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the sole intention of providing a minimally organized map of the attitudes in Latin America towards investment arbitration, countries in the region could be roughly placed under the following positions (drawing on a recent, but unrelated, debate): modernizing remainers , exiters , and creative entrants . 12 Each categorization takes into account what seems to be the
corporation may pursue parallel and conflicting remedies for treaty violations. 10 Further, nationality is a relevant consideration to corporations that have arguably at times made creative use of forum shopping to obtain treaty benefits. A foreign shareholder in a domestic corporation in the host state may fulfil a nationality requirement in an
adopt a wide array of approaches to investment arbitration. The chapter charts the range of Latin American attitudes to investment arbitration, from the “modernizing remainers” to the “exiters,” with “creative entrants” in between. Moraes and Pérez Aznar note a remarkable feature of the Latin American pluralism, the same country adopting different approaches to investment arbitration. In order to
The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).
conceived as involving in varying degrees three basic processes – namely, to borrow an analysis, the review, correction and creative functions. 11 The review process is stated 12 to involve the collection of information and its evaluation in accordance with a particular standard. The correction process is stated 13 to involve ‘enforcement’, in the narrow sense, where
though adherence to the WTO code as much as transparency is the stated aim of the TPRM. This may in part be because in so far as the secretariat report is concerned the Trade Policy Review Division of the WTO is staffed mainly by non-lawyers. Finally, the TPRM mechanism can also have a prescriptive trait, or, to borrow a nomenclature, 31 a potential ‘creative’ function. This
entities other than States and international organizations is neither creative nor expressive of customary international law, does not ‘suggest that non-States actors and customary international law do not have much in common’. 33 Far from disregarding the potential influence that such actors may have with regard to customary international law, the conclusion explicitly recognizes that their conduct ‘may have an indirect role in the identification of customary international law, by stimulating or recording the practice and acceptance as law ( opinio juris ) of States
identifies a constant tension between fact and consciousness in the formation of customary international law. 16 Dupuy attributes this tension to the dynamic character of international custom and the different functions that, arguably, it plays. 17 On the one hand, wise custom plays a creative function through continued evolution, and it becomes backward-looking and conservative; not only is this typical of a homogeneous society – Dupuy claims – but it is also expressive of the latter’s common ethics. 18 On the other hand, Dupuy identifies what he calls the
that touches upon this matter. The draft conclusions with accompanying commentaries adopted by the International Law Commission on second reading in 2018 1 acknowledge the contribution of international organisations to the formation and expression of rules of customary international law. 2 Conclusion 4(2), read together with the commentary thereto, constitutes the central provision on the matter, conclusions 6 and 12 covering specific aspects. After acknowledging the primacy of State practice as creative or expressive of rules of customary international law in
difficulty in treating films as the product of a single, consistent creative intelligence putting forward a coherent set of ideas or arguments. More often than not, films raise issues for audiences to think about, frequently coming across as ambivalent and drawing attention to complex emotions, dilemmas, contradictions rather than articulating a fixed view. Films often work as thought experiments do, i.e. as devices of the imagination used to investigate the nature of things. Most of the films analysed by Fałkowska-Clarys and Koutroulis in their chapter on the principle of