1,720,962 research outputs found
Is International Arbitration Universal?
Full text linkDue to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types
The International Committee of the Red Cross: an Evaluation
Full text linkThe International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival of the ICRC as the pre-eminent provider of humanitarian assistance is testimony to the fact that the “practicalities” of international law are as important as treaties. The practices of the undisputed subjects of international law – states and international organizations – have paved way for a half-subject of international law – the ICRC – to enhance its status
The Protection of Legitimate Expectations in International Law
Full text linkThe argument of this Article is that international law has still not reached a stage wherein the protection of legitimate expectations can become a general principle of law. In that respect, the most favorable terrain for the protection of legitimate expectations, namely, inter-state negotiations, still largely remains outside international law. In pursuing this argument, this Article first examines the notions of national sovereignty, legal institution and inter-state boundaries. This paper then looks at the notion of general principles of law and highlights the principle of equity. Finally, the Article discusses the Bolivia v. Chile case and places international investment law / arbitration within a new perspective
El Arbitraje Internacional es Universal?
Full text linkDebido a la deversidad de las partes (estados, organizaciones internacionales, corporaciones e indivduales) y sujetos (responsabilidad del estado, inversiones, transacciones comercials, violaciones del contracto comercial internacional) el arbitraje internacional, seria adecuado argumentar que el arbitraje internacional incluye muchos tipos
The Responsibility to Protect and Land-Locked States\u27 Access to the Sea: An Analogy
Full text linkDiplomatic Asylum
Full text linkDiplomatic asylum is not part of general international law, although it has purportedly acquired a regional legal dimension in Latin America. Yet, even that regional legal dimension is inchoate. After the 2024 Ecuador-Mexico diplomatic asylum crisis, the International Court of Justice now has an opportunity to decide the fate of diplomatic asylum in the light of general international law. However, the International Court of Justice, as a conservative institution that focuses upon positive international law, is not expected to make any innovations in respect of the current state of diplomatic asylum within general international law. In the near future, diplomatic asylum is to remain a matter for international politics, international comity and diplomacy
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