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General International Law in International Investment Law
This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.
Contributory Fault and Investor Misconduct in Investment Arbitration
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
Arbitration’s Age of Enlightenment?
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...
International Law and the Principle of Non-Intervention
The principle of non-intervention is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principlessolves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These...
The Protection of Community Interests in the International Law of State Responsibility
This book redefines the traditional understanding of state responsibility. It presents a compelling argument that international law's effectiveness hinges on its ability to protect not only state interests but also those of the global community. Drawing from principles established in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), the book examines how states, conceptualised as rational actors, navigate collective action challenges. Through a law and economics lens, it sheds light on the role of international state responsibility in providing global public goods and safeguarding common pool resources. This interdisciplinary book offers valuable insights and normative suggestions for enhancing the ARSIWA's efficacy in promoting community interests. It will appeal to scholars and practitioners in public international law, law and economics, and international relations, interested in a better understanding of international law's role in tackling pressing global issues.
Justification and Excuse in International Law
The first comprehensive study of the distinction between justification and excuse under the international law of state responsibility.
Exceptions in International Law
Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
