Symposium on Decoding Maldives’ Foreign Investment and Arbitration Law Regime: Examining ICSID as a Maldivian Solution
Cambridge International Law Journal » Public International Law
by Nizamuddin Ahmad Siddiqui and Jamshed Ahmad Siddiqui
1M ago
The Maldives is an island nation having around 5,40,000 people and dispersed across 185 islands. The country has been a development success enjoying robust growth coupled with considerable development of the country’s infrastructure and connectivity. It has also provided high-quality and affordable public services for its people, resulting in impressive health and education indicators, with a literacy rate approaching 100% and a life expectancy of over 78 years. Tourism is the main driver of economic growth, fiscal revenues, and foreign exchange earnings for the country. The country ..read more
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Symposium on Decoding Maldives’ Foreign Investment and Arbitration Law Regime: An Introduction
Cambridge International Law Journal » Public International Law
by Asna Ahmed and Mohd Imran
1M ago
Maldives’ relationship with international trade and investment is as old as its history. Traditionally, Maldives has been dependent on import and export for necessities. For instance, fish and coconut have been Maldives’ traditional exports; whereas, rice, cereals and other foodstuffs have been traditional imports. Post-independence, Maldives looked for newer areas to attract the foreign capital in its market. The Maldives has received the highest foreign investment in the tourism sector and is expected to receive investments in infrastructure projects and the real estate sector ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: Achieving the Progressive Development of International Investment Law and Arbitration 
Cambridge International Law Journal » Public International Law
by Esmé Shirlow and Kiran Nasir Gore
2M ago
The Editors of the Cambridge International Law Journal Blog endorses this statement by the Fellows of the Lauterpacht Centre for International Law condemning the aggression perpetrated by the Russian Federation against Ukraine. The events of the past month have sharply called our focus back to the acts of aggression taking place around the world. We condemn all abuses of international and humanitarian law and request that readers and contributors join the call by the Department of International and European Law at the National University of Kyi ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: Article 29 of the VCLT and the Territorial Application of Treaties in Investment Arbitration
Cambridge International Law Journal » Public International Law
by Wesley Pydiamah, Julien Fouret, Athina Fouchard Papaefstratiou, Dimitrios Papageorgiou
2M ago
Article 29 of the Vienna Convention on the Law of Treaties (VCLT) is the only provision in the Convention offering guidance as to which territories of a given State are governed by an international treaty. Its role is confined solely to that function. As far as the provision itself is concerned, it is comprised by two main parts, (i) a general part (“a treaty is binding upon each party in respect of its entire territory”); and (ii) an exception (“unless a different intention appears from the treaty or is otherwise established”).  The provision does not address related matters su ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: Legal Questions Concerning the Temporal Application of Treaties in International Investment Arbitration Cases
Cambridge International Law Journal » Public International Law
by Agnes Rydberg and Malgosia Fitzmaurice
2M ago
Introduction  International investment tribunals face various challenges when conceptualising the temporal scope of the various treaties they interpret and apply. A review of case law developed under international investment tribunals evidences that many unsettled questions remain in this regard. This post draws on our recently-published chapter on these topics to examine how international investment tribunals have sought to address aspects of temporality in international investment arbitration. It draws on three different elements of temporality and assesses the singularities o ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: Treaties and the Tower of Babel
Cambridge International Law Journal » Public International Law
by Anna Crevon and Barton Legum
2M ago
Treaty interpretation would be so much easier if we all spoke the same language. According to the Biblical story, once we all did. But divine intervention at the Tower of Babel resulted in the multitude of languages that we speak today. This complicates things considerably, treaty interpretation included. In many instances, members of a delegation negotiating a treaty have no knowledge of the language of the other delegation. An example we like to cite is that of the 2007 Mexico-Slovak Republic bilateral investment treaty. No member of the Slovak delegation negotiating the treaty spoke Sp ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: The ICSID Convention and the Vienna Convention on the Law of Treaties – A Paradox
Cambridge International Law Journal » Public International Law
by Roberto Castro de Figueiredo
2M ago
The ICSID Convention and the Vienna Convention live a complicated relationship. The Vienna Convention plays (or is meant to play) a key role in the way the ICSID Convention is construed. To date, no ICSID tribunal has ever denied that the general rule of interpretation embodied in Article 31(1) of the Vienna Convention governs the interpretation of the ICSID Convention. In fact, most ICSID tribunals called to interpret the ICSID Convention have made recourse to the general rule of interpretation on the basis of its customary international law status. However, despite the deference gi ..read more
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Symposium on the VCLT, ILC and Investor-State Disputes: The Vienna Convention on the Law of Treaties: What Went Wrong with the Vienna Convention on the Law of Treaties?
Cambridge International Law Journal » Public International Law
by Judge Charles N. Brower
3M ago
The Vienna Convention on the Law of Treaties (VCLT) was perhaps the most important product of the International Law Commission’s 75 years of existence to date.  It has been thought finally and definitively to have settled the struggle between Sir Gerald Fitzmaurice and Sir Hersch Lauterpacht, both of them having served as Judges of the International Court of Justice, over how treaties should be interpreted.  Lauterpacht believed that in order properly to interpret the substantive provisions of a treaty one should search for the treaty Parties’ intentions. &nb ..read more
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Domestic Violence in Sudan: The impending need for rectifications
Cambridge International Law Journal » Public International Law
by Vaibhavi Patel
4M ago
The Editors of the Cambridge International Law Journal Blog endorses this statement by the Fellows of the Lauterpacht Centre for International Law condemning the aggression perpetrated by the Russian Federation against Ukraine. The events of the past month have sharply called our focus back to the acts of aggression taking place around the world. We condemn all abuses of international and humanitarian law and request that readers and contributors join the call by the Department of International and European Law at the National University of Kyiv Moh ..read more
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Symposium on Bangladesh Genocide and International Law: Criminal Responsibility of the Pakistani Prisoners of War
Cambridge International Law Journal » Public International Law
by Emraan Azad
8M ago
The Editors of the Cambridge International Law Journal Blog endorses this statement by the Fellows of the Lauterpacht Centre for International Law condemning the aggression perpetrated by the Russian Federation against Ukraine. The events of the past month have sharply called our focus back to the acts of aggression taking place around the world. We condemn all abuses of international and humanitarian law and request that readers and contributors join the call by the Department of International and European Law at the National University of Kyiv Moh ..read more
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