Remarks by James Nevins Hyde:

1973 ◽  
Vol 67 (5) ◽  
pp. 245-248
Author(s):  
James Nevins Hyde
Keyword(s):  
Saudi Arabia ◽  
International Law ◽  
Comparative Law ◽  
International Arbitration ◽  
Public International Law ◽  
Transnational Law ◽  
Legal Situation ◽  
Municipal Law ◽  
The Government ◽  
Oil Company

Transnational law includes municipal law, public international law, and conflicts, including some attention to comparative law. For example, the international arbitration between the Arabian-American Oil Company and the Government of Saudi Arabia required George Sauser-Hall, the arbitrator, to weigh all of these variables. When you consider working in this field you should realize that you are concerned with politics, economics, and different bodies of law and also with great areas of uncertainty. I suppose that the current ITT case with $92 millions of investment insurance is a good example of the uncertainty when a political and legal situation gets mixed up.

The European Convention on Human Rights and International Law

2007 ◽  
Vol 56 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Comparative Law ◽  
Case Law ◽  
European Convention ◽  
Mutual Relationship ◽  
Public International Law ◽  
European Court ◽  
Special Character ◽  
British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

International Arbitral Tribunal: Award on the Merits in Dispute Between Texaco Overseas Petroleum Company/California Asiatic Oil Company and the Government of the Libyan Arab Republic (Compensation For Nationalized Property)

1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  
Keyword(s):  
International Law ◽  
Arbitral Tribunal ◽  
Oil Companies ◽  
Legal Effect ◽  
History Of ◽  
The Government ◽  
Contractual Obligations ◽  
Petroleum Company ◽  
First Time ◽  
Oil Company

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.

scholarly journals The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

2017 ◽  
Vol 17 (4) ◽  
pp. 1496
Author(s):  
Gerrit Ferreira ◽  
Anel Ferreira-Snyman
Keyword(s):  
International Law ◽  
South African ◽  
Constitutional Court ◽  
Legal Systems ◽  
Practical Application ◽  
Public International Law ◽  
Court Of Justice ◽  
European Court ◽  
Municipal Law ◽  
The Relationship

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

scholarly journals Laws and Politics of the International Relations of Japan and the United States

1997 ◽  
Vol 27 (1) ◽  
pp. 43
Author(s):  
A H Angelo
Keyword(s):  
United States ◽  
International Relations ◽  
International Law ◽  
Comparative Law ◽  
The United States ◽  
Public International Law ◽  
American University ◽  
International Service ◽  
Joint Declaration

This article is a book review of Makitaro Hotta Laws and Politics of the International Relations of Japan and the United States (published jointly by the School of International Service, American University, Washington, and the College of International Relations, Ritsumeikan University, Kyoto, 1996) 195 pages. The book is a compendium of documents and materials relating to Japan and United States relations from the Cairo Declaration of 1 December 1943 to the Japan/US Joint Declaration on Security Alliance for the 21st Century of 17 April 1996. Angelo praises the book’s versatility, as it can be used for comparative law classes and for international relations programmes, for constitutional law teaching, and for aspects of public international law. 

Part III Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector, 17 Climate Disputes and Sustainable Development in the Energy Sector: Bridging the Enforceability Gap

2018 ◽  
Author(s):  
Magnusson Annette
Keyword(s):  
Sustainable Development ◽  
Solar Energy ◽  
International Law ◽  
Energy Sector ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Energy Needs ◽  
Energy Plant ◽  
New Instruments

This chapter provides an overview of energy-related sustainability objectives. It also provides a list of instruments aimed at their enforcement. Today, not many avenues are available to use international arbitration to enforce sustainability objectives. The chapter analyzes whether and how international arbitration can offer support for desirable developments towards meeting sustainable energy needs for the future by encouraging new instruments and other innovations. It also acknowledges the importance of what might be called ‘indirect’ enforcement of sustainability objectives, via legal instruments other than those defining the sustainability objectives as such (eg commercial arbitration enforcing the construction of a solar energy plant).

Biting the Bullet or Redefining ‘Consent’ in Investor-State Arbitration? Pre-Arbitration Requirements After BG Group v Argentina

2015 ◽  
Vol 16 (4) ◽  
pp. 695-726
Author(s):  
Konstanze von Papp
Keyword(s):  
International Law ◽  
Traditional Approach ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Group V ◽  
Public International Law ◽  
Investment Treaty ◽  
Alternative Solutions ◽  
Investment Treaty Arbitration ◽  
Consensual Approach

A purely consensual approach to international arbitration has its limits even in commercial arbitration. In investment treaty arbitration, the traditional approach to finding ‘consent’ to arbitrate encounters difficulties if there are any pre-arbitration requirements that have not been satisfied. This will be illustrated by the case of BG Group v Republic of Argentina. Drawing a line between purely ‘procedural’ pre-arbitration requirements and those that are strict conditions on a host state’s consent to arbitrate is difficult, if not impossible. This article suggests alternative solutions, taking into account the need to appreciate domestic arbitration laws as well as public international law concerns. ‘Biting the bullet’ would mean accepting the lack of consent between host state and investor. A doctrinally clearer approach to jurisdictional issues could then be found by drawing an analogy to non-signatory issues in commercial arbitration.

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