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What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.
What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH).
The Nijhoff International Investment Law Series presents important, high-quality and original research in the field of international investment law. Although formally a part of international law generally, international investment law has become an independent field of research, crossing the boundaries between public international law, international commercial law, and domestic public law. The Series therefore covers international investment law in a relatively broad sense, including research on the substantive aspects of international investment law and the dispute settlement aspects, i.e., international investment arbitration.
The Series also covers research on interactions between international investment law and other areas of international law and domestic law, both private and public, including international economic and trade law, general public international law, international commercial law and arbitration, international environmental law, human rights, or domestic constitutional and administrative law. It is open to doctrinal analysis as well as theoretical, conceptual, and interdisciplinary approaches to international investment law, including law and economics analysis, empirical analysis, historical analysis, political science analysis, or normative analysis.
The Series will consider Works in, although not limited to, the following areas:
• Standards of treatment
• International investment arbitration
• Regionalism in international investment law
• Interaction between international investment law and domestic law
• Private law approaches to international investment law and arbitration
• Public law approaches to international investment law and arbitration
• Compensation and reparation in international investment law
• Responsibility and accountability of multinational corporations in international investment law
• International investment law and sustainable development
• Industry-specific or country-specific studies
• Doctrinal, conceptual, and interdisciplinary approaches
Proposals may be submitted to Publishing Director Marie Sheldon at Sheldon@brill.com.
The Series also covers research on interactions between international investment law and other areas of international law and domestic law, both private and public, including international economic and trade law, general public international law, international commercial law and arbitration, international environmental law, human rights, or domestic constitutional and administrative law. It is open to doctrinal analysis as well as theoretical, conceptual, and interdisciplinary approaches to international investment law, including law and economics analysis, empirical analysis, historical analysis, political science analysis, or normative analysis.
The Series will consider Works in, although not limited to, the following areas:
• Standards of treatment
• International investment arbitration
• Regionalism in international investment law
• Interaction between international investment law and domestic law
• Private law approaches to international investment law and arbitration
• Public law approaches to international investment law and arbitration
• Compensation and reparation in international investment law
• Responsibility and accountability of multinational corporations in international investment law
• International investment law and sustainable development
• Industry-specific or country-specific studies
• Doctrinal, conceptual, and interdisciplinary approaches
Proposals may be submitted to Publishing Director Marie Sheldon at Sheldon@brill.com.
Toward a Principled Treatment of Double Compensation
Author:
This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including:
- What requirements must be met for the problem to arise?
- What have others said and done about the problem?
- What is the most effective way to tackle it?
Toward a Principled Treatment of Double Compensation
Author:
This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including:
- What requirements must be met for the problem to arise?
- What have others said and done about the problem?
- What is the most effective way to tackle it?
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
Author:
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of ... disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The work also develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
Author:
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of ... disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The work also develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Author:
Fernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent “in principle” to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle.
Author:
Fernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent “in principle” to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle.
Toward China’s Development Goals
Author:
China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
Toward China’s Development Goals
Author:
China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
Volume 40 (2022)
Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 40 of the Year Book contains a collection of essays dedicated to the memory of the late H.E. Judge James Crawford AC SC FBA. In addition to a long and distinguished career as an academic, practitioner, arbitrator, and judge, Judge Crawford was a friend and mentor to many. The essays in this collection reflect on some of his numerous contributions to the field of public international law and particularly to international law in Australia.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 40 of the Year Book contains a collection of essays dedicated to the memory of the late H.E. Judge James Crawford AC SC FBA. In addition to a long and distinguished career as an academic, practitioner, arbitrator, and judge, Judge Crawford was a friend and mentor to many. The essays in this collection reflect on some of his numerous contributions to the field of public international law and particularly to international law in Australia.
Volume 40 (2022)
Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 40 of the Year Book contains a collection of essays dedicated to the memory of the late H.E. Judge James Crawford AC SC FBA. In addition to a long and distinguished career as an academic, practitioner, arbitrator, and judge, Judge Crawford was a friend and mentor to many. The essays in this collection reflect on some of his numerous contributions to the field of public international law and particularly to international law in Australia.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 40 of the Year Book contains a collection of essays dedicated to the memory of the late H.E. Judge James Crawford AC SC FBA. In addition to a long and distinguished career as an academic, practitioner, arbitrator, and judge, Judge Crawford was a friend and mentor to many. The essays in this collection reflect on some of his numerous contributions to the field of public international law and particularly to international law in Australia.
Volume 7 (2022), Published under the auspices of Queen Mary University of London and EFILA
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Volume 7 (2022), Published under the auspices of Queen Mary University of London and EFILA
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Volume Editor:
Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
Volume Editor:
Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.