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Abstract only
Stephen C. Neff

results, however, had not been encouraging. The United States was the most active promoter of codification, chiefly in the person of Secretary of State (and later President) John Quincy Adams. Under his auspices, the United States produced a draft Convention for Regulating the Principles of Commercial and Maritime Neutrality in 1823. 5 Not surprisingly, it generally

in The rights and duties of neutrals
Hilary Charlesworth
Christine Chinkin

Introduction Statehood confers the capacity to claim rights and duties under international law. 1 Other entities, such as individuals and international inter-governmental and NGOs, can assert some degree of international personhood for particular purposes, but the state is considered the most complete expression of international legal personality. 2 The state

in The boundaries of international law

This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.

Veronika Bílková

question must be undertaken with a sense of legal right of obligation’, 5 implies that the relevant opinio juris is that of the actors whose practice counts, that is, again, of States and, sometimes, international organizations. The place that the International Law Commission reserves to non-State actors in the formation of customary international law is therefore a marginal one. Their conduct does not count as the general practice ( usus longaevus ); their views do not qualify as the acceptance of the binding nature of the practice ( opinio juris ). At most, their

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

, what the Commission did and did not say with regard to the role of international organizations and that of ‘non-State actors’, since some of the contributions in this volume (like one or two States in the UN General Assembly’s Sixth Committee) seem not to have fully appreciated what was said within the Commission or what the Commission itself actually said in its second reading texts. The Commission’s second reading in 2018 involved a detailed review of the earlier draft conclusions and commentaries (adopted on first reading in 2016) in light of comments received

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

Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation, not uniform but sharply fragmentary, of the practice of the governments sometimes resisting sometimes welcoming the mainstream approaches; the practice of the lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples, and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments, the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have imprinted to the field; the contribution that Latin America has made to the development of the theory and practice of international investment law – notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. The authors are not only lawyers but also political scientists, not only academics but also practitioners. To the theory of international investment law, Latin American scholars have been contributing for over a century – and resting on the shoulders of true giants, Latin America and international investment law aims at pushing this contribution a little further.

Members, dissidents, and an outsider
Magdalena Bas

Introduction Drawing on theory of international regimes, 1 I argue that the states members of the international investment regime converge around the fundamental principle of investment promotion and protection. That is, the home state ensures protection for the investments of its nationals while host states establish

in Latin America and international investment law
Claus von Wobeser

adopts the perspective of the MNE towards IIL and discusses whether and if so, to what extent, corporations care about investment treaties and the availability of investor–state dispute resolution (ISDS) when making decisions on foreign direct investment (FDI). It is submitted that corporations care generally about the protection of property rights and investment safety, which are

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

investments deal with investors acting, most of the time, as private companies. 1 This difference has led some scholars and commentators to depict the relationship between the two disciplines as contradictory and with competing interests on its way to address conflicts. Central to this representation is the way in which arbitral tribunals, in the context of investor–state dispute

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

strike a balance between multiple interests is the Achilles heel of the international foreign investment system; 8 whereas its strength lies on the ever-increasing need of investment to contribute to the state’s economic growth. However, on the other side of the coin, diverse environmental and social concerns are left aside if all concurrent interests are balanced exclusively under the light of

in Latin America and international investment law