...The arbitration tribunal first analyses article 281 of United Nations Convention on the Law of the Sea. To apply this article, two conditions must be met. 1. The existence of a dispute concerning the interpretation and application of the convention. 2. The absence of an agreement to seek settlement of the dispute by a peaceful means of their own choice. Or, if there were such an agreement, three further conditions must be satisfied. From the analysis above and the position paper handed in by both China and Philippine, the arbitration tribunal then concludes that the contentious issues are: 1. Whether there is a binding agreement 2. Whether a settlement has been reached by resource to the agreed means 3. Whether Declaration on the Code...
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...THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Nina van Limburg Stirum Brouwersgracht 48-1, 1013GX Amsterdam 0621500446 Ninavls@hotmail.com 10127305 Bachelor essay supervisor: Jim Mathis Contents THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Introduction 3 Chapter 1: Expropriation and Nationalization in general 3 Chapter 2: Nationalization under international law 5 1: Public Purpose 6 2: Discrimination 7 3: Due Process 8 4: Compensation 9 Investment Treaties 9 Chapter 3: YPF; Yacimientos Petrolíferos Fiscales 13 Short history 13 April 2012 14 Chapter 4: Nationalization of YPF under international law 15 Access to the ICSID 17 Application of the law 18 Ad. 1: Public interest 18 Ad. 2: Discriminatory measures 19 Ad. 3:In accordance with the law (Due process) 20 Ad. 4: Adequate compensation 20 Conclusion 23 Bibliography 24 Introduction On the 16th April 2012 Argentine president Cristina Fernandez de Kirchner stated that her government was going to renationalize 51 per cent of the 58 per cent share of Yacimientos Petrolíferos Fiscales (YPF) owned by Repsol. YPF is the biggest Argentine oil company, since 1999 partly owned by the Spanish multinational Repsol. After months of negotiations the Argentine government accused Repsol of not investing sufficiently in YPF to maintain or recover reserves. Due to Repsol’s alleged neglect towards YPF the country...
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...systematically target large civilian groups because of their nationality, ethnicity, gender or religion, then the international community began to see the necessity of holding political leaders accountable for their political decisions in a court of law, (Hauss, 2003). After World War II, when the atrocities of the Holocaust became well known, the victorious Allied powers decided to hold war crimes tribunals to punish the political and military leaders of Germany and Japan. The Nuremberg and Tokyo trials were the first of their kind in establishing international precedent for the prosecution of war crimes. Later war crimes that were committed in Yugoslavia and Rwanda resulted in the creation of separate tribunals by the United Nations to punish the leaders who perpetrated these acts. Attempts are being made to set up an International Criminal Court, but several powerful countries, including the United States, have refused to support its establishment. Introduction The history of war crimes tribunals only begins after World War II, when the Nuremberg and Tokyo tribunals were established. The Allied powers of World War I attempted to prosecute war crimes committed by...
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...Arbitration Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.[1] Other forms of ADR include mediation[2] (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle...
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...Treaties and Tribunals Unit 5 IP Cassandra Waller AIU Online November 5, 2011 Treaties and Tribunals Judges and authorized persons investigate and make decisions on a certain affairs given to them using the same standards (Tribunals). A good example of this is when special international criminal tribunals that were established in Yugoslavia and Rwanda by the United Nations to prosecute the ones responsible for the atrocities which happen at war and genocide time. Another example to see what tribunal means is the trials of Saddam Hussein and the other Baath Party officials (Tribunals). Tribunals which are important part in the justice system make contributions in peoples’ lives. They deal with more than 500,000 cases a year. Some of the vulnerable cases are victims of crime, discrimination, treated unfair, persecution, and disputes about tax, employment, and benefit entitlement and they are managed by tribunals. Tribunals help the people recuperate the confidence that they can achieve justice when dealing with the federal, state and international levels. They need institutions that can empower them to work out their disagreements fairly, proportionately, and quickly. Tribunals help problems to be more manageable for the people. Tribunals are also important because two countries are so far away from each other and it helps make the relationship between two countries stronger because they are the checks and balances in the relationship between the two countries....
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...Guadalcazar, acquired a landfill by buying COTERIN, the owner of record of the landfill property as well as the permits and licenses. In May 1994, under SLP’s agreement to support the project, Metalclad started to construct the landfill. However, the state government and local bodies opposed the project on mandatory environmental safety requirements. As a result, the company was asked to apply for a municipal construction permit. The company applied for a permit and completed the landfill in 1995. But the Municipality of Guadalcazar refused Metalclad’s application for a permit and consequently the Governor of the State issued an ecological decree prohibiting the use of waste landfill. At the NAFTA Tribunal, the company argued that Mexico breached Articles and 1110 of NAFTA. The Tribunal decided that Mexico had breached obligations and awarded $16.7 million in damages to Metalclad in August 2000. Analysis International litigation may frustrate the parties by taking years to resolve, costing a great deal of money, and destroying the commercial relationship. For this reason, dispute resolution that does not take place in the courts of any country is a popular option for the settlement of commercial...
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...an active international body. On January 10, 1946, the first General Assembly met at Westminster, London. There were 51 nations represented at this first meeting. One week later, on January 17, the Security Council first met, also in London. The following week, on January 24, the General Assembly adopted its first resolution, focusing on peaceful uses of atomic energy and the elimination of weapons of mass destruction. February 1 of that year saw the appointment of the first Secretary-General, Trygve Lie, from Norway. The UN Headquarters were first established in New York City on October 24, 1949 . The elucidation, development and protection of human rights through the UN has proved to be a seminal event. A range of declarations and treaties has emerged coupled with the establishment of a variety of advisory services and implementations and enforcement mechanisms. Large numbers of studies and...
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...HISTORY OF THE I.C.C The establishment of an international tribunal to judge political leaders accused of war crimes was first made during the Paris Peace Conference in 1919 by the Commission of Responsibilities. The issue was addressed again at conference held in Geneva under the League of Nations on 1–16 November 1937, but no practical results followed. The United Nations states that the General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind committed during World War II in 1948, following the Nuremberg and Tokyo Tribunals. At the request of the General Assembly, the International Law Commission drafted two statutes by the early 1950s but these were shelved as the Cold War made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz, an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, later became a vocal advocate of the establishment of an international rule of law and of an International Criminal Court. In his first book published in 1975, entitled Defining International Aggression-The Search for World Peace, he argued for the establishment of such an international court. The idea was revived in 1989 when A. N. R. Robinson, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international...
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...2009 > hot topics 69 TOPICS HOT L e g a L i s s u e s i n p L a i n L a n g u a g e This is the sixty-ninth in the series Hot Topics: legal issues in plain language, published by the Legal Information Access Centre (LIAC). Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours)...
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...term “jus cogens” refers to norms that command peremptory authority, overriding conflicting treaties and custom, in international law. The modern international law doctrine of jus cogens asserts the existence of fundamental legal norms from which no derogation is permitted.'1 The status of norms of jus cogens as general international law, Onuf and Birney argue, Is not a logical necessity so much as a compelling psycho-logical...
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...Legal system in France France uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). The Conseil d'État sits in the Palais Royal Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, the general rule is that of freedom, and law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, said about what should be the rule in French law: “Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality”. That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. France does not recognize religious law, nor does it recognize religious beliefs as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being...
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...Is America’s opposition to the ICC an unjustifiable justification? Mohamed Kunowah Kiellow From the early nineties up to the present day, international criminal law has made major developments ‘unknown since Nuremberg Tribunal’: norms have been changed, refined or even expanded. Moreover, after the Cold War, institutions have been established and norm-creating judgements passed both domestically and internationally. The setting up of the Yugoslavia and Rwanda Tribunals is an example of such international institutions created. The Pinochet decision is an example of such norm-creating judgements. The adoption of the Rome Statute International Criminal Court, which came into force on 1 July 2002, crystallised all these developments. This day will be a red-letter day in the history of international criminal law. On this day, a permanent international criminal court came into existence. This Court has enjoyed broad and enthusiastic support from governments and non-governmental organisations around the globe. However, not all states were happy about all provisions in the Rome Statute. One major country which refused to ratify this milestone treaty is America; an opposition which many termed as a blow dealt to the effectiveness of the Court. America sees itself as the sole remaining world super power which should be involved in promoting peace all around the world. It is of the conviction that its involvement in peace keeping processes is highly needed if they are to succeed....
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...Competition, 2012 ------------------------------------------------- ------------------------------------------------- In the matter of an Arbitration at, Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause. 2 2. The terms of the contract are broad enough to incorporate associated claims. 3 3. Arguendo, if both forums have jurisdiction...
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...re-payment, right to terminate, termination statements, enforcement of consumer credit agreements, creditor’s remedies, default notices; relevant legislation Agency: definition, types of agent, authority of agent, rights and duties of agent and principal, agent’s liability to third party, termination of agency; relevant legislation 3 Understand the legal rules relating to monopolies, mergers and anti-competitive practices Monopolies and competition in the UK: relevant legislation eg on competition, and Fair Trading; scale monopolies, complex monopolies, restrictive trade practices, Director General of Fair Trading Competition Commission: role of the Commission, appeals tribunal Dominant positions within the EU: treaty provisions, the abuse of a dominant position and enforcement Exemptions: treaty articles and definitions, individual and block exemptions 4 Know the key provisions relating to intellectual property rights Protection of inventions: registration of patents, designs, trademarks and copyright, role of the Patent Office (UK), European Union Patent Office Patents: patent legislation, patent rights, inventions, patents and employees Copyright: copyright legislation, ownership of copyright, duration of copyright, using copyright materials Trademarks and business names: defining trademarks, applying to register a trademark, registering business names...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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