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Addressing the balance of interests in investment treaties : the limitation of fair and equitable treatment provisions to the minimum standard of treatment under customary internat...

Gaukrodger, David - 2017

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

Persistent link: https://www.econbiz.de/10011695562

Customary international law and public goods

Petersen, Niels - 2015

The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...

Persistent link: https://www.econbiz.de/10010486364

Ocean iron fertilization : why further research is needed

Güssow, Kerstin; Oschlies, Andreas; Proelß, Alexander; … - 2009

Despite large uncertainties in the fertilization efficiency, natural iron fertilization studies and some of the purposeful iron enrichment studies have demonstrated that Southern Ocean iron fertilization can lead to a significant export of carbon from the sea surface to the ocean interior. From...

Persistent link: https://www.econbiz.de/10003929473

Rational choice or deliberation? : customary international law between coordination and constitutionalization

Petersen, Niels (contributor) - 2008

Rational choice approaches to customary international law have gained in prominence in recent years. Although becoming increasingly sophisticated, they are not able to explain all phenomena of customary international law. This contribution claims that there are two different types of unwritten...

Persistent link: https://www.econbiz.de/10003731330

'Why Do They Hate Us?...They Hate Our Freedoms' : The Globalisation of Terrorism and Counter-Terrorism

Saul, Ben - 2009

While most terrorism remains localised, aspects of some transnational terrorism and counter-terrorism have been simultaneously enabled and constrained by globalisation. This paper addresses both the material, causative and legal dynamics of globalisation in relation to terrorism and...

Persistent link: https://www.econbiz.de/10014203193

Corporate Responsibility for Human Rights : Analyzing the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy

Letnar Cernic, Jernej - 2009

This article analyses the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization. It argues that given the current lack of a legally binding international document on human rights obligations of corporations, the focus...

Persistent link: https://www.econbiz.de/10014204696

Property Rights to the World's (Linear) Ocean Fisheries in Customary International Law

Barrett, Scott - 2023

I model the ocean as an array of lines set within a two-dimensional frame, and show how the Exclusive Economic Zone emerged as an equilibrium in customary international law. I find that custom codifies the efficient Nash equilibrium of enclosure for nearshore fisheries. For highly migratory and...

Persistent link: https://www.econbiz.de/10014346184

Development of 'International law' by International Court of Justice

Cheema, Muhammad Ans Shahzad - 2023

activity legality among states. No strong nations remained on the sidelines in World War I to give effective support to … types of weapons, after the war failed, as shown by the outbreak and course of World War II. The end of hostilities in 1945 … saw the world again facing major international issues, including border rectification, refugee treatment, and …

Persistent link: https://www.econbiz.de/10014356754

Deterritorialization in International Law : Moving Away from the Divide between National and International Law

Brölmann, Catherine M. - 2009

The paper argues that we witness a move away from the divide between national and international law. The significance of the boundary between national and international law is decreasing because a separation of legal spheres, as it was the subject of intense debate in the 20th century, is based...

Persistent link: https://www.econbiz.de/10012765159

The Political Economy of Desire : International Law, Development and the Nation State

Beard, Jennifer L. - 2009

modern identity formation - of which phenomena such as the West, the First World, the Rule of Law and the individual subject …

Persistent link: https://www.econbiz.de/10012718409