Search: Affective Justice: Book Symposium: A Response
03 Oct Book Symposium Investment Law: A Reply to van Aaken
...the latter, via renvoi (see also A. Gourgourinis, ‘Lex Specialis in WTO and Investment Protection Law’, German Yearbook of International Law 53 (2010): 591). Accordingly, tribunals did not deal (and needed not deal) with the question of existence state practice and opinio juris regarding MST, but rather sought to answer the question regarding the content of FET (and, by implication, MST). Hence, arbitral tribunals called upon to interpret and apply FET clauses reflecting MST have advanced the position that the content of MST is not static. I do not see...03 Oct Book Symposium Investment Law: International Investment Law and Trade – The Relationship that Never Went Away
[Dr Mary E. Footer is Professor of International Economic Law at the University of Notthingham, School of Law.] The relationship between international investment law and trade has been a constant, if not consistent, one throughout the history of international economic relations. Drawing on the evolution of these two areas of economic activity over the course of six decades, this relationship is examined with a view to understanding its historical and contextual antecedents. The same relationship is also explored from a contemporary perspective. On the one hand, there are...14 Mar Cheng Book Roundtable: Professor Howse Responds to Professor Cheng
[Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law] When International Law Works is a wide-ranging work with many important and original claims and arguments. Particularly congenial is the approach that the real world effects of international law be examined not through narrow studies of rule “compliance” but in a manner that takes into account the importance of the moral meaning(s) of international law. Professor Cheng’s colleague Ruti Teitel and I have pleaded for such a broader approach-transcending the fact/value distinction...04 Oct Book Symposium Investment Law: The role of International Investment Agreements in Fostering Sustainable Development
...to challenge regulatory efforts aimed at reducing greenhouse gases. Since these policies often impose costs on particular investors e.g. by regulating the use of land or by increasing manufacturing costs, they may expose states to investment claims under an IIA. In response, states have sought to create space for green policies in their IIAs. Some agreements include a reference to the objective of combating climate change in the preamble of the agreement. Others include climate change related exceptions into the treaty text. Some treaties also have references to multinational environmental...04 Oct Book Symposium Investment Law: Comments on Alschner and Tuerk
[Andrea K. Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty of Law, Canada] Mr. Alschner and Ms. Tuerk’s contribution very usefully highlights three areas where international investment law and sustainable development principles may intersect: climate change, industrial policy, and corporate social responsibility. This precision is particularly valuable given the less-than-concrete nature of the idea of “sustainable development”. Two common threads running through each section are the essential participation of the host state in fostering sustainable development and the...04 Oct Book Symposium Investment Law: Investment Tribunals and Human Rights Treaties – A Sociological Perspective
[Moshe Hirsch is Professor of International Law at the Hebrew University of Jerusalem Faculty of Law.] Sociology of international law involves the study of how social factors influence the development and enforcement of international law. As elaborated below, sociological analysis casts a new light on a significant dimension of the relationships between different branches of international law, and enriches our understanding of social factors involved in in legal decision-makers’ inclination to incorporate or reject legal rules developed in other branches of international law. This chapter aims to analyze...13 Aug Sivakumaran, The Law of Non-International Armed Conflict
unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts. I have only read bits and pieces of the book — which is now at the top of my wish list (along with my camera/GPS Swatch) — but Sandy’s work on IHL is always careful, thorough, and convincing. I predict that the book will be required reading for years to come....