|
STRIKING CONSISTENCY AND PREDICTABILITY IN INTERNATIONAL INVESTMENT LAW FROM THE PERSPECTIVE OF DEVELOPING COUNTRIES
Silvia Karina Fiezzoni
Front Law Chin. 2012, 7 (4): 521-552.
https://doi.org/10.3868/s050-001-012-0026-1
The fragmentation of international investment law into bilateral investment treaties (BITs) and other international investment agreements (IIAs) made it impossible as a system of law. In addition, the potential for inconsistent and conflicting decisions (especially against developing countries) in investment treaty arbitrations are abundant. The causes of this situation are two-fold and concern both substantive law and procedural law. Concerning the substance, the fragmentation of sources of international investment law plays a significant role in disaggregating coherence. Due to the large number of BITs, a state measure might be assessed differently under the two existing investment treaties, with each treaty specifying different standards of investment protection, even varying with the nationality of the investor affected. Inconsistent decisions can also result from the possibility of having multiple proceedings, in the same or different form, relating to an identical set of facts that can arise from independent claims. For developing countries, who face investment law disputes more frequently than developed countries, an ideal solution would be a global investment treaty or a plurilateral investment agreement under the World Trade Organization (WTO) and use its dispute settlement system to resolve investment disputes.
Related Articles |
Metrics
|
|
WHY PROHIBIT DONATIONS BETWEEN HUSBAND AND WIFE IN MEDIEVAL EUROPE?
Nicolas Laurent-Bonne
Front Law Chin. 2012, 7 (4): 644-655.
https://doi.org/10.3868/s050-001-012-0030-6
Between the end of the eleventh century and the beginning of the twelfth century, following the rediscovery of Roman law in the West, the first Bolognese commentators stuck to the Roman principle prohibiting donations between spouses. Authors commented over and over again upon fragments of the writings of Roman jurists Paul and Ulpian that were integrated into the Digest of Emperor Justinian. According to these jurists of the Classical Age, fears of despoliation between spouses, of negligence in the children’s education and of marriage becoming venal were the main reasons found. Medieval canon law takes the subject of donations between spouses very seriously. Laurent of Spain (? 1248), in the Glossa Palatina, worries about donations of cosmetics, which are seen as luxury enhancing. In Liber Extra (1234), a decretal signed by Gregory IX took up the subject, confirming the opinions expressed by Paul and Ulpian by expressing hostility to such donations on the basis of public morality. Following the Fourth Lateran Council (1215), a new literary form appeared: confession - or casuistic - manuals. In these aspects, the subject of gifts between spouses is closely assimilated to the question of sin, especially of luxury. Continental Europe’s common law (ius commune) shows similar spirit in that respect. Italian statutory laws, in conformity with the separatist spirit of Roman law, forbade them without distinction. They were outlawed in English law by unitas carnis which presides over conjugal relations. According to Jean Boutillier (1395), the author of La Somme rural, a famous French interpreter of law, donations between spouses are generally regarded as a result of fear, complacency or luxury, and so should be forbidden. The common theme between Roman or Canon law and different common laws is the upholding of a certain public morality and the control of couples as the mainstay of their respective families.
Related Articles |
Metrics
|
9 articles
|