References of "International and Comparative Law Quarterly"
     in
Bookmark and Share    
Full Text
Peer Reviewed
See detailThe Human Rights Defence in International Investment Arbitration: Exploring the Limtis of Systemic Integration
Fahner, Johannes; Happold, Matthew UL

in International and Comparative Law Quarterly (2019), 68(3), 741-759

In a variety of investment arbitration cases, respondent States have argued that the measure complained of by the investor was mandated by the State’s human rights obligations. This defence raises ... [more ▼]

In a variety of investment arbitration cases, respondent States have argued that the measure complained of by the investor was mandated by the State’s human rights obligations. This defence raises intricate questions concerning the relationship between international investment law and human rights law. Tribunals have generally been reluctant to engage with the argument and to interpret the relationship between investment law and human rights in a straightforward manner. This article discusses two other possibilities: harmonious interpretation and prioritisation. Harmonious interpretation seeks to read provisions from investment treaties and human rights treaties together, whereas prioritisation gives normative superiority to one provision over another. We conclude that harmonious interpretation is facilitated by the discretionary character of common treaty standards in both human rights and investment law, but that the final result is not likely to be very different from prioritisation, because even harmonious interpretation requires that one provision is read in the light of, and thereby subjugated to, another provision. [less ▲]

Detailed reference viewed: 136 (6 UL)
Full Text
Peer Reviewed
See detailThe Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency
Cuniberti, Gilles UL

in International and Comparative Law Quarterly (2008), 57

The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice ... [more ▼]

The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the foreign court, and it may be right to sanction this strategy of foreign court avoidance. Finally, the European Union has begun to implement its policy of efficiency of cross-border enforcement, which commands states to recognize such judgments irrespective of any other consideration. This article explores whether these conflicting issues can be reconciled [less ▲]

Detailed reference viewed: 33 (3 UL)
Peer Reviewed
See detailCase Comment: Prosecutor v Lubanga
Happold, Matthew UL

in International and Comparative Law Quarterly (2007), 56

Detailed reference viewed: 149 (6 UL)
Full Text
Peer Reviewed
See detailThe Liberalization of the French Law of Foreign Judgments
Cuniberti, Gilles UL

in International and Comparative Law Quarterly (2007)

Detailed reference viewed: 63 (3 UL)
Peer Reviewed
See detailDarfur, the Security Council and the International Criminal Court
Happold, Matthew UL

in International and Comparative Law Quarterly (2006), 55

Detailed reference viewed: 209 (1 UL)
Peer Reviewed
See detailII. Darfur, the Security Council, and the International Criminal Court
Happold, Matthew UL

in International and Comparative Law Quarterly (2006), 55(1), 226-236

[No abstract available]

Detailed reference viewed: 150 (0 UL)
Peer Reviewed
See detailIndependence: In or Out of Europe? An Independent Scotland and the European Union
Happold, Matthew UL

in International and Comparative Law Quarterly (2000), 49

Detailed reference viewed: 144 (2 UL)
Peer Reviewed
See detailFourteen against One: EU Member States’ Response to Freedom Party Participation in the Austrian Government
Happold, Matthew UL

in International and Comparative Law Quarterly (2000), 49

Detailed reference viewed: 142 (0 UL)