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Claus von Wobeser

America. It begins by discussing the characteristics of the corporate stakeholder as a participant in the regime and the emergence of new corporate stakeholders. It is submitted that the corporate stakeholder and its interests are much more nuanced and diverse than the traditional conception of hostility between MNEs and the other systemic actors would suggest. Next, the chapter

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

theories, 20 and on energy justice studies 21 to bring visibility and justice to indigenous peoples and to affirm them as full participants, on their own terms, in international investment law. 22 On a theoretical level, this is a conceptual chapter that falls within socially informed critiques to international law. 23 In the following two sections, we describe the problem of

in Latin America and international investment law
Claims to universality and charges of particularism
Philip Burton

to provide a constructivist history of this prolonged engagement, tracing the ways that jurists and diplomats invoked and attacked Calvo. The key objective of the study is to trace how participants sought to clothe their preferences in the language of universalism, while seeking to expose the particularist predilections of their rivals. This focus on the “historiographical

in Latin America and international investment law
Abstract only
A mosaic of resistance and accommodation
Sufyan Droubi
Cecilia Juliana Flores Elizondo

processes that these chapters describe, and how they affect international investment law. For instance, resistance against the regime (or system) may result in proposals for the development of alternative institutions. 57 Resistance within the regime (or system) may translate into refusal of policies and rules, 58 or attrition between participants in the regime, 59 or as defenses before investor–state arbitration tribunals. 60

in Latin America and international investment law
A sustainable development argument in investor–state dispute settlement
Sebastián Preller-Bórquez

assess the behavior of all different kinds of participants when engaging in transnational activities, joining, therefore, the efforts made internationally through other mechanisms, towards the same end. 5 In the field of international investment law, the literature has been prone to suggest that investment protection and sustainable development may seem contradictory

in Latin America and international investment law
Universalizing resistance
Fabian Cardenas
Jean d’Aspremont

Those beliefs are posited through concepts which are later filled by further complementary or even contradictory developments. 48 Hence, concomitantly with an image of international investment distributing prosperity among participants, there have been also well-known opposing resistance perspectives. TWAILers for instance, with increasing popularity in Latin America, go further to

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

participants to the investment treaty system and investor–state dispute settlement but have called for adjustments needed to safeguard state’s policy space from “vague standards of protection,” which endanger the legitimacy of decisions adopted by democratically elected governments, 27 and to tackle the threat of a “regulatory chill,” 28 which would challenge the capacity of states

in Latin America and international investment law
Ilias Bantekas

of offences when committed ‘as part of a widespread or systematic attack’ against any civilian population. Since it was agreed by all participants at the Rome Conference that not every inhumane act should amount to a crime against humanity, the concept of an ‘attack’ in the ICC Statute is elaborated in subparagraph (2)(a), meaning a ‘course of conduct involving the multiple commission of acts

in Principles of direct and superior responsibility in international humanitarian law
Catherine Brölmann

legal actor that have an effect in law (and may thus translate into both legal acts and legal facts). We may think for example of assent, acquiescence, intention, opinion, aim, and good or bad faith. These are states of mind or, to borrow a helpful term from theory of agency, ‘intentional states’, 18 ascribed to recognised participants in any legal order. As a construct the juridical will operationalises legal agency, which is why it is also a key component of ‘legal personality’. Leaving aside the development in natural persons of the link between the

in International organisations, non-State actors, and the formation of customary international law
The humanitarian dimension

This book presents the case of humanitarian intervention within a discursive theory of international law. It identifies and examines the philosophical and legal concepts which inform the case of humanitarian intervention and scrutinises the pertinent practice. The book explores how legal rules which vie to control humanitarian intervention are moulded by theory and how they inform the relevant practice in cases such as Kosovo, Rwanda or Somalia. It presents the legal and theoretical narrative and its agonising attempts to produce objective, true arguments, to introduce a modicum of morality when faced with hard cases but also to concede a leeway for moral or political relativists. For instance, humanitarian intervention within natural law appeals to modes of justification springing from theistic assumptions such as the moral standing of humans as God's mirror or Kantian ones as partakers of universal reason. The cases of Uganda and Kampuchea should be evaluated in the same way, not according to their effects on the governmental structures but according to how they secured human dignity. Kampuchea was not totally propitious in this regard. Humanitarian intervention stopped widespread massacres at a genocidal level and in this way secured human dignity, but the ensuing situation did not correspond to the standards of human dignity. Following the position developed, cases such as Entebbe and Liberia are included within the concept of humanitarian intervention. Operation 'Restore Hope' for Somalia is marked by the disagreements between the United Nations and the participant states concerning its purposes and means.