Claims Of Dual Nationals And The Development Of Customary International Law

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The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

Product Details :

Genre : Law
Author : Mohsen Aghahosseini
Publisher : Martinus Nijhoff Publishers
Release : 2007
File : 321 Pages
ISBN-13 : 9789004156982


Dual Nationality In The European Union

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The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.

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Genre : Law
Author : Olivier Vonk
Publisher : Martinus Nijhoff Publishers
Release : 2012-03-19
File : 380 Pages
ISBN-13 : 9789004227217


Brownlie S Principles Of Public International Law

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Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.

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Genre : LAW
Author : James Crawford
Publisher : Oxford University Press, USA
Release : 2019
File : 873 Pages
ISBN-13 : 9780198737445


Time History And International Law

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This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a history of international law written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of history in international law and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of international law in history: of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of international lawyers’ engagement with the past and its importance in shaping the present and future of international law. Originally published in hardcover

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Genre : Law
Author : Matthew Craven
Publisher : Martinus Nijhoff Publishers
Release : 2006-12-01
File : 263 Pages
ISBN-13 : 9789047411444


International Law Reports

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International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.

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Genre : Law
Author : E. Lauterpacht
Publisher : Cambridge University Press
Release : 1987
File : 806 Pages
ISBN-13 : 052146420X


Claims Of Dual Nationals And The Development Of Customary International Law

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BOOK EXCERPT:

The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

Product Details :

Genre : Law
Author : Mohsen Aghahosseini
Publisher : BRILL
Release : 2007-07-31
File : 320 Pages
ISBN-13 : 9789047421276


The Nationality Of Corporate Investors Under International Investment Law

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This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.

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Genre : Law
Author : Anil Yilmaz Vastardis
Publisher : Bloomsbury Publishing
Release : 2020-10-01
File : 308 Pages
ISBN-13 : 9781509933617


The Award In International Investment Arbitration

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The Award in International Investment Arbitration is a comprehensive study of the international investment award, which serves as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book reviews the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. It puts emphasis on the practitioners needs with a careful selection of hands-on topics, such as fact-finding in complex disputes, the role of experts, and legal reasoning and persuasion. Sensitive to contemporary challenges, the book addresses both existing questions that have evolved over time and novel topics that have not yet received sufficient attention, such as the impact of technology on award drafting. By bringing together the biggest names in the contemporary investment arbitration scene - a unique line-up of highly-qualified arbitrators and experts from academia and international legal practice - The Award in International Investment Arbitration offers a singular reservoir of knowledge and experience on the topic, drawn from a diverse set of angles and perspectives.

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Genre : Law
Author : Katia Fach Gómez
Publisher : Oxford University Press
Release : 2024-08-28
File : 593 Pages
ISBN-13 : 9780192872982


California Courts And Judges

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Genre : Courts
Author :
Publisher :
Release : 2009
File : 762 Pages
ISBN-13 : STANFORD:36105134438212


Cases Materials On International Law

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The sixth edition of Cases & Materials on International Law is a topical and engaging companion for study; placing international law directly in the context of contemporary debate. The book offers broad coverage of international law, and is an appropriate match for a range of courses and teaching styles.

Product Details :

Genre : Law
Author : Martin Dixon
Publisher : Oxford University Press
Release : 2016
File : 795 Pages
ISBN-13 : 9780198727644