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The rules governing the conduct of host States with regards to foreign investors – and, in some instances, which govern the conduct of foreign investors themselves and that of home States – as well as those rules which govern investor–State dispute settlement are largely to be found in international law sources. For that reason, Chapter 2 focuses on the sources of international law as they relate to international investment law and arbitration. In line with the classical dichotomy adopted in public international law as it is reflected in Article 38 of the Statute of the International Court of Justice, it provides an analysis of the primary and subsidiary sources of international investment law and arbitration as well as the interplay between them. As forming part of primary sources, it examines international investment agreements (bilateral investment treaties and free trade agreements containing an investment chapter), customary international law and general principles of law recognised by civilised nations. As regards subsidiary sources, Chapter 2 discusses arbitral awards and the teaching of publicists. In addition to the primary and subsidiary sources of international investment law and arbitration, it also examines the role played by equity and soft law instruments in this field of law.
This chapter introduces the two principal forms of polyphony practiced during the Renaissance: written and extemporized. The transition from manuscript to print culture is perhaps the most significant extramusical determinant for musical practice in the Renaissance period. Examples of manuscript and printed sources (including different kinds of written sources) are examined, and their implications for practice considered. Next, different forms of extemporized practices are introduced and described, including the surviving evidence for them; in turn, their implications for polyphony as a practice are considered. Finally, the two forms of practice are compared, and the relationship between the two. It is clear that most teachers of the time regarded them as interdependent, while viewing the relationship differently.
This chapter introduces the topic in four steps. First, by explaining the research design. Second, by explaining the methodology applied. Third, by discussing a few key aspects related to the sources of law applied. Fourt, the chapter concludes with a section on the concept accountability, and how it can be applied to the relationship between international organizations and individuals.
This chapter engages with international aspects of commercial law. It provides a background introduction to private international law, and an overview of recent developments in major treaties on international trade. The recent US–China trade conflicts and Brexit are also referred to. The chapter then focuses on two specific topics in relation to international sales contracts. The first of these is the Australian rules of private international law in relation to contracts with a foreign element. The chapter examines the theory of private international law, the main treaties on international trade (including Brexit and the Australia–UK Free Trade Agreement), and the key principles for determining the proper law of contract under private international law. The second topic is the international sale of goods. The chapter focuses on the Convention on Contracts for the International Sale of Goods 1980 (CISG, or Vienna Convention), and the Incoterms of the International Chamber of Commerce (ICC).
The relationship of plays to their sources has always been important evidence of chronology, authorship, and the derivation of textual variants. Such evidence has been particularly important to studies of Shakespeare’s early plays. But for centuries source scholarship has been based on random anecdotes: a scholar reading one text notices something about it that reminds them of another text. We can now re-evaluate those anecdotal findings by testing them systematically against digital databases. Such tests establish that Margaret's long speech at the beginning of Scene 2 of The First Part of the Contention is based on a passage in Hall's chronicle, whereas the variants in the Folio text of 2 Henry VI instead draw upon Holinshed's chronicle. This evidence supports revision rather than memorial reconstruction. Likewise, the links between the Contention speech and Edward II are best explained by Marlowe's authorship of both.
. Theories of human rights abound, including substantive (based on moral values or foundational postulates), formal (constructive, pragmatic, discourse), subaltern (human rights as distinctive practices born out of struggle) and post-modern (empathy for the other) approaches, as well as political theories, such as liberal or socialist notions of human rights. It is in particular the purported universality of human rights, i.e. their applicability to everyone, everywhere and anytime, that has given rise to enduring debates. Those often, somewhat misleadingly, labelled ‘cultural relativists’ have raised important challenges regarding the supposed origins, validity, scope of application and politics of human rights.
The role of international organisations in international law-making tends to be downplayed in this largely State-centric world. The practice of UNHCR, however, is reason enough for a more sophisticated appreciation of the role that operational entities can play in stimulating State practice, and of how they may interact with and guide domestic courts in treaty interpretation and application. The ILC's recently completed projects on customary international law and subsequent agreements and practice encourage a cautious approach, but the high degree of judicialisation in refugee decision-making, the strong legal content in the international protection regime and the impact of UNHCR's operational activities open the way for institutional and grass-roots developments, keeping the law in closer touch with social and political realities and with the needs of those displaced.
This chapter is concerned with exploring the mutually constitutive character of the international law of nuclear weapons, and the Cold War and post–Cold War environs in which that law was to be developed. In one direction it is argued that a consensual treaty-based system of law-making prevailed during the Cold War, which shifted to a system of Security Council legislation in the post-Cold War era, and that this reflected a parallel shift from a multipolar to a unipolar geopolitics. In another direction, however, it is also argued that the international law of nuclear weaponry also contributed to the production of its own political environs by both legitimating the possession of nuclear weaponry and controlling its spread.
The introduction explains the rationale of the book and presents its key research questions, while offering a detailed literature review. It discusses the book's methodology and structure and ends with a thoughtful note on the use of historical sources in this and related research monographs.