Results 71 to 80 of about 1,349,443 (196)

THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE

Revista Eletrônica de Direito Processual, 2018
This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view.
Burkhard Hess
doaj   +1 more source

The State Itself as a Vulnerable Subject? Existential Resilience under International Law

The Modern Law Review, Volume 89, Issue 4, Page 531-561, July 2026.
This paper proposes a new framework for analysis of the law governing State continuity, with particular reference to Small Island Developing States (SIDS) threatened with legal extinction as a result of rising sea‐levels. Prevailing wisdom suggests that if States were to lose their inhabitable land or permanently resident populations, their status ...
Alex Green (文浩航)
wiley   +1 more source

Land Under Siege: Militarized Capitalism and Urban Land Dispossession in the City of Goma, Eastern Democratic Republic of Congo

Antipode, Volume 58, Issue 4, July 2026.
ABSTRACT This article investigates the relationship between militarization and land grabbing in the context of rapid urbanization and protracted violent conflict in the Democratic Republic of Congo. Drawing on two case studies of the dispossession and privatization of public urban land in Goma, Eastern Congo, during the state of siege, the paper ...
Benjamin Muhoza, Karen Büscher, Sam Kniknie   +2 more
wiley   +1 more source

Inherently Unneutral Investment Treaty Arbitration: The Formation of Decisive Arguments in Jurisdictional Determinations [PDF]

, 2018
The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the ...
RADOVIĆ, Relja
core  

Most-favored-nation treatment in investment treaties: Limits of application

Ученые записки Казанского университета: Серия Гуманитарные науки
This article examines most-favored-nation (MFN) treatment in investment treaties with special attention to the limits of its application in the contemporary arbitral practice.
I. I. Galimov
doaj   +1 more source

Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia

Hasanuddin Law Review, 2017
The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute) decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia.
Yordan Gunawan
doaj   +1 more source

Opening the doors: Legal consequences of breaching international climate obligations in the ICJ Advisory Opinion on climate change

Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 340-348, July 2026.
Abstract In its landmark advisory opinion on States' obligations regarding climate change, the International Court of Justice (ICJ) tackled the highly contentious issue of the legal consequences of unlawful acts and State responsibility. While the Court adopted a more cautious approach on this matter than it did when interpreting States' primary ...
Yann Kerbrat, Sandrine Maljean‐Dubois
wiley   +1 more source

Searching for purpose: Critical assessment of teleological interpretation of treaties in investment arbitration

International Review of Law, 2016
This article explores the tendency of investment tribunals to resort to teleological interpretation and to the protection and promotion of foreign investments as a standard goal of investment treaties. It further explores how this tendency relates to the
Sanja Djajić
doaj   +2 more sources

INTERPRETATION OF AMBIGUOUS PROVISIONS OF INTERNATIONAL INVESTMENT TREATIES AUTHENTICATED IN TWO OR MORE LANGUAGES

Comparative Legilinguistics, 2014
The presented article identifies and offers solutions to problems related to interpretation of international investment treaties, which have been authenticated in two or more languages. It focuses on situations when the provisions of investment treaties
Filip BALCERZAK
doaj   +1 more source

Investment Arbitration, Investment Treaty Interpretation, and Democracy [PDF]

Cambridge International Law Journal, 2015
It has become a widespread concern in recent years that there exist frictions between international investment law and arbitration and democratic governance. In particular, investor-state tribunals can issue awards that may reverse, at least de facto, decisions by democratically legitimated and democratically accountable domestic decision-makers that ...
openaire   +1 more source