The Function of Equity in International Law

2021 ◽  
Author(s):  
Catharine Titi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Case Law ◽  
Legal Concept ◽  
Public International Law ◽  
Legal Decisions ◽  
Investment Arbitration ◽  
Maritime Boundary ◽  
Common Misconceptions ◽  
Comprehensive Study

A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law, setting it on a new basis and dealing with some common misconceptions about it. In contrast with earlier studies on the topic, the book is informed by a body of judicial and arbitral case law that has never been so large and varied and it draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically ignored in public international law scholarship. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been conceded. As the importance of international law increases, continuously covering new domains, the value of equity increases with it. It is this new function of equity in the international law of the 21st century that this book explores.

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.

Conclusion

2021 ◽  
pp. 199-202
Author(s):  
Catharine Titi
Keyword(s):  
International Law ◽  
21St Century ◽  
Legal Concept ◽  
International Courts ◽  
Common Misconceptions

The book’s concluding chapter summarises its main findings and arguments. The book has tried to make sense of the legal concept of equity as it operates in the international law of the 21st century, setting it on a new basis and dealing with some common misconceptions about it. The thrust of its argument is that equity is a legal concept and a source of international law whose reach stretches beyond what has previously been conceded. Equity contributes to the development of international law and, as international law grows, the value of equity grows with it. By definition circumstance-specific, equity must remain flexible in order to fulfil its function qua justice. As time goes by, equity will still inform new international law and it will continue to be relevant, as an imperative of law as justice that international courts and tribunals are bound to apply.

scholarly journals Jurisdiction and Admissibility in Investment Arbitration: The Practice and the Theory

2017 ◽  
Vol 1 (3-4) ◽  
pp. 1-193
Author(s):  
Filippo Fontanelli
Keyword(s):  
International Law ◽  
Value Judgment ◽  
Public International Law ◽  
Theoretical Context ◽  
Investment Arbitration

AbstractThis is the first half of a two-part essay on jurisdiction and admissibility in investment arbitration. It focuses on the arbitration practice, whilst the second part sets these concepts in the wider framework of public international law litigation. This essay maps the objections to the tribunal’s jurisdiction (byratio: materiae, temporis, lociandpersonae) and the claim’s admissibility. It offers some preliminary conclusions: in certain areas there still is no consensus; tribunals are inclined to characterise objections as jurisdictional, and rarely resort to admissibility; findings of inadmissibility draw a judgment on the claimant or the claim’s propriety (whilst jurisdictional decisions typically eschew value-judgment); tribunals failed to distinguish jurisdiction from admissibility. These findings are further explored, within a wider theoretical context, in the second part of the essay.

scholarly journals Challenges and Constraints to Recognition in the Field of Freedom of Circulation: The Relevance of the Fraus Legis Institute in European Union Law

2018 ◽  
Vol 2 (1) ◽  
pp. 121-145
Author(s):  
Dulce Lopes
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Private International Law ◽  
European Union Law ◽  
Public Authorities ◽  
Legal Concept ◽  
Dual Purpose ◽  
Close Cooperation ◽  
State Of Affairs

The relevance of fraus legis – a falsely presented state of affairs – both in internal and private international law, and particularly within recognition procedures, has not been undisputed throughout the years. And in the midst of integration or close cooperation arrangements it might seem that the institute of fraus legis would definitively lose its interest due to an “unshaken” mutual confidence in the activity of other public authorities. This is however not the case, as demonstrated by European Union law where both legislative and case law examples show the renewed importance of such truthfulness or veracity requirement. Bearing this is mind, the present article has a dual purpose: the first aims to describe the legal concept of recognition in its diversity and richness. As an aggregating factor we will subsequently turn our attention to the “internal structure” of that concept and to the conditions or requisites it is dependent upon. One of such conditions is precisely the control of veracity of the act or situation that aims to be recognised by the receiving State.

Part VI The Post-Award Phase, 30 A Practical Guide: Research Tools in International Investment Law

2018 ◽  
Author(s):  
Fouret Julien
Keyword(s):  
International Law ◽  
International Investment ◽  
International Court Of Justice ◽  
Stare Decisis ◽  
Public International Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
International Court ◽  
Investment Agreement ◽  
Investment Law

This chapter aims to help the new investment arbitration practitioner identify and find the main legal sources for dealing with international investment law issues. Three different topics need to be addressed in order to cover, as extensively as possible, the legal issues generally raised during an arbitration based on an international investment agreement. First, even though the stare decisis rule does not exist in international arbitration, including investment arbitration, previous rulings are often used and analyzed by arbitrators. Second, when dealing with investment arbitration, it is likely that the claim will be treaty based. Finally, and most importantly, in international investment disputes, arbitral tribunals rely on all the sources of public international law identified in Article 38(1) of the Statute of the International Court of Justice, which provides for the Court to apply.

Climate Change and Maritime Boundaries

2021 ◽  
Author(s):  
Snjólaug Árnadóttir
Keyword(s):  
Climate Change ◽  
Ocean Acidification ◽  
International Law ◽  
Marine Environment ◽  
Coastal Ecosystems ◽  
Public International Law ◽  
Sea Levels ◽  
Future Challenges ◽  
Core Concepts ◽  
Emerging Issues

Coastal States exercise sovereignty and sovereign rights in maritime zones, measured from their coasts. The limits to these maritime zones are bound to recede as sea levels rise and coastlines are eroded. Furthermore, ocean acidification and ocean warming are increasingly threatening coastal ecosystems, which States are obligated to protect and manage sustainably. These changes, accelerating as the planet heats, prompt an urgent need to clarify and update the international law of maritime zones. This book explains how bilateral maritime boundaries are established, and how coastal instability and vulnerable ecosystems can affect the delimitation process through bilateral negotiations or judicial settlement. Árnadóttir engages with core concepts within public international law to address emerging issues, such as diminishing territory and changing boundaries. She proposes viable ways of addressing future challenges and sets out how fundamental changes to the marine environment can justify termination or revision of settled maritime boundaries and related agreements.

scholarly journals Immunity of International Organizations from the Perspective of International Law

2016 ◽  
Vol 9 (1) ◽  
pp. 41
Author(s):  
Fatemeh Mihandoost
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Organizations ◽  
State Courts ◽  
Government Officials ◽  
Legal Concept ◽  
Public International Law ◽  
Foreign State ◽  
The Government ◽  
Or Organization

<p>The purpose of this study is to identify the international immunity and its type. We also sought to evaluate the immunity of international organizations from the perspective of international law in this study. International organizations have immunity in the implementation of their programs and tasks. In fact, one of the principles of public international law is immunity that prevents the presence of a foreign state in state courts. In some cases, there is a possibility of cancellation of immunity and in other cases withdrawal of immunity is derived from a political mission. These cases include accepting to solve the commercial dispute through arbitration because contrary to the authority of the state judge, judgment to address the dispute is not one of the government figures; therefore, government summoned to court of arbitration is not considered as a violation of state sovereignty. In practice, immunity has changed over the time. In other words, immunity has been modified over time. Research method used in this article is a review of the literature and interviews with experts who examine and compare the rules and regulations and the existing notes at home and abroad, about the immunity of international organizations. In the current situation, international general discipline is contrary to this subject that the government or organization holding immunity, while being aware of that, definitely accepts the condition of turning to a referee, which attracts the other party’s confidence, and then refers to immunity in some stage of inspection or while implementing the sentence. The legal concept of immunity, in general, is the sense that its owner is immune from prosecution, law enforcement, and government officials and they will not be able to chase the holder of such immunity.</p>

Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standards of Proof

2019 ◽  
Vol 2 (2) ◽  
pp. 1-52
Author(s):  
Kabir Duggal ◽  
Wendy W. Cai
Keyword(s):  
International Law ◽  
Burden Of Proof ◽  
Valuable Insight ◽  
International Court Of Justice ◽  
Public International Law ◽  
Investment Arbitration ◽  
Court Of Justice ◽  
International Court ◽  
Standards Of Proof ◽  
Insight Into

AbstractPrinciples of Evidence in Public International Law as Applied by Investor-State Tribunals explores the fundamental principles of evidence and how these principles relating to burden of proof and standards of proof are derived.By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally. Each principle is analyzed through historical and modern lenses to provide clarity and cohesion in understanding how fundamental principles of evidence will affect evidentiary dispositions of parties in investment arbitration and public international law cases.

La place de la coutume internationale en droit public français

2013 ◽  
Vol 12 (2) ◽  
pp. 267-271 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
International Law ◽  
Case Law ◽  
Public Law ◽  
Legal Order ◽  
Constitutional Court ◽  
International Treaty ◽  
Public International Law ◽  
Customary International Law ◽  
The Status

Abstract Bernard Stirn’s presentation examines the status of international custom in French public law. He notes that international custom may be considered as covered by the reference in the preamble of the Constitution to the rules of public international law. He underlines the increased effects of international custom in the French domestic legal order as enshrined in the latest developments of the case-law of the Conseil d’Etat. He stresses that whilst French administrative judges may set aside a law in the event of a conflict with the provisions of an international treaty, they do not possess a similar power in the case of a conflict with a rule of customary international law. He concludes by citing cases in which the French constitutional court has made reference to international custom.

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