elections, and the subsequent appeals procedure carried out pursuant to...
in Human Rights and World Public Order
February 2019 .
Chapter. Subjects: Law. 204 pages. 92117 words.
This chapter examines the emergence and continuing development of a global constitutive process of authoritative decision and its significance for the protection of human rights. It first...
in International Law in Domestic Courts
November 2018 .
Chapter. Subjects: Law. 46 pages. 29185 words.
This chapter examines how the law of treaties is used and applied in domestic courts. It first explores questions relating to the conclusion and entry into force of a treaty before...