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Universalizing resistance
Fabian Cardenas
Jean d’Aspremont

. The success of the sources metaphoric discourse in Latin America It is commonly assumed that international investment law primarily originates in bilateral investment treaties and investment chapters contained in free trade agreements that are supplemented by general standards found in customary international law. 9 The sources metaphoric discourse

in Latin America and international investment law
Claus von Wobeser

international obligations or to participate in the making of international law through the conclusion of treaties and customary international law. However, as some prominent scholars have pointed out, focusing on the purported international personhood of corporations constitutes “intellectual baggage” that is insensitive to real-world practice and elicits misleading analogies. 23 Instead

in Latin America and international investment law
A quest for balance
Rodrigo Polanco Lazo
Felipe Ferreira Catalán

same time addressing the issue of the possible international responsibility of a state. As explained by Marboe, The primary obligations of States derive from treaties, customary international law and general principles of law, the sources of international law as enumerated in Article 38

in Latin America and international investment law
Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

the discussion. 131 Heffron argues that “community engagement in decision-making touches upon the democratic ideal of procedural due process,” 132 recalls that scholars affirm that public participation may have the character of customary international law, 133 and notes the affirmation of the principle in international conventions. 134 It is not

in Latin America and international investment law
Legality and legitimacy
Dominic McGoldrick

, war crimes, and crimes against humanity. The categories overlapped to some extent and were not carefully distinguished by the Tribunal. The second and third categories have formed 110 War crimes trials before international tribunals the conceptual basis for the development of international criminal law since 1945.35 War crimes was an accepted category in 1945 both in terms of treaty law and customary international law. Crimes against peace and crimes against humanity were much more controversial in terms of whether they violated the principle of nullem crimen sine

in Domestic and international trials, 1700–2000
Members, dissidents, and an outsider
Magdalena Bas

3 ); absence of an appeal mechanism for awards. Under customary international law, states have the right to regulate foreign investment in their territory, as a direct expression of their sovereignty; 4 consequently, they are also able to decide whether or not to be members of the international investment regime or the ISDS regime. 5 Having the

in Latin America and international investment law
Abstract only
Sabine Lee

high degree of probability that systematic sexual violence during the Rwandan conflict has to be supposed to have served a purpose beyond the often assumed psychological scarring of the victims and their local communities; it had the genocidal aim of destroying the entire Tutsi population. When the tribunals addressed the war crimes committed in Yugoslavia and Rwanda, they did so by basing ‘their case laws on their respective Statutes as well as on customary international law’, thus giving them much greater traction in local communities, as ‘customary international

in Children born of war in the twentieth century
Transformative constitutionalism and fair and equitable treatment
René Urueña
María Angélica Prada-Uribe

significantly from its original and intended scope.” 6 In response, some commentators have argued that a way to limit the broader interpretation of the FET is to link the standard to the customary international law minimum standard of treatment, 7 while others have advocated for the inclusion of general exception clauses in the investment treaties. 8 Both strategies have been

in Latin America and international investment law