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Abstract
In the book’s concluding chapter, Attila Tanzi reflects on the combination of the Court’s overall ‘preservative rationale’ with its ‘restorative-distributive justice’ approach to issues of reparation, while at the same time offering insightful comments on the preceding chapters.
This chapter investigates the importance and function of the investor’s good faith in investment arbitration. Good faith, a bona fide general principle of law, operates at several stages of the proceedings and gives rise to different more specific doctrines. Ascertainment of the investor’s good faith and the investment’s legality informs the tribunal’s determinations regarding its own jurisdiction, the claim’s admissibility, the State’s liability and the quantum of compensation. The chapter illustrates the role of good faith and its proximate declensions (estoppel, clean hands), accounting for the tribunals’ preference for nuanced solutions. The chapter also addresses the principle’s new frontier, relating to the investor’s compliance with standards of international law (which transcends the simple requirement of domestic legality). Ultimately, good faith is portrayed also as an interpretive benchmark rather than an autonomous rule of conduct: the case law shows that ‘bad-faith defences’ raised by the host State may steer the tribunal’s use of the applicable law and weaken – if not altogether bar – the investor’s claim.
A Framework for Sharing
Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years.
It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim.
This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.
It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim.
This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.
A Framework for Sharing
Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years.
It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim.
This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.
It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim.
This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.