1,721,058 research outputs found
Energy Charter Treaty:Achievements, Challenges and Perspectives
No full textThe chapter aims at examining the main achievements and challenges of the ECT, taking into account that the ECT is the treaty expression of a process for the development of a stable and predictable legal framework of the energy sector as well as the creation of an international energy policy forum with a much broader mandate. From this perspective, the Energy Charter Conference (ECC) is charged inter alia of the periodic revision of the treaty (Article 34(7) ECT), whereas Articles 33 and 42 ECT expressly provide, respectively, for the conclusion of protocols and declarations, and for the adoption of amendments.
It also explores the perspectives ahead, with special attention to the role the Russian Federation may be expected to play with regard to foreign investment in the energy sector, to the reshaping of the energy-related relations between the EU and the Russian Federation, and to the potential extension of the ECT constituency, especially to China, the Asian sub-continent and North Africa
Bilateral Investment Treaties
Full text linkThis chapter is intended to offer an overview of the main – and in many respects unique – features of BITs. It explores the potential of the largely bilateral framework for the protection of foreign investment and examines the special position foreign investors enjoy under these treaties, both in substantive and procedural terms
Legal Personality of International Organizations
No full textThe paper discusses the process through which an international organization may acquire international legal personality and the main features of such a personality. It also touches upon issues of international responsibility and immunities that are fully treated elsewhere in this book. It finally deals with the legal personality international organizations may enjoy within the jurisdiction of member and non-member states
Travelling the Domestic Route. The South African Investment Act 2015
No full textThis note examines the main features of the South African Protection of Investment Act, 2015 (hereinafter the “Act”), promulgated in January 2016 and provides a preliminary assessment on its adequacy to protect foreign investment, taking into account existing customary international law and investment treaties
Investment and Sustainable Development
No full textOne of the most recurrent critiques to foreign investment in general and bilateral investment treaties (BITs) in particular relates to the scarce attention paid to, if not the detrimental effect they may have on sustainable development. It has been argued that the flow of foreign investment often results in dysfunctional use of natural resources and has a negative impact on the protection of environment, human and labour standards as well as the other associated social values.
The paper aims at examining the relationship between BITs and sustainable development. It first defines the concept of sustainable development and its normative value. It then discusses and assesses the relevance and treatment of this concept in current BITs, focusing on interpretation, applicable law, and the relevant treaty provisions, including those on the coordination with other treaties and those containing exceptions and presumptions
Introduction
No full textThese pages introduce the main idea developed in teh volume, namely international law as a profession. They provide refreshing insights on the dialectical relationship between international law as formal and autonomous system (of rules or arguments) and international law as a set of professional practices
Article 24
No full textWhile judicial proceedings involving foreign states remain in principle governed by the lex fori, Article 24 ensures foreign States, due to their sovereign nature, certain privileges and immunities.
Article 24(1) leaves unaffected the competence of courts to issue, in accordance with domestic law, orders enjoining foreign States to perform a specific act or to produce any document or disclose any other information for the purposes of a proceeding. It nonetheless prohibits the imposition of any coercive measures in case of failure or refusal to comply with such orders.
Article 24(2) exempts foreign States appearing before the courts of another State from the obligation to provide any security, bond or deposit, however described, to guarantee the payment of judicial costs or expenses
Article 22
No full textArticle 22 does not itself deal with any issue of State immunity from proceedings or measures of constraint. Rather, it prescribes how the writ or other document instituting proceedings regulated by the Convention is to be served on the potential respondent State. What it prescribes, given the special character of the respondent, is a regime quite different from that applicable in national legal systems to service of process on a private respondent
Intervention in Iraq’s Kurdish Region: Operation Provide Comfort and the Creation of the No-fly Zones (1991-8)
No full textThis chapter deals with the military operations carried out by the United States, the United Kingdom and France in the period between the conclusion of the Gulf War (1990-91) and the beginning of military intervention in Iraq (2003) for the protection of the Kurds in Northern Iraq as well as the Shiites and Marsh Arabs in Southern Iraq. These operations overlap with those related to the air strikes against the Iraqi intelligence headquarter (1993) as well as those aimed at enforcing Iraq’s obligations regarding weapons of mass destruction, which are discussed elsewhere in this volum
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