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Protection of Foreign Investments in an Intra-EU Context
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
The Practice of Shared Responsibility in International Law
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Provisional Measures Issued by International Courts and Tribunals
This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book w...
Complicity and the Law of State Responsibility
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
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.
International Law Between Universalism and Fragmentation
This "Festschrift" is published on the occasion of Gerhard Hafnera (TM)s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafnera (TM)s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this "Festschrift" reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the "Festschrift." Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Making a Difference in Life
The European Social Fund (ESF) invests in some 10 million people every year throughout the 27 member states. This book tells the stories of 54 individuals - two per member state - who have taken up the opportunities offered by ESF-funded initiatives. The interviews focus on women and men, on every age group from teenagers to pensioners, in urban and rural communities, in every country of the EU.--Publisher's description.
Philip C. Jessup International Law Moot Court Competition
A Compilation of the Problems, Judges' Briefs, Rules andleading written Memorials which comprise the Philip C.Jessup International Law Moot Court Competition.To be issued annually.
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