General International Law in International Investment Law
Oxford University Press (Verlag)
978-0-19-284992-2 (ISBN)
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions.
The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Andreas Kulick is a senior research fellow at the Eberhard Karls Universität Tübingen. He has been a visiting fellow at the Lauterpacht Centre for International Law, the European University Institute, NYU School of Law, and the WZB Berlin. His research focuses on public international law, particularly on international dispute settlement, international economic law, and general international law. He advises and represents states and other actors in various matters of public international law before international courts and tribunals. Michael Waibel is a professor of international law at the University of Vienna. His teaching and writing focuses on international law, international economic law, sovereign debt, and international dispute settlement. He is Co-General Editor of the ICSID Reports and Co-Editor-in-Chief of the Journal of International Economic Law. He previously taught at the University of Cambridge and served as Co-Deputy Director of the Lauterpacht Centre.
Preface
Table of Contents
List of Contributors
Table of Cases
Andreas Kulick and Michael Waibel: General international law in international investment law
PART I: LAW OF TREATIES (VCLT)
1: Belinda McRae: Article 18 of the VCLT: Obligation not to defeat the object and purpose of a treaty prior to its entry into force
2: Alain Pellet and Jean-Baptiste Merlin: Articles 19-23 of the VCLT: Reservations (overview) - flexibility devices in applying treaties in the field of investment
3: Tania Voon: Article 24 of the VCLT: Entry into force
4: Tania Voon: Article 25 of the VCLT: Provisional application
5: Can Yeginsu and Patrick Pearsall: Article 26 of the VCLT: Pacta sunt servanda
6: Rumiana Yotova: Article 27 of the VCLT: Internal law and observance of treaties
7: Ben Juratowitch KC and Jackie McArthur: Article 28 of the VCLT: Non-Retroactivity of Treaties
8: Emma Lindsay and Philippa Webb: Article 29 of the VCLT: Territorial scope
9: Sean Aughey: Article 30 of the VCLT: Application of successive treaties relating to the same subject-matter
10: Andreas Kulick and Panos Merkouris: Article 31 of the VCLT: General rule of interpretation
11: Esmé Shirlow and Michael Waibel: Article 32 of the VCLT: Supplementary means of interpretation
12: Peter Tzeng: Article 33 of the VCLT: Interpretation of treaties authenticated in two or more languages
13: Luke Sobota and Amelia Keene: Parts IV and V of the VCLT: Amendment, invalidity, termination and suspension of investment treaties
14: Hélène Ruiz Fabri and Randi Ayman: Article 59 of the VCLT: Termination or suspension of the operation of a treaty implied by conclusion of a later treaty
15: Hélène Ruiz Fabri and Randi Ayman: Article 60 of the VCLT: Termination or suspension of the operation of a treaty as consequence of its breach
16: Makane Moïse Mbengue: Article 62 of the VCLT: Fundamental change of circumstances
PART II: RESPONSIBILITY OF STATES AND INTERNATIONAL ORGANIZATIONS
17: Chester Brown: Article 4 of the ARSIWA: Conduct of organs of a State
18: Jorge E Viñuales and Oliver Hailes: Article 5 of the ARSIWA: Conduct of empowered entities
19: Jonathan Bonnitcha and Alisha Mathew: Article 6 of the ARSIWA and Article 7 of the ARIO
20: Chester Brown: Article 7 of the ARSIWA: Excess of authority or contravention of instructions
21: Jorge E Viñuales and Alina Papanastasiou: Article 8 of the ARSIWA: Attribution of conduct instructed, directed, or controlled by a State
22: Claudia Annacker and Enikxo Horváth: Article 13 of the ARSIWA: International obligation in force for a State
23: Claudia Annacker and Enikxo Horváth: Article 14 of the ARSIWA: Extension in time of the breach of an international obligation
24: Claudia Annacker and Enikxo Horváth: Article 15 of the ARSIWA: Breach consisting of a composite act
25: Federica Paddeu: Article 20 of the ARSIWA: Consent
26: Federica Paddeu: Article 21 of the ARSIWA: Self-defence
27: Federica Paddeu: Article 23 of the ARSIWA: Force majeure
28: Federica Paddeu: Article 24 of the ARSIWA: Distress
29: Federica Paddeu and Michael Waibel: Article 25 of the ARSIWA: Necessity
30: Federica Paddeu: Article 26 of the ARSIWA: Compliance with peremptory norms
31: Federica Paddeu: Article 27 of the ARSIWA: Consequences of invoking a circumstance precluding wrongfulness
32: Geraldo Vidigal and Stephanie Forrest: Part Two, Ch. I and II of the ARSIWA: Remedies
33: Martins Paparinskis: Articles 49-54 of the ARSIWA: Countermeasures
34: Fernando Lusa Bordin: Article 55 of the ARSIWA: Lex specialis
PART III: STATE SUCCESSION, SOURCES, AND STATE IMMUNITY
35: Arman Sarvarian: The procedure for succession to bilateral investment treaties
36: James Devaney and Christian Tams: Succession in respect of cession, unification, and separation of States
37: Arman Sarvarian: The protection of foreign investment in the law of state succession
38: Patrick Dumberry: Article 38 of the ICJ Statute: Sources
39: August Reinisch: State Immunity in investment arbitration
PART IV: SUBSTANTIVE AND PROCEDURAL ASPECTS OF GENERAL INTERNATIONAL LAW IN INTERNATIONAL INVESTMENT LAW
40: Jingyuan Zhou and Sergio Puig: Cross-cutting substantive aspects: NAFTA standards in light of the decisions of international courts and tribunals
41: Jarrod Hepburn: Denial of justice
42: Rob Howse: The international law minimum standard of treatment
43: Cameron Miles: Cross-cutting procedural powers of international courts and tribunals
44: Chiara Giorgetti: Nationality
45: Régis Bismuth: Abuse of process
46: Kathleen Claussen: Unjust enrichment
Index
| Erscheinungsdatum | 24.02.2024 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 178 x 254 mm |
| Gewicht | 1466 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| ISBN-10 | 0-19-284992-1 / 0192849921 |
| ISBN-13 | 978-0-19-284992-2 / 9780192849922 |
| Zustand | Neuware |
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