100,426 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
Regulatory autonomy and liberalization of trade and investment flows: how are these competing interests balanced by international economic law?
No full textIntroduced by Giovanna Adinolfi, Claudio Dordi and Tarcisio Gazzini It has often been argued that trade and investment treaties unduly restrain the host State’s prerogatives and in particular its capacity to meet its responsibilities in areas such as the protection of the environment, human rights and other social values. The extent to which this argument..
Bilateral Investment Treaties
No full textThis 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
Ospedali di passo sull’Appennino tosco-emiliano. Prato del Vescovo e Croce Brandegliana nelle proiezioni ecclesiastiche, economiche e militari di Pistoia (secoli XI-XIV)
No full textL’intervento prende in esame due casi di studio dell’Appennino tosco-emiliano: l’ospedale intitolato a San Benedetto e a Sant’Antonino delle Alpi, detto anche di Prato del Vescovo, e l’ospedale della Croce Brandegliana. Erano entrambi ospedali di valico posti su due delle principali strade che collegavano Pistoia ai territori emiliani. Particolarmente interessanti appaiono le vicende due e trecentesche di questi due enti (sorti a fine XI secolo), che conobbero il passaggio dalla giurisdizione ecclesiastica a quella comunale, l’ampliamento delle funzioni espletate, la progressiva riduzione della comunità ospedaliera fino al trasferimento in città o alla sua scomparsa. Nel tentativo di comprendere le ragioni di queste evoluzioni, nel contributo ci si sofferma sul significato assunto dalla costituzione di una rete ospedaliera per la colonizzazione ecclesiastica della zona; sulle conseguenze nell’indirizzamento militare delle attività ospedaliere derivante dall’affermazione del comune come forza politica; e infine sugli effetti di fenomeni di carattere climatico, fazionario e religioso nella configurazione del paesaggio assistenziale.The paper examines two case studies from the Tuscan-Emilian Apennines: the hospital named after St Bartholomew and St Antoninus of the Alps, also known as Prato del Vescovo, and the hospital of Croce Brandegliana. Both were hospitals located in mountain passes on two of the main roads connecting Pistoia to the Emilian territories. Founded at the end of the 11th century, the history of the hospitals is particularly interesting in the 13th and 14th centuries, when they experienced the transition from ecclesiastical to communal jurisdiction, expanded their functions , and gradually reduced the hospital community, until its eventual move to the city or its complete disappearance. In an attempt to understand the reasons for thesedevelopments , the contribution focuses on the significance of the establishment of a hospital network for the ecclesiastical settlement of the area; on the consequences of the military reorientation of hospital activities as a result of the establishment of the municipality as a political force; and finally, on the effects of climatic, factional and religious phenomena on the shaping of the welfare 'landscape'
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
Interpretation of International Investment Treaties
No full textThis book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation
The legal nature of WTO obligations and the consequences of their violation
No full textThe obligations deriving from participation in the World Trade Organization are never inherently indivisible or erga omnes in the sense elaborated by the International Court of Justice in the field of human rights. As a rule, remedies for violations of WTO obligations remain available only to the Member(s) whose international trade interests have been affected, in actual or potential terms. Nonetheless, contracting parties have decided to extend to a limited number of WTO obligations the legal regime of indivisible obligation and to consider immaterial for the purpose of resorting to the dispute settlement system the effects of their violations. WTO obligations, therefore, are not a monolithic bloc. They may be divided into two categories which are governed by different rules as far as legal standing and counter-measures are concerned. Depending on whether the obligation allegedly breached belongs to one or the other category, the nullification or impairment of benefits is presumed – but can be challenged – under Article 3(8) of the DSU or is entirely irrelevant. Furthermore, countermeasures are normally proportionate or equivalent to the nullification or impairment of the benefits of the complainant. In the case of WTO obligations treated as indivisible obligations, however, the effects of the violation are immaterial and the trade interests of the complainant may well be unaffected. As a result, counter-measures are to be permitted to the extent that they will effectively ensure compliance. Special problems may finally arise in the case of multiple applicants, especially when the countermeasures are authorized at different times
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
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