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Christian Tietje, claiming in the title that investor-state arbitration is a part of the international rule of law and, therefore, a mechanism for upholding it, touches on what may surely be called …. Investor-state arbitration is not only the most heated topic discussed in international economic law, but it also has become an important political issue more generally. Indeed, it is amazing to see how a topic that, some years ago, interested only a handful of international economic lawyers and very few academics has emerged today as an issue on which everybody has an opinion.
Moreover, there seems to be only one direction …. But the name is a misnomer. In most legal systems these days, most disputes and conflicts are settled or resolved in some way short of a formal trial — through an ombuds a person who works for the government or for private industry by …. Today, a vast array of treaties exists, both multilateral and bilateral. They regulate almost every aspect of human interaction and cover such diverse fields as the environment, trade, outer-space, human rights, organized crime and terrorism. For example, over multilateral treaties are deposited with the UN Secretary General alone and more than bilateral investment treaties exist.
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The majority of these treaties are concerned with standard setting, that is, the …. We take this opportunity to reply to both posts and to reflect on some further themes coming out of the ICON-S panels that dealt with the megaregionals. In a post of 13 June to this blog, the authors addressed the financial crisis of the Inter-American Commission on Human Rights, characterized it as a result of state dissatisfaction, and portrayed it as an opportunity to reimagine the role of member states and the organs of the Inter-American Human Rights System the Commission and the Court.
I agree with the authors that the financial crisis goes beyond the issue …. Global international economic relations have been constantly evolving since the institutionalization of the GATT. The majority of African countries signed into the World Trade Organization in , whether because of a desire to join the multilateral trading system, or as a condition of loans from the IMF and World Bank during the heyday of the Washington Consensus.
The multilateral trading system has been quite efficient in mitigating the hitherto …. I am grateful for the opportunity to participate in this symposium and would like to congratulate the MegaReg team on their efforts to draw attention to a fascinating series of developments in international law, and the authors of the working papers on providing thoughtful commentaries to form the basis of these analyses. Stewart draw out some common themes relating to the …. Second, he explains the meaning of recognition as a requirement for the formation of a state.
And third, he sets forth the legitimacy argument by concluding that because of the lack of the rule of law, the …. The so-called Islamic State has triggered a wave of commentary ever since it emerged as one of the leading military groups in Syria and further captured vast parts of Iraqi territory in mid What seems to have received only little attention this far is its legal characterization. Three key themes are developed.
Each of them gives rise to diverging interpretations as …. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court ICC. The new chambers could either be upstream or equally ranked with ….
The Protocol foresees the creation of an integrated African Court of Justice and Human Rights featuring a human rights chamber, a general affairs chamber and a criminal law chamber that has jurisdiction over natural …. April , Beschwerde-Nr. These involve stories about stateless persons, for whom their state of residence decided to buy citizenship of another state, stories about the merchandising of passports for a global elite, and stories of a man who decided ….
A response to Birgit Peters. Peters emphasizes what she understands as a shift from traditional regulatory approaches that frame the Arctic as a common heritage and common concern, focused on prohibition, to an integrated approach focusing on sustainability. Peters in this respect discusses the role of …. Climate change in the Arctic Climate change, in particular global warming, is an inevitable fact. Nonetheless, it will hit different regions of the world differently. Of all regions, the area most affected by future temperature change is the Arctic.
This is the part of the global north, which is situated above 66,3 degrees latitude. Here, differences in temperatures are predicted to rise at least 3 degrees Celsius compared to the ….
The international legal order finds itself in turmoil. The crises in Ukraine and Syria, the questioning of the authority of the ECtHR, the opposition against the ICC by African states and the rise of global terrorism can all be interpreted as crisis symptoms justifying the need for a re- assessment of the current state and future of International Law. The illness caused by this virus is very rarely fatal, and it causes mild symptoms: rash, headaches, conjunctivitis, sometimes fever and joint pains.
The last quarter of century registered the resurgence of infectious diseases, that the medical community deemed to have defeated with the global vaccination campaign. The global health governance …. In theater, the peak of a play in which all strings of the story converge and the intrigue is resolved, is called the climax. Regional integration in Africa has been regarded as a necessary step towards accelerated development on the continent. The belief is that greater gains would be made if states pooled their resources together rather than act individually.
Despite elaborate regional goals and objectives, regional institutions in Africa have not been effective in facilitating development, for two major reasons. First, they have significant capacity deficits, especially considering the weakness of their members …. During the Ebola-crisis , states have widely ignored the measures recommended by the World Health Organization WHO and have interfered in the fight against the disease. After the first appearances of the Ebola epidemic in December , the disease spread wide and fast, exceeding any previous Ebola epidemic with regard to incidence and prevalence and was declared a pandemic by WHO.
Before , the outbreaks of this highly infectious disease were locally restricted and primarily situated in rural areas. The latest outbreak of this epidemic, however, expanded to the urban population as well as across borders. The recent Ebola crisis that shook West Arica, exceeded any previous Ebola epidemic and later was declared a pandemic by the WHO not only stretched local health care systems, but also revealed deep structural deficiencies in the international response to health issues of such a scale.
The outbreak of this virus that crossed boarders easily and cost the lives of so many people raises fundamental questions regarding the actors and …. I am grateful to all participants of this symposium for their thoughtful and generous commentaries. The strange truth about book-writing, which I suppose all experienced hands know and I discovered as a first-time author , is the void that follows once the manuscript is finished.
The book then disappears into the publishing process, and gradually snakes on to the desks and reading lists of other scholars. The author might wait months …. The choice of the subject-matter alone shows that Ranganathan puts legal concepts into political context.
She outlines the inherent limits of international law which cannot prevent states from creating new treaties to undermine existing commitments. However, international law may constrain policy-makers by steering them towards legal …. Some years ago, I published a slender book on the topic of treaty conflict. Zooming in on the treaty relations of member states of the EU, I found that international law had little to say about treaty conflicts involving different parties.
If party A has incompatible treaty obligations with states B and C, then it just has to make a choice or, as a German scholar and later EU judge …. This assessment, however, reveals more about myself and how I would approach the topic than it does …. International legal scholarship tends to address the political substrate of international law in one of two extreme modes: either by not dealing with it at all and engaging only with the doctrinal surface; or by being entirely consumed with it and reducing doctrinal form to insignificance.
Maximilian Oehl started his text spelling out the abbreviation …. Law Clinics kannte man einst nur aus dem US-amerikanischen Rechtskreis.
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Neben …. A response to Maximilian Oehl In his thoughtful post, Maximilian Oehl placed TTIP into the wider context of the world trade system and discussed some of the critical questions surrounding the negotiations. While there is certainly no fault in the portrayal of events and facts presented, it may only be one view of the cathedral. Let me add a slightly different one. The present Turkish military interventions in Syria and northern Iraq continue to raise the question of when States may use defensive force against armed non- State actors in other States.
It is one of the ongoing and legally disputed actions of multiple, state and non-state, actors involved in the Syrian conflict. This post analyses the international legal implications of the ensuing military action by Turkey, especially the meaning of ius …. Nevertheless, political leaders are determined to follow through with the undertaking …. Representative democracy is the most widespread political system in the world today. At the same time, in a number of countries, democratic institutions and guarantees are subject to erosion with severe consequences for the respective population.
This means, for example, that state ….
In this contribution, I look at the first state-led prior consultations which were implemented in the Peruvian Amazon. In contrast to other studies this will not …. Portmann is right in pointing out that direct effect is crucial. I would …. This phenomenon is linked to a continuous process of internationalisation of legal relationships with host states. But indeed neither the very nature of that process nor that of their rights are well …. Stephan Dreyer — Wolfgang Schulz — 3 June, Oskar Josef Gstrein — 29 May, Current Developments.
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Schatz — 28 May, Roxana Vatanparast — 27 May, Topics in this article: Cyber , Data Protection , universality. Bofaxe Current Developments. Benedikt Behlert — Vanessa Bliecke — 24 May, Topics in this article: Discrimination , Human Rights. Tassilo Singer — 22 May, Annegret L.
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Hartig — 20 May, Lukas Kleinert — 17 May, Elisabeth Baier — 13 May, Parimal Kashyap — 10 May, Felicia Jaspert — 8 May, Topics in this article: act , Genocide , Indigenous People , State immunity. Benedikt Behlert — 6 May, Topics in this article: Asylum , Refugee law , United States. Andreas Gutmann — 1 May, Dana Schmalz — Raffaela Kunz — 29 April, Avinash Reddy — Sabavath Apoorva — 24 April, Topics in this article: Migration , Refugee law.
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