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, when we draw on the energy justice literature, to call for the respect and enforcement of certain international law principles and rules as necessary for ensuring justice for indigenous peoples. In the ensuing section, we draw on our theory to articulate a critical reflection of international investment law practice, when we discuss the EU-Mercosur Trade Agreement which also
standards. This intended necessity sustaining that international investment regimes bring prosperity, economic development or even the improvement of living standards is not only presented as a justificatory scheme for most investment treaties but it is a common trope 44 in mainstream international investment law literature which usually assumes the
recent days, as a regime that served primarily the interests of capital-exporting states and their investors, with MNEs being the key vehicle of foreign investment. 29 As a consequence, the perspective of the corporation in the clash of narratives that has shaped the international investment regime has traditionally been represented by European and US MNEs. Similarly, while abundant literature
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
narrower and broader “versions” of the Calvo Doctrine which have been reproduced in subsequent literature. Donald Shea, the preeminent anglophone authority on the subject, provides us with the leading statement of the narrow version. 48 According to Shea “two concepts of non-intervention and absolute equality of foreign nationals are the essence of the Calvo doctrine.” 49 However
law is seen as a mere “fact” in international dispute resolution. Implementation of the arbitral awards More debated in the literature has been the role of national courts in the implementation of international arbitral awards. There are currently two different paths for the implementation of investment arbitral awards. On the
The law of the sea is an up-to-date and comprehensive treatment of this branch of public international law. It begins by tracing the historical origins of the law of the sea and explaining its sources, notably the 1982 UN Convention on the Law of the Sea. This is followed by chapters examining the various maritime zones into which the sea is legally divided, namely internal waters, the territorial sea, archipelagic waters, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas and the International Seabed Area. In each case the legal nature of the zone and its physical dimensions are analysed. Separate chapters deal with the baselines from which the breadths of most maritime zones are delineated and the law governing the delimitation of boundaries between overlapping maritime zones. Later chapters discuss how international law regulates the safety of navigation, fisheries and scientific research, and provides for protection of the marine environment from pollution and biodiversity loss. The penultimate chapter addresses the question of landlocked States and the sea. The final chapter outlines the various ways in which maritime disputes may be settled. Throughout the book detailed reference is made not only to the UN Convention on the Law of the Sea, but also to other relevant instruments, the burgeoning case law of international courts and tribunals, and the academic literature.
’ constitution considers such autonomy as “self-legitimizing,” then the International Criminal Court’s (ICC) constitution views the notion of credibility being linked to judicial autonomy. 31 The EU provides a unique example, in its own right, of a supranational international organization set up supposedly reflecting most of the values enshrined in the international ’ literature. 32 However, the data tells a different story. Other international ’ constitutions refer to the values of aspiration, autonomy
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).
, employment and health care – have not been realised in any nation in the world. Only when our collective identities have been recognised will the appalling disadvantages that we suffer as individuals be redressed.22 In the ATSIC view, collective rights are needed primarily – in the words of Kymlicka, as ‘external protections’ – ‘to protect the group from the impact of external decisions (of the larger society)’.23 In recent political theory literature, positions on collective rights questions are staked out by liberals, communitarians and post-liberals.24 Discussions link