Investor-State Arbitration Tribunals

Page 21 of 21

Filter category

Custom, Public Law and the Human Rights Analogy

Anthea Roberts is a Senior Lecturer in Law at the London School of Economics and a Professor of Law at Columbia Law School. I always enjoy reading Martins Paparinskis’ work and have read enough of it to know that I can count on him to have (1) written about questions that are of interest to me, (2) engaged in careful analysis, and (3) researched the hell out of the issue. Paparinskis’ breadth across investment treaty law, general issues of international law like state responsibility, and case law in specific fields like human rights law, is truly impressive. I don’t plan to push Paparinskis on his central thesis.  Instead I want to ask three broader questions about how international law is developed and interpreted. First, Paparinskis begins and ends his book by endorsing Jennings’ quote that the meaning of rules cannot be deduced a priori but instead “must be hammered out in the practice of Governments and by the familiar process of the development of law through its application…

Read more

The Interpretation and Application of Fair and Equitable Treatment: An Arbitrator’s Perspective

Sir Frank Berman KCMG QC is Visiting Professor of International Law at the University of Oxford and a member of Essex Court Chambers where his practice involves a wide range of international law issues, including international arbitration. There can be no-one active in the field of investment arbitration who hasn’t been challenged, or…

Read more

Investment Tribunals’ Case-by-Case Approach: A Response to Martins Paparinskis

Dr Federico Ortino is Reader in International Economic Law at King’s College London. I will focus my (two) brief remarks on Part II of Martins Paparinskis’ excellent monograph. First, the main argument in Part II (and one of the central themes of the entire work) is that “treaty rules…

Read more

The International Minimum Standard and Fair and Equitable Treatment

Martins Paparinskis is a Junior Research Fellow at Merton College, Oxford. I am grateful to EJIL:Talk! for hosting the discussion of my book, The International Minimum Standard and Fair and Equitable Treatment. I am privileged to have Sir Frank Berman, Federico Ortino, and Anthea Roberts as discussants of…

Read more

Discussion of Martins Paparinskis’s International Minimum Standard and Fair and Equitable Treatment

This week we will be hosting a discussion of Martins Paparinskis’ book The International Minimum Standard and Fair and Equitable Treatment, recently published by Oxford University Press. Martins  is currently a Junior Research Fellow at Merton College, Oxford. Prior to this he was a Hauser Research Scholar at NYU Law School and completed his MJur and…

Read more
  • First
  • Page 21 of 21