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Extending this analysis of their acclaimed 1975 work, Weston and Lillich (with the addition of David Bederman) bring the log of international claims up to 1995. This volume provides authoritative translations and annotations of lump sum agreements concluded between 1975 and 1995 (and hitherto unavailable agreements concluded before 1975). Detailed commentary includes analysis of such issues as eligible claimants, substantive bases of claims, and standards of compensation under the agreements. The authors leave no doubt of the continued importance of lump sum agreements to international claims practice and the dynamic law of State responsibility. Published under the auspices of the Procedural Aspects of International Law Institute (PAIL).For more information about PAIL please go to pail-institute.org. Published under the Transnational Publishers imprint.
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
"A sequel to International claims : their settlement by lump sum agreements"--P. ix.
The Nazis and their state-sponsored cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them and who often had been complicit in their persecution. While the return of Nazi-looted art has garnered the most media attention, and there have been well-publicized settlements involving stolen Swiss bank deposits and unpaid insurance policies, there is a larger piece of Holocaust injustice that has not been adequately dealt with: stolen land and buildings, much of which today still remain unrestituted. This book is about the less publicized area of post-Holocaust restitution involving immovable (real) property confiscated from European Jews and others during World War II. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of pre-war private, communal and heirless property stolen in the Holocaust. The outcome was the issuance by 47 states of the Terezin Declaration on Holocaust Era Assets and Related Issues, which aimed, among other things, to "rectify the consequences" of the wrongful property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyses how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration, issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI) to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.
The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.
This volume provides a detailed and concrete analysis of how human rights complaints mechanisms can be accessed by refugees, asylum-seekers, and internally displaced persons. The guide offers a thorough explanation of the United Nations human rights treaty bodies, with a focus upon the four committees authorized to receive communications from individuals. Detailed information is provided concerning procedural requirements, while the treaties are analyzed for their relevance to the forcibly displaced. United Nations mechanisms are also examined, with an emphasis on the thematic and country special procedures of the Commission on Human Rights. Published under the auspices of the Procedual Aspects of International Law Institute (PAIL). For more information about PAIL please go to pail-institute.org . Published under the Transnational Publishers imprint.
The Cuban model of communism has been an inspiration—from both a positive and negative perspective—for social movements, political leaders, and cultural expressionists around the world. With changes in leadership, the pace of change has accelerated following decades of economic struggles. The death of Fidel Castro and the reduced role of Raúl Castro seem likely to create further changes, though what these changes look like is still unknown. For now, Cuba is opening in important ways. Cubans can establish businesses, travel abroad, access the internet, and make private purchases. Paths for Cuba examines Cuba’s internal reforms and external influences within a comparative framework. The collection includes an interdisciplinary group of scholars from around the world to explore reforms away from communism.
Volume 26 in the Procedural Aspects of International Law Monograph Series The Law and Process of the U.N. Human Rights Committee focuses attention how the Committee functions as a decision-making body and brings to light troubling flaws in the Committee’s operations that may undermine its ability to induce compliance. Published under the auspices of the Procedural Aspects of International Law Institute (PAIL). For more information about PAIL please go to Pail-Institute.org. Published under the Transnational Publishers imprint.
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