1,721,393 research outputs found
Fair and Equitable Treatment and the Fabric of General Principles
No full textThis book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law. Specific to this book: • Explains the ICSID practice clearly and concisely • Useful in practical terms Excerpts from a review: 'Fair and Equitable Treatment and the Fabric of General Principles' is an original and well researched book, in which the author challenges a number of conventional wisdoms on FET.Among the strengths of the book one can mention the solid discussion of public international law principles relevant to FET and the interesting incursions into domestic law legal systems which play an important role in the understanding of FET components such as due process, legitimate expectations or proportionality. In particular the section on promises provides a convincing analysis of the issues that arise when the administration makes an assurance or representation to an investor. Against the backdrop of the examination of unilateral acts under public international law, Palombino's analysis sheds new light on what ought to be the proper scope of protection under the legitimate expectations doctrine in case of governmental promises, clarifying a number of points which have received insufficient attention by arbitral tribunals thus far. - Michele Potestà, Attorney with Lévy Kaufmann-Kohler, Geneva; Senior Researcher, Geneva Center for International Dispute Settlement (CIDS) book review in International and Comparative Law Quarterly, (2018)67(4), 1036-1037. For the full review, see: https://doi.org/10.1017/S0020589318000246
Judicial Economy and Limitation of the Scope of the Decision in International Adjudication
No full textThis article argues that the principle of judicial economy belongs to the fundamental canons
of international procedure – that is, those canons which are inherent in the judicial function
andwhose application should generally be ensured by the judge concerned, regardless ofwhat
the written procedural law establishes. This is particularly evident if one considers how often
international courts and tribunals, precisely for reasons of judicial economy and departing
from the duty to decide all points put forward by the parties (non ultra petita), enter into those
issues alone which are necessary for the purpose of resolving the dispute and/or establishing
the true state of the world (the so-called criterion of judicial limitation of the scope of the
decision or absorption). Even though no provision requires it, each judge is in fact expected to
operate in conformity with this criterion and to use it in a proper way; its misapplicationmay
lead to reforming the decision or precluding its enforcement. The frequent use of the criterion
at issue, on the other hand, supports this article’s final contention, according towhich judicial
economy is an expression of judicial activism
Publications from different national jurisdictions
No full textWith the aim of disseminating more knowledge on international courts and tribunals, this platform offers an overview of books, articles and papers published worldwide in various languages. An abstract in English is included for publications in a language other than Englis
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