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This paper analyses the forgotten right to continuous improvement of living conditions in ICESCR Art 11(1), drawing on: the travaux préparatoires; the broader context of Twentieth Century international law; and the work of the Committee on Economic, Social and Cultural Rights. It argues that we...
Persistent link: https://www.econbiz.de/10012826347
Recent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties (BITs) for the foreseeable future. This Article demonstrates that applying BITs to sovereign bonds threatens to undermine the core economic function of those treaties by encouraging...
Persistent link: https://www.econbiz.de/10012826921
The paper deals mainly with the emerging legal issues related to climate change and their interlinkages with the WTO law, human rights law, investment law and environmental law. While the comprehensive international legal regime for climate change is still not established, the guidance in...
Persistent link: https://www.econbiz.de/10012975477
The Arctic is defined by change. Many understand this through the region's biannual shift between frozen deserts of snow and ice and warmer and highly productive ecosystems. Others know this through the great effect that climate change is having on the circumpolar north. But beyond physical...
Persistent link: https://www.econbiz.de/10012855469
Counterclaims are claims raised by respondents. Various international courts and tribunals have expressed their jurisdiction to hear counterclaims as an emanation of their inherent powers, even though their constitutive instruments are silent. Modern rules of court often contain provisions on...
Persistent link: https://www.econbiz.de/10012856490
Soft law is on the ascent in international insolvency, seeming now to occupy a preferred status over boring old conventions. An arguably constitutive aspect of soft law, which some contend provides a normative justification for international law generally, is its "dialogic" nature, by which I...
Persistent link: https://www.econbiz.de/10012861657
This article articulates an explanatory theory of customary international law under which precedential concerns are central to explaining CIL formation, compliance and change. In contrast with previous theories, which emphasize the role of reciprocity, retaliation and reputation in sustaining...
Persistent link: https://www.econbiz.de/10013050818
This Article posits that international law on investment protection develops as a common law through adjudication of investor-state disputes. It reviews the three prevalent theories on the development of international law on investment protection. These three theories are (a) that investor-state...
Persistent link: https://www.econbiz.de/10013051834
The G20 has become the preeminent international economic and financial policy making body in the aftermath of the global financial crisis of 2007-2009. In the early phase of the financial crisis, the G20 made considerable progress with its measures to stabilize the global economy (London Summit...
Persistent link: https://www.econbiz.de/10013054703
• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons• United States Advocates for Syrian Peace Conference• United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan• China Announces New Air Defense Identification...
Persistent link: https://www.econbiz.de/10013054785