As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the [...] read more »
Archive for the 'International Legal Theory and Teaching' Category
Pre-contractual liability- Another look needed: F-W Oil Interests, Inc. v. Republic of Trinidad and Tobago, ICSID Case No. ARB/01/14
It is not easy to get a grip on the vast amount of case-law being churned out by investment treaty arbitration panels. However, if law students wanted examples of the ultimate slap-dash arguments being put together by claimant lawyers, then go no further than to sample some of arguments launched in this case. It is [...] read more »
Kluwer Launches Construction Blog
This week the good folks at Kluwer have launched a new blog, Kluwer Construction Blog. According to the press release,
Managing Editor of the blog, Sarah Thomas, partner and international projects expert at Pinsent Masons, will draw contributions from a panel of pre-eminent construction lawyers and barristers covering Europe, the United States, Canada, Africa, South [...] read more »
Judge Nikken on the potential friction between a state’s obligation to disclose information and foreign investor protections
The relationship between human rights and investment law is all the rage these days in academia. It seems like every week I come across a PhD student or a young academic who is tackling some aspect of the topic.
But, while there are many scholars and writers looking to bridge the two fields, it’s rarer to [...] read more »
Are BITs Representing the “New” Customary International Law in International Investment Law?
For many years, no broad international consensus emerged on the existing protection for foreign investors as a result of differences of approaches between developed and developing States. As a result of this perceived lack of established customary principles, States concluded thousands of bilateral investment treaties in the 1990s for the promotion and the protection of [...] read more »
Can a State claim the status of “persistent objector” in investor-State arbitration?
The question of the existence of legal protection for foreign investors under customary international law has always been controversial. States have indeed entered into BITs precisely because of the lack of development of relevant custom rules in the field of international investment law. It is nonetheless largely agreed today that some rules of customary law [...] read more »
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