bluuebunny/crossref_metadata_2025_split huggingface dataset:
THE DIPLOMATIC PROTECTION OF FOREIGN INVESTORS: A TALE OF JUDICIAL CAUTION
Authors: Muchlinski Peter 
Published: September 2009

AbstractThis chapter reviews the use of diplomatic protection as a means of vindicating the rights of foreign investors. It is an appropriate time to reconsider the issue as the International Court of Justice (ICJ) will have to determine the current scope of general international legal protection for foreign investors in the continuing Diallo case. In the overwhelming majority of cases, a method other than diplomatic protection will be used to settle investment disputes. Nonetheless, given that cases such as that concerning Diallo can arise from time to time, the ICJ may need to provide some means by which such disputes can be effectively resolved. However, given the sensitive sovereignty issues in such cases, it would be no surprise if the ICJ avoids getting into the details of international investment law and gives a narrow fact-based decision in Diallo without engaging in judicial creativity, preferring to leave the further development of investor protection rights to treaty-based regimes.
CLAIMS OF SHAREHOLDERS IN INTERNATIONAL INVESTMENT LAW
Authors: Smutny Abby Cohen 
Published: September 2009

AbstractThis chapter describes some of the considerations to be taken into account in evaluating the standing of a shareholder to present claims for losses incurred due to interference with the company's assets, addressing the regime under customary international law as well as several significant decisions under investment treaties. Protections under customary international law and protections under treaties are considered.
IDENTIFY OR DEFINE? REFLECTIONS ON THE EVOLUTION OF THE CONCEPT OF INVESTMENT IN ICSID PRACTICE
Authors: Gaillard Emmanuel 
Published: September 2009

AbstractThis chapter examines two competing methodologies for the assessment of the existence of an investment. It then discusses the factors to be taken into account in the assessment of the existence of an investment. It considers the concept of contribution to the economic development of the host State and the concept of positive and significant contribution to the economic development of the host State.
PREMATURE TREATY CLAIMS
Authors: Spiermann Ole 
Published: September 2009

AbstractRecently, Christoph Schreuer has written, together with Rudolf Dolzer, about the weight given by some tribunals to the investor's neglect of local remedies that ‘this issue is far from settled’. This chapter shows that leaving aside the umbrella clause, Schreuer has actually welcomed the underlying applications of substantive standards that, in specific circumstances, have caused, if not dictated, tribunals to seize on the investor's neglect of local remedies. Once echoes of a general requirement of exhaustion of local remedies no longer linger in our minds, the issue might actually be settling down comfortably.
THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW
Authors: Schwebel Stephen M. 
Published: September 2009

AbstractIn 2004, the United States government adopted and published a Model Bilateral Investment Treaty that substantially revised the Model Bilateral Investment Treaty previously employed by it in negotiations with other governments over the conclusion of bilateral investment agreements. It has subsequently used the 2004 Model BIT in negotiating bilateral investment treaties, and investment chapters of free trade agreements, with other governments. This chapter focuses on a single provision stating that the ‘fair and equitable treatment includes the obligation not to deny justice’. The result of this specification is that the standard of fair and equitable treatment that is a paramount standard of bilateral investment treaties the world over is reduced in the US Model BIT to (i) ‘the customary international law minimum standard of treatment’ and (ii) ‘the obligation not to deny justice’.
INVESTMENT RULES IN REGIONAL INTEGRATION AGREEMENTS IN LATIN AMERICA: THE CASE OF THE ANDEAN PACT/ANDEAN COMMUNITY
Authors: Hummer Waldemar 
Published: September 2009

AbstractThis chapter focuses on the approach of the Andean States to the treatment of foreign investment capital, which underwent a fundamental change in the course of time. A common regime for the treatment of foreign investment which has now been in place for more than seventeen years was successively liberalized, and, although it is today characterized by a sufficient degree of openness, should be modified again and adjusted to the prevailing requirements of an ever more strongly globalized world economy. Despite several attempts, no separate comprehensive investment regime for the Andean region has been elaborated to date, so that the three different systems continue to exist side by side and compete with one another: (a) alongside the common rules of Decision 291, there are (b) national provisions which have not been harmonized yet, as well as (c) still applicable investment protection agreements (BITs) concluded by individual Andean States.
THE ‘PROVISIONAL APPLICATION’ OF THE ENERGY CHARTER TREATY
Authors: Hafner Gerhard 
Published: September 2009

AbstractIn the course of recent arbitration cases such as Ioannis Kardassopoulos v Georgia, Petrobart Limited v The Kyrgyz Republic, Plama Consortium Limited v Republic of Bulgaria, as well as three arbitrations under the Energy Charter Treaty which have been brought by certain corporate entities (Hulley Enterprises Ltd, Yukos Universal Ltd, and Veteran Petroleum Ltd) against the Russian Federation, questions have been raised as to the provisional application of the Energy Charter Treaty (ECT). This chapter scrutinizes this kind of application of the ECT. In recent times, the European Union has rather frequently resorted to this procedure, in particular as far as mixed agreements are concerned, since their entry into force requires the ratification of all Member States of the European Union and the increasing number of Member States delays the entry into force considerably.
THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE
Authors: Qureshi Asif H. 
Published: September 2009

AbstractThe existence of a national security escape clause in bilateral investment treaties (BITs) has given rise in investment arbitration to a number of concerns in terms of its scope, process of review, and interpretation. It is settled now that the provision of ‘national security’ now encompasses ‘severe economic crises’. This chapter considers three general points from a development perspective, namely: the objective review of the economic emergency security defence in BITs; the interpretative approach to the economic emergency security defence in BITs; the processes involved in the interpretation of the economic emergency security defence in BITs.
RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Authors: Wildhaber Luzius , Wildhaber Isabelle 
Published: September 2009

AbstractThe guarantee of the protection of property, contained in Article 1 of Additional Protocol No. 1, has become — after Article 6 ECHR — the second most frequently invoked guarantee of the Convention. This chapter first begins by presenting the jurisprudence describing the Convention notion of protection of property generally. It then discusses illustrative case law concerning the concept of ‘legitimate expectations’, social security claims, and the way some well-known recent judgments approach the interpretation of Article 1 of Protocol No. 1. It selects four categories of very recent cases and discusses them. The discussion demonstrates that the Strasbourg Court has encountered exaggerated formalism, chicanery, tricks, or plainly arbitrary acts by State authorities.
HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY
Authors: Simma Bruno , Kill Theodore 
Published: September 2009

AbstractUnder customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the subject of interpretation. Rules fitting this description are referred to as ‘external rules’ in relation to the treaty being interpreted. This chapter explores the possibility that investment tribunals may take international human rights law into account as such external rules when interpreting the treaties upon which investor claims are based. Section B discusses the practice of the International Court of Justice (ICJ) in looking to external rules of international law as interpretative aids. Section C examines Article 31, paragraph 3, sub-paragraph c (Article 31(3)(c)) of the 1969 Vienna Convention on the Law of Treaties. Section D briefly sets out the ways in which international human rights law can inform the interpretation of BITs, based on our analysis of ICJ case law and Article 31(3)(c).
CONTINUITY AND DISCONTINUITY IN INTERNATIONAL DISPUTE SETTLEMENT
Authors: Crawford James 
Published: September 2009

AbstractThis chapter argues that the ‘brave new world’ of international dispute settlement turns out to have a great deal of the old world in it too. International law expands through processes of accumulation and accretion rather than of displacement, as domestic legal systems commonly develop. It is not infrequent that States are bound by multiple obligations contained in coexisting international instruments, so that the same conduct of a State may be susceptible of breaching more than one obligation at a time. Multiple obligations regulating the same conduct are perfectly capable of coexistence, with displacement occurring in cases of inconsistency, displacement which will be governed by the principles of lex specialis and lex posterior. Equally, States may be subjected, at the same time, to multiple dispute settlement mechanisms with respect to the same conduct, all of which are susceptible of coexistence lacking any manifest inconsistency. There is a real conflict in the context of different tribunals acting consistently with one another and maintaining the fabric of the law, a problem which is arising with increasing frequency.
PRECEDENT IN INVESTMENT TREATY ARBITRATION
Authors: Sureda Andrés Rigo 
Published: September 2009

AbstractThis chapter reviews how arbitral tribunals have dealt with precedent, in particular how they have weighed its relevance, and the role of values and doctrine in shaping precedent. It argues that to the extent that tribunals apply international law, judicial decisions are at least evidence of what the law is. When tribunals elaborate their reasons for finding support in a particular precedent or explaining why it is not relevant to the issues under consideration, this contributes to the certainty of the law and its development. In this respect, precedents ignored or accepted without reasoning are missed opportunities.
THE SAGA OF CMS:RES JUDICATA,PRECEDENT, AND THE LEGITIMACY OF ICSID ARBITRATION
Authors: Brower Charles N. , Ottolenghi Michael , Prows Peter 
Published: September 2009

AbstractThe spate of recent investment arbitration cases against repeat-respondent States, as well as the increasingly strident legal and political pushback these cases have begun to engender, call into question in various ways whether ICSID arbitration will continue to be a useful and legitimate forum for resolving international disputes. This chapter evaluates the continued viability of ICSID arbitration in light of these developments. Section A describes the relative legal finality and binding nature of ICSID awards as compared to other forms of adjudicating international disputes and observes that an individual ICSID award entails one of the legally most final and binding dispositions in international law, subject only to a few narrow ‘remedies’ against an award (the most notable being annulment). Section B describes that there is no formal general doctrine of binding precedent or stare decisis in ICSID arbitration and thus how an ICSID award, final and binding though it may be for an individual case, does not bind subsequent tribunals faced with the same or similar issues. Finally, it discusses the recent decision by the ad hoc (annulment) committee in CMS Gas Transmission Co v Argentine Republic, which shows that the ICSID system not only maintains the finality of individual awards, but also provides an opportunity for such a committee at least to comment on the reviewed tribunal's application of the law in a particular case and thus contribute to the corpus of international investment law.
COMPLIANCE WITH INVESTMENT TREATIES: WHEN ARE STATES MORE LIKELY TO BREACH OR COMPLY WITH INVESTMENT TREATIES?
Authors: Hirsch Moshe 
Published: September 2009

AbstractThe ongoing increase in investment treaties raises more questions regarding compliance with their provisions. This chapter discusses the major international relations approaches to this important question (the realist approach, the liberal perspective, and the constructivist approach). Each theoretical perspective presents a different conception of international investment law, and a different set of factors for analysing the prospects of compliance with or violation of international investment treaties.
HUMAN RIGHTS, CONSTITUTIONALISM, AND ‘PUBLIC REASON’ IN INVESTOR-STATE ARBITRATION
Authors: Petersmann Ernst-Ulrich 
Published: September 2009

AbstractThis chapter uses the example of investor–State arbitration concerning private water services in a brief discussion of the applicable law, and the role of the judge in the settlement of international investment disputes involving human rights. It argues that the independence and impartiality of ‘public law judges’ require them to interpret investment law in conformity with the human rights obligations of the States concerned and to justify their judgments by ‘inclusive public reason’, taking into account all interests affected by the dispute.
THE FUTURE OF INVESTMENT ARBITRATION
Authors: Reinisch August 
Published: September 2009

AbstractThis chapter reflects on the current state and possible future of investment arbitration in international economic law. It begins by analyzing why this system is so appealing and so widely accepted. It then considers the developments that may threaten the integrity of the investment arbitration process and ultimately lead to a loss of confidence by the users of this system, that is, investors and States. Only after such a critical examination will it be possible to make an informed judgement on the future of investment arbitration. The chapter addresses the damaging potential of inconsistent case law and poorly reasoned opinions in order to assess the requirements of a dispute settlement system which retains acceptance through predictability and fairness.
The English Parliaments of Henry VII 1485-1504
Authors: Cavill P. R. 
Published: September 2009

Abstract
This study offers a major reinterpretation of early Tudor constitutional history. According to the grand ‘Whig’ tradition, the parliaments of Henry VII were a disappointing retreat from the onward march of liberty towards parliamentary democracy. The king was at best indifferent and at worst hostile to parliament; its meetings were cowed and quiescent, subservient to the royal will. Yet little research has tested these assumptions. Drawing on extensive archival research, this study challenges existing accounts and revises our understanding of the period. Neither to the king nor to his subjects did parliament appear to be a waning institution, fading before the waxing power of the crown. For a ruler in Henry's vulnerable position, parliament helped to restore royal authority by securing the good governance that legitimated his regime. For his subjects, parliament served as a medium through which to communicate with the government and to shape—and, on occasion, criticize—its policies. Because of the demands parliament made, its impact was felt throughout the kingdom, among ordinary people as well as among the elite. Cooperation between subjects and the crown, rather than conflict, characterized these parliaments. While for many scholars parliament did not truly come of age until the 1530s, when—freed from its medieval shackles—the modern institution came to embody the sovereign nation state, in this study Henry's reign emerges as a constitutionally innovative period. Ideas of parliamentary sovereignty were already beginning to be articulated. It was here that the foundations of the ‘Tudor revolution in government’ were being laid.
Legitimation
Authors: Cavill P. R. 
Published: September 2009

Abstract
Part I is concerned with the king and his regime. Chapter 1 examines parliament as a political event, summoned by the crown to communicate royal policies and to foster loyalty to the regime. It discusses parliament first as a venue for the public performance of government: ceremonies that took place during sessions are analysed; the king's duty of consultation is explored. Next it discusses parliament's role in addressing the problem of royal insecurity. Particular attention is paid to the legitimation of the royal title and to the consolidation of the succession. The punishment of disloyalty through acts of attainder is then discussed. The reaction in parliament to acts of attainder is considered, as is the reversal of such acts in subsequent sessions.
Income
Authors: Cavill P. R. 
Published: September 2009

Abstract
Chapter 2 examines parliament in the context of crown finances. It distinguishes between the crown's ordinary income and its extraordinary income, granted by a parliament for a particular purpose. It discusses crown lands first in the light of acts of resumption. It considers customs levies authorized in Henry's first parliament, are discussed. Efforts to improve income from this source by raising customs rates and reducing customs evasion. Extraordinary grants of taxation, made in later parliaments, are then discussed. Particular attention is paid to the evolution of the lay subsidy through the crown's attempts to revise the terms of fifteenths and tenths. The opposition these reforms provoked in parliament is examined.
Representation
Authors: Cavill P. R. 
Published: September 2009

Abstract
Part II examines parliament from the subjects' perspective. Chapter 4 addresses representation in parliament by studying the composition and membership of the two houses. It discusses the Lords first, and using the nature of the parliamentary peerage, the issuing of writs of summons, the attendance record of individual lords, and the presence of law officers. Turning to the Commons, it discusses the conduct of elections in constituencies examining.the extent of the parliamentary franchise, the nature of contested elections, and the character of external interventions. Then the members of parliament are discussed. The careers of the men sitting in the Commons, their various reasons for serving, and their relationships with those whom they were representing are explored. MPs' activities at parliament are also touched on. In conclusion, the chapter considers the representativeness of the institution.
Law‐Making
Authors: Cavill P. R. 
Published: September 2009

Abstract
Chapter 5 analyses the development of new laws and their passage through parliament. It first discusses bicameralism, bill procedure, in turn addressing the drafting of proposals, the introducing of measures into one house, the adopting of measures by the other house, the making of amendments, the adding of provisos, and the giving of the royal assent. Next it explores lobbying, and the means by which petitioners persuaded royal councillors and others sitting in parliament to support proposals. Then the types of laws that were enacted are discussed. The distinction between public legislation and private legislation is analysed. The identities of individuals and interest groups putting forward legislation and their reasons for so doing are examined.
The Illusion of Decline
Authors: Cavill P. R. 
Published: September 2009

Abstract
Part III explores the effect of the new monarchy on parliament's standing as an institution. Chapter 7 debates the character of Henry VII's relationship with parliament. It first discusses why the king summoned only one parliament in the last twelve years of his reign. Attitudes towards the frequency of parliaments are considered. Next it discusses the implications for parliament of the crown's efforts to improve its ordinary income. The revival of feudalism and the reassertion of the royal prerogative are considered. Particular attention is paid to the crown's request for a feudal aid in 1504. Then it discusses perceived parallels between the English parliament and representative assemblies in other European states at this time. Particular attention is paid to the estates general of France and to the Scottish parliament.
The Evolution of Parliament
Authors: Cavill P. R. 
Published: September 2009

Abstract
Chapter 8 locates the institution in Henry VII's reign within a broader account of the evolution of parliament. It first discusses the emergence of a parliamentary trinity, and examines procedural developments in the drafting of proposals, in the amendment of bills and petitions, and in the royal assent. Next it considers parliament's relationship with other branches of government. Parliament's status as a high court is addressed. The appropriateness of the distinction between a legislature and a judicature is considered. Then some of the possible implications for the polity of these developments are discussed. The chapter examines the significance of this period for the idea of the parliamentary supremacy and for the break with Rome, land it touches on. The ambiguous implications of developments in the early Tudor period for theories of sovereignty.
The Corporate Social Responsibility Agenda
Authors: Crane Andrew , McWilliams Abagail , Matten Dirk , Moon Jeremy , Siegel Donald S. 
Published: September 2009

Abstract
Corporate social responsibility (CSR) has experienced a journey that is almost unique in the pantheon of ideas in the management literature. Its phenomenal rise to prominence in the 1990s and 2000s suggests that it is a relatively new area of academic research. This book seeks to offer such a critical reflection on some of the major debates that coalesce around the subject of CSR. Bringing together a range of voices from within, across, and around the management literature, this book is intended as an authoritative account available on the CSR literature as it stands today, from the world's leading scholars in the area. This introductory article provides an overview of CSR as a subject of academic inquiry, discusses the institutionalization of the CSR literature, and outlines the guiding principles adopted in assembling this book and selecting the contributors.
A History of Corporate Social Responsibility
Authors: Carroll Archie B. 
Published: September 2009

Abstract
The purpose of this article on corporate social responsibility (CSR) concepts and practices, referred to as just ‘social responsibility’ (SR) in the period before the rise and dominance of the corporate form of business organization, is to provide an overview of how the concept and practice of SR or CSR has grown, manifested itself, and flourished. It considers how the CSR concept, expanded from its focus on a few stakeholders, close at hand, to be more far reaching and inclusive, eventually becoming global in scope. In addition, it briefly considers what organizational activities and changes have taken place to accommodate these new initiatives, to the point at which it has become fully institutionalized today. It becomes apparent that today, well into the first decade of the 2000s, CSR in many firms is moving towards full integration with strategic management and corporate governance.