New Governance Mechanisms in International Economic Law: The Role of Soft Law

2010 ◽  
Author(s):  
Fiammetta Borgia
Keyword(s):  
International Economic ◽  
Soft Law ◽  
New Governance ◽  
Governance Mechanisms ◽  
Economic Law ◽  
International Economic Law

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

Repräsentative Auslegung völkerrechtlicher Verträge

2019 ◽  
Author(s):  
Alexander Pehl
Keyword(s):  
International Economic ◽  
Trade Agreements ◽  
Vienna Convention ◽  
International Courts ◽  
Economic Law ◽  
Dynamic Interpretation ◽  
International Economic Law ◽  
Important Means ◽  
The Imf

Representative interpretation, meaning an interpretation which is directly attributable to contracting parties, is an important means of guiding the application of agreements and treaties, in particular where international courts and tribunals show a tendency towards dynamic interpretation. In the field of international economic law, the WTO Agreement, the IMF Statute and, in particular, an increasing number of investment and trade agreements contain special interpretative clauses which envisage their representative interpretation. In addition, Article 31 (3) (a) of the Vienna Convention on the Law of Treaties emphasises the authoritative role of agreements between contracting parties regarding the interpretation of treaties. This book sheds light on the background of the representative interpretation of agreements and treaties, examines its effects, explores its limits and assesses its usefulness.

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