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Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

, 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

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

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

in Latin America and international investment law
Claus von Wobeser

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

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
Claims to universality and charges of particularism
Philip Burton

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

in Latin America and international investment law
Transformative constitutionalism and fair and equitable treatment
René Urueña
María Angélica Prada-Uribe

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

in Latin America and international investment law
Determining the methodology
Olivier Corten
François Dubuisson

: Du droit international au cinéma . 4 The timeliness of the project is further illustrated by the fact that, in the 10th Anniversary Conference of the European Society of International Law, held in September 2014 in Vienna, an Agora was dedicated to ‘International Law and Film: The Power of Pictures’. 5 In 2015, the International Law Centre launched a more global online publishing project, covering various aspects of the relationship between pop culture and international law: in addition to cinema, analyses focus on music, literature, comics, theatre, video games

in Cinematic perspectives on international law
General Assembly resolutions
Rossana Deplano

traditional, normative analysis of law. However, the International Law Commission study has an original feature which has no precedent in either the previous work of the International Law Commission on international customary law or the academic literature: according to the Conclusions, the practice of international organizations as such may, under certain circumstances, be constitutive of custom. Such a proposition has revived the scholarly debate on the sources of international law in general, and the relevance of international customary law in the modern international

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

’ 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

in The values of international organizations
Abstract only

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.