Origins of Equity

2021 ◽  
pp. 17-28
Author(s):  
Catharine Titi
Keyword(s):  
International Law ◽  
Ancient Greece ◽  
Historical Evolution ◽  
Legal Systems ◽  
Modern Times ◽  
The Past ◽  
Legal Thought ◽  
Ecclesiastical Law ◽  
Hard Law ◽  
Over Time

Equitable considerations have been present in human societies for unfathomable aeons. From ancient Greece and Rome to modern times, through ecclesiastical law and the medieval English Chancery, equity has introduced considerations of fairness in legal thought and has helped mitigate the harshness of draconian laws. What is considered equitable has varied over time, with the equitable innovations of the past typically becoming the hard law of today. The purpose of the chapter is to show equity’s continuity in time and across legal systems, as a stepping stone to the argument presented later in the book that equity is a source of international law. The chapter explains that the distinct ways in which we make sense of equity owe something to its historical evolution in our respective legal systems. Ultimately, the chapter highlights equity’s journey from municipal legal systems to international law.

Wavering Azerbaijani Literati Views of America: From the Russian Tsarist through the Modern Periods

2014 ◽  
Vol 48 (3) ◽  
pp. 839-871
Author(s):  
HAMLET ISAKHANLI
Keyword(s):  
Political Ideology ◽  
Soviet Period ◽  
American People ◽  
The Political ◽  
Modern Times ◽  
The Past ◽  
Creative Writers ◽  
The Usa ◽  
Global Events ◽  
Over Time

The historical thoughts and opinions of one nation regarding another are useful both for the purpose of analyzing global events and for understanding both nations. Until modern times, the Azerbaijani people did not have contact with the USA or widespread knowledge of American people, but throughout the past two centuries elite Azerbaijani thinkers and scholars have expressed interest in America from various viewpoints, including the political, scientific, and educational fields. The article reviews statements about the USA as they are documented in the publications by Azerbaijani historians, journalists, creative writers, educators, and politicians from the 1830s through to contemporary times. Using these documents, and poetry of Soviet times, the article analyzes Azerbaijani perspectives on America, which over time have wavered, both upwards and downwards, but often reflected the prevailing political ideology towards the USA, particularly during the Soviet period.

scholarly journals From Contract to Status: A Comment on Nico Krisch’s The Decay of Consent

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 8-9
Author(s):  
Tom Ginsburg
Keyword(s):  
Nineteenth Century ◽  
World War Ii ◽  
International Law ◽  
Security Council ◽  
International Organizations ◽  
Legal Systems ◽  
World War ◽  
Main Mode ◽  
Formal Equality ◽  
Over Time

In the mid-nineteenth century, the great anthropologist Henry Sumner Maine observed that legal systems tended to move over time from “status to contract” by which he meant that rights and duties were increasingly determined by consent rather than social or demographic factors. Maine’s thesis might have been applied to international law during the long era of high positivism, in which consent became the dominant principle after the Peace of Westphalia. Formal equality of states meant that formal treaties—”contract”—were the main mode of interaction. Even in the post-World War II era, consent played a major role, in part because the Security Council—the chief vehicle for legal exercise of “status”—was anemic. International organizations served as vehicles for the development of multilateral treaties of increasing scope and depth. Status and power were hidden rather than acknowledged elements of the system.

From Cautious Interaction to Mature Influence: China's Evolving Engagement with the International Investment Regime

2020 ◽  
Vol 93 (1) ◽  
pp. 59-88
Author(s):  
Wendy Leutert ◽  
Zachary Haver
Keyword(s):  
International Law ◽  
International Investment ◽  
Central Component ◽  
Belt And Road Initiative ◽  
Bilateral Investment Treaties ◽  
The Past ◽  
Belt And Road ◽  
State Behaviour ◽  
The Belt And Road ◽  
Over Time

As the Belt and Road Initiative expands the global footprint of Chinese firms, Beijing increasingly relies on international law to protect investments overseas. How and why has China's engagement with the international investment regime evolved over the past four decades? This article addresses these questions by examining the central component of the international investment regime: bilateral investment treaties (BITs). Through analyzing China's BIT practice and the security exceptions in 1,173 BITs concluded by both China as well as its treaty partners, this article provides evidence of changing Chinese engagement, from cautious interaction (1978–1991) to active participation (1992–1997), committed implementation (1998–2012), and mature influence (2013–present). As Beijing accepted, applied, and shaped the rules and norms of the BIT system, China's treaty practice co-evolved with the international investment regime. A co-evolutionary approach illuminates why—and how—state behaviour and international orders change over time.

Compensation and Restitution in Investor-State Arbitration

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
International Investment ◽  
Roman Law ◽  
Private Law ◽  
Double Counting ◽  
Legal Systems ◽  
Modern Times ◽  
Recent Trends ◽  
Investment Treaties ◽  
The Impact

This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.

On the uses and advantages of genealogy for international law

2019 ◽  
Vol 33 (1) ◽  
pp. 13-35
Author(s):  
Kate Purcell
Keyword(s):  
International Law ◽  
Radical Change ◽  
Contextual Approach ◽  
The Past ◽  
Normative Framework ◽  
Legal Thought ◽  
History Of ◽  
History Of International Law ◽  
The Relationship ◽  
Cambridge School

AbstractThis article considers the relationship between the uses and forms of history within international law and questions of method in the development of histories of international law. It focuses on the advantages of genealogy as an approach to the history of international law given its capacity to both explain the way in which the law itself makes use of the past and intervene in this.Elaborating on the compatibility between genealogy and elements of the contextual approach to history associated with the ‘Cambridge School’, this article challenges recent suggestions that anachronism is irrelevant, unavoidable, or even a ‘method’ that might be fruitfully embraced in studies of international law’s past directed towards explaining and potentially altering its present. It argues that historians of international law should take the dangers of anachronism seriously, particularly if the histories they develop are to operate as a form of critique and basis for change. Genealogy is a form of history that allows a particularly potent critique of international legal thought and practice. It opens up possibilities for more radical change by questioning and moving beyond the normative framework that usually structures (and limits) calls for reform in international law.

International Law in National Legal Systems: An Empirical Investigation

2015 ◽  
Vol 109 (3) ◽  
pp. 514-533 ◽  
Author(s):  
Pierre-Hugues Verdier ◽  
Mila Versteeg
Keyword(s):  
International Law ◽  
Empirical Investigation ◽  
Legal Systems ◽  
Systems Research ◽  
Legal Obligations ◽  
State Practice ◽  
The World ◽  
The Relationship ◽  
Domestic Law ◽  
Over Time

International legal scholars have long recognized the importance of the rules and processes by which states adhere to international legal obligations and “translate” them into their domestic legal systems. Research by political scientists on specific issue areas likewise increasingly recognizes that domestic implementation is crucial to international law compliance and effectiveness. Yet the lack of systematic data makes it difficult to assemble an overall picture of the relationship between international law and domestic law around the world, let alone to document its evolution over time. Recent qualitative surveys of state practice have begun to fill that gap, but provide only a snapshot in time and are limited to relatively few countries. Some quantitative projects cover more countries, but address only a limited number of questions based solely on the text of national constitutions.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Les héritages chrétiens: quel avenir?

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle Ages ◽  
Critical Analysis ◽  
Religious Affiliation ◽  
The European Union ◽  
Modern Times ◽  
The Past ◽  
Religious Significance ◽  
Politics And Religion

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.

Buddhism in Crisis? Institutional Decline in Modern Japan

2012 ◽  
Vol 28 (2) ◽  
pp. 233-263 ◽  
Author(s):  
Ian Reader
Keyword(s):  
Rural Areas ◽  
Japanese Population ◽  
Public Perceptions ◽  
Japanese People ◽  
Death Rituals ◽  
Modern Times ◽  
The Past ◽  
Modern Cities ◽  
Modern Japan ◽  
Institutional Decline

Concerns that established temple Buddhism in Japan is in a state of crisis have been voiced by priests in various sectarian organizations in recent years. This article shows that there is a very real crisis facing Buddhism in modern Japan, with temples closing because of a lack of support and of priests to run them, and with a general turn away from Buddhism among the Japanese population. In rural areas falling populations have led to many temple closures, while in the modern cities people are increasingly turning away from the prime area in which Japanese people have traditionally engaged with Buddhist temples — the processes of death and their aftermath. Partly this is due to competition from new secular funeral industries, but partly also it is because public perceptions of Buddhism — which has become over-reliant on death rituals in Japan — have become highly negative in modern times. Even practices which have often been seen as areas in which Buddhist temples have been able to attract people — such as pilgrimages — are proving less successful than in the past, contributing further to a sense of crisis that threatens to undermine Buddhism’s roots in Japan.

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