Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.

Law. --- Commercial law. --- Administrative law. --- Public international law. --- Public International Law. --- Administrative Law. --- Commercial Law. --- Investments, Foreign (International law) --- Commercial treaties. --- International commercial arbitration. --- Environmental law, International. --- International environmental law --- International law --- Common heritage of mankind (International law) --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Law and legislation --- Public International Law . --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Administration --- Law, Administrative --- Public administration --- Public law --- Constitutional law --- Law of nations --- Nations, Law of --- Public international law

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

It is a settled rule of international law that a State may not rely on the provisions of its 'internal law' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable 'counter-limit' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.

International and municipal law. --- International law --- Law --- Municipal and international law --- Influence --- International law influences

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailed analysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Public international law. --- Human rights. --- Private international law. --- Conflict of laws. --- International criminal law. --- Law—Europe. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Public International Law . --- Human Rights. --- Private International Law, International & Foreign Law, Comparative Law . --- International Criminal Law . --- European Law. --- Dispute Resolution, Mediation, Arbitration. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law of nations --- Nations, Law of --- Public international law --- Law --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law and legislation --- Civil law --- Provisional remedies. --- International courts. --- Civil procedure (International law) --- Civil procedure in international courts --- International civil procedure --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Civil procedure --- Remedies (Law)

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Legal theory and methods. Philosophy of law --- Comparative law --- European law --- International private law --- International law --- Human rights --- Public law. Constitutional law --- Criminal law. Criminal procedure --- Law of civil procedure --- mensenrechten --- rechtsvergelijking --- meditatie --- Europees recht --- internationaal recht --- conflictbemiddeling --- publiek recht --- internationaal privaatrecht --- Europe