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Increasingly today nation-states are entering into agreements that involve the sharing or surrendering of parts of their sovereign powers and often leave the cession of authority incomplete or vague. But until now, we have known surprisingly little about how international actors design and implement these mixed-sovereignty arrangements. Contracting States uses the concept of "incomplete contracts"--agreements that are intentionally ambiguous and subject to future renegotiation--to explain how states divide and transfer their sovereign territory and functions, and demonstrate why some of these arrangements offer stable and lasting solutions while others ultimately collapse. Building on important advances in economics and law, Alexander Cooley and Hendrik Spruyt develop a highly original, interdisciplinary approach and apply it to a broad range of cases involving international sovereign political integration and disintegration. The authors reveal the importance of incomplete contracting in the decolonization of territories once held by Europe and the Soviet Union; U.S. overseas military basing agreements with host countries; and in regional economic-integration agreements such as the European Union. Cooley and Spruyt examine contemporary problems such as the Arab-Israeli dispute over water resources, and show why the international community inadequately prepared for Kosovo's independence. Contracting States provides guidance to international policymakers about how states with equally legitimate claims on the same territory or asset can create flexible, durable solutions and avoid violent conflict.
The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
This open access book aims to set an agenda for research and action in the field of Digital Humanism through short essays written by selected thinkers from a variety of disciplines, including computer science, philosophy, education, law, economics, history, anthropology, political science, and sociology. This initiative emerged from the Vienna Manifesto on Digital Humanism and the associated lecture series. Digital Humanism deals with the complex relationships between people and machines in digital times. It acknowledges the potential of information technology. At the same time, it points to societal threats such as privacy violations and ethical concerns around artificial intelligence, automation and loss of jobs, ongoing monopolization on the Web, and sovereignty. Digital Humanism aims to address these topics with a sense of urgency but with a constructive mindset. The book argues for a Digital Humanism that analyses and, most importantly, influences the complex interplay of technology and humankind toward a better society and life while fully respecting universal human rights. It is a call to shaping technologies in accordance with human values and needs.
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.
Die Zeitschrift bietet der Erforschung der europäischen Interaktionen und der geistig-sozialen Prozesse übergreifenden Charakters ein Forum, aber auch Studien zur Ausstrahlung Europas nach Außereuropa. Jeder Band des Jahrbuchs ist einem Kernthema gewidmet, ohne dass dies die Aufnahme "sonstiger" Beiträge ausschließt. Die Zeitschrift enthält Forschungsberichte zu ausgewählten Themen. Durch eine Auswahlbibliographie des im zurückliegenden Jahr erschienenen einschlägigen Schrifttums und eine Rubrik, in der sich Europa-Institute und Europa-Projekte des In- und Auslands vorstellen, wird sein informativer Charakter noch unterstrichen.