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Second Thoughts
Criticism. Doubts. Second thoughts. Although investor-state arbitration (ISA) has been included in investment agreements between developed and developing countries since the 1960s, and provided foreign investors with a kind of private justice against developing world host states, it became increasingly controversial in developed countries when it was included in NAFTA in 1993, creating the possibility of ISA claims between and against two developed countries (the United States or Canada), as well as claims against and by a developing state (Mexico). A few years later, the OECD’s attempt to finalize the Multilateral Agreement on Investment was stymied by concerted civil society protest and ...
The Future of International Courts
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of...
The Role and Extent of a Proportionality Analysis in the Judicial Assessment of Human Rights Limitations within International Criminal Proceedings
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification c...
Historic Studies in Vaud, Berne and Savoy from Roman Times to Voltaire, Rousseau, and Gibbon
Analyse : Le second tome constitue une vaste fresque de la vie intellectuelle vaudoise au siècle des Lumières et renferme de nombreux documents inédits.
NAFTA 2.0
The renegotiation and possible termination of the North American Free Trade Agreement (NAFTA) sparked a lot of interest and concern in light of the United States’ declared objective to “rebalance the benefits” of the agreement. This edited book provides an overview of the changes brought to the NAFTA by the United States-Mexico-Canada Agreement (USMCA) or NAFTA 2.0. Grouping leading academics and experts from the three countries, the book covers the major topics in the transition from the NAFTA to the USMCA. The book also sheds light on the evolution of North American economic integration within the past three decades and reflects on the significance of the regional integration model represented by the NAFTA and now the USMCA. The book is aimed at scholars, students, officials, professionals and interested citizens concerned by the big issues surrounding North American integration and economic globalization.
Rethinking the World Trade Order
Regional Trade Agreements (RTAs) have proliferated at an unprecedented pace since the creation of the World Trade Organization (WTO). Although the WTO legally recognizes countries' entitlement to form RTAs, neither the WTO nor parties to RTAs have an unequivocal understanding of the relationship between the WTO and RTAs. In other words, the legal controversies, the result of uncertainty regarding the application of the WTO/GATT laws, risk undermining the objectives of the multilateral trade system. This research tackles a phenomenon that is widely believed to be heavily economic and political. It highlights the economic and political aspects of regionalism, but largely concentrates on the le...
The Oxford Handbook of International Arbitration
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an ov...
Policy Transformation in Canada
Canada's centennial anniversary in 1967 coincided with a period of transformative public policymaking. This period saw the establishment of the modern welfare state, as well as significant growth in the area of cultural diversity, including multiculturalism and bilingualism. Meanwhile, the rising commitment to the protection of individual and collective rights was captured in the project of a "just society." Tracing the past, present, and future of Canadian policymaking, Policy Transformation in Canada examines the country's current and most critical challenges: the renewal of the federation, managing diversity, Canada's relations with Indigenous peoples, the environment, intergenerational equity, global economic integration, and Canada's role in the world. Scrutinizing various public policy issues through the prism of Canada's sesquicentennial, the contributors consider the transformation of policy and present an accessible portrait of how the Canadian view of policymaking has been reshaped, and where it may be heading in the next fifty years.
Business and Human Rights
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a le...
