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The Place Of Treaties In International Investment, Eustace Chikere Azubuike Nov 2013

The Place Of Treaties In International Investment, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

This paper is divided into seven parts. Part 1 traces the history of foreign investment treaties and provides the factors that led to the emergence of the current investment regime. Part 2 discusses the significance of treaties in the vexed question of whether or not there is a hierarchy of international law sources. Part 3 examines treaty-making in the current international investment regime – visiting the argument about whether or not the provisions of investment treaties have ripened into customary international law, highlighting the dominance of bilateral investment treaties over multilateral investment treaties, offering explanation for the near absence of …

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A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi Nov 2013

A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi

Annual Survey of International & Comparative Law

The Israeli-Palestinian conflict has spanned over six decades, resulting in brutal deaths of civilians, assassinations of political figures, and casualties of countless soldiers on both sides. Dominant discourse on the conflict focuses largely on the prevalence of violence and State-figures’ failure to properly address the issue. This paper will take a different approach by exploring the legality under International Law of the continual expansion of Israeli settlements in the West Bank and by illuminating the peacebuilding efforts of grassroots organizations focused on education, uniting communities, and engaging international actors. A discussion of the history is important not only to inform …

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A Comparative Analysis Of Judicial Councils In The Reform Of Judicial Appointments Between Kenya And England, Njeri Thuki Nov 2013

A Comparative Analysis Of Judicial Councils In The Reform Of Judicial Appointments Between Kenya And England, Njeri Thuki

Annual Survey of International & Comparative Law

In this paper, I focus on the selection of judicial officers using judicial commissions. These judicial commissions are also referred to as “judicial councils” or “merit commissions,” so for the purposes of this study, these three terms are synonymous. This paper focuses on Kenya and England because they have taken similar paths to judicial reform. For example, they both added an extra tier to the hierarchical structure and therefore both have a Supreme Court. They both have robust judicial commissions that have changed the selection of judicial officers. However, the judicial commission in Kenya, known as the Judicial Service Commission …

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Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Sir Arnold K. Amet Nov 2013

Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Sir Arnold K. Amet

Annual Survey of International & Comparative Law

Terrorist activities are not of recent origin on the international plane. They have been around since the beginning of humanity. Although international law may not be accused of addressing the issue of terrorism with levity, it was after the 9/11 terrorist attacks on the United States that the international community’s efforts toward fighting terrorism garnered more strength and attention.

The debatable critical question is whether terrorism under international law should be studied and treated as a specific subject in developing the legal norms and principles for its fight and regulation, or whether terrorism should be fought and regulated based on …

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Foreword, Jon H. Sylvester Nov 2013