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Author: Yuliya Chernykh
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
At the foundation of international law lies the notion of ius gentium or right of peoples, an idea that fully came into its own with the discovery of America and the effort to resolve the moral issues posed by the Spanish presence. Once Vitoria broadened the Augustinian concept of an international community by proposing the use of reason as the only criterion for membership in that community, it remained to formulate the laws needed to impose order on it. But before accomplishing that task, two questions must be accounted for: what is the nature of the ius gentium, and what is its relation to ius naturale? How theologians, philosophers, jurists sought the answers between 1500 and 1400 is the subject of this essay.
Author: Katrin Buchmann
Buchmann analyses the work of UK, German, Danish and Swedish embassies in the USA and China on climate change in the late 2000s and early 2010s. She relates which coalitions and narratives embassies sought to develop to convince China and the United States that a more progressive climate policy was possible, to achieve gains supporting an agreement under the UNFCCC. This book shows that a key interpretation of climate diplomacy was selling/trade: Europe selling technology “solutions” to solve climate change. In this narrative, Europe has already done what needs to be done and outsourcing of production to China e.g. is ignored. In the USA, embassies entered coalitions with states, faith groups and the military, arguing that a more progressive climate policy was mandated by either God or security concerns. State politicians, including Democrats, often actually didn’t implement any climate policies. Any gains were reversed through climate denial lobbying funded by corporations. Embassies did not address this.
Reconciling Free Movement of Capital with Public Interest Objectives
This book explores how the EU free movement of capital provisions can be interpreted in order to allow certain forms of State participation in the market for the purposes of protecting public interest objectives in the context of privatisations and golden shares. Drawing from the international controversy regarding the risks and benefits of capital liberalisation, the book argues that the broad interpretation of ‘capital restrictions’ under Article 63 TFEU has significant consequences for national political economy choices and investigates the extent to which the existing legal framework set out in the Treaties offers room for reconciling economic integration with societal values.