State responsibility for breaches of investment contracts

There is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates ...

Forum shopping in international adjudication

the role of preliminary objections

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as ...

Proof of causation in tort Law

Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical ...

Governmental liability

A comparative study

First published in 1953, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth. Tables of cases and statutes are included, together with ...

Comparative Law

an introduction to the comparative method of legal study and research

First published in 1946, this book formed part of the Cambridge Studies in International and Comparative Law series. The text was written with three key aims: to explain the origin and meaning of comparative law; to describe the purposes for which the comparative method of ...

Underwater cultural heritage and international Law

The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty ...

Investment treaty arbitration as public international Law

procedural aspects and implications

Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, tensions remain between the private interests in international investment relations and the public international law features of the arbitral procedure. This book, which ...

Forum shopping in international adjudication

the role of preliminary objections

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as ...

Making the Law of the sea

a study in the development of international Law

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law ...

The participation of states in international organisations

the role of Human Rights and democracy

The admission of a state to membership is an important decision for an international organisation. In making this determination, organisations are increasingly promoting the observance of human rights and democratic governance as relevant principles. They have also applied the same criteria in resolving the question ...

The individual in the international legal system

continuity and change in International Law

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis ...

Reparations and victim support in the International Criminal Court

Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing ...

Sovereign defaults before International Courts and Tribunals

International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime ...

Science and the precautionary principle in International Courts and Tribunals

expert evidence, burden of proof and finality

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the Case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United ...

The participation of States in international organisations

the role of Human Rights and democracy

The admission of a state to membership is an important decision for an international organisation. In making this determination, organisations are increasingly promoting the observance of human rights and democratic governance as relevant principles. They have also applied the same criteria in resolving the question ...

The individual in the international legal system

continuity and change in International Law

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis ...

Trading fish, saving fish

the interaction between regimes in International Law

Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and ...

The principle of legality in international and comparative criminal Law

This 2009 book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this ...

Legitimacy and legality in International Law

an interactional account

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created ...

Legal personality in international Law

Several current international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider ...