Staatsnahe Unternehmen
Die Zurechnungsproblematik im Internationalen Investitionsrecht und weiteren Bereichen des Völkerrechts
Nomos, 1. Edition 2016, 491 Pages
The product is part of the series
Studien zum Internationalen Investitionsrecht | Studies in International Investment Law
Description
State enterprises are hybrid actors, situated in between the public and private sphere, and as such their status under international law has long been the subject of contention. More recently, the question of the attributability of their acts to the state has frequently come up in the area of international investment law. If a foreign investor is harmed by a state enterprise, it can only seek redress under international investment law and/or general international law if the acts of the enterprise can be regarded as acts of the home state.
The author analyses the criteria capable of addressing the question of attribution of acts by state enterprises. His analysis draws upon a detailed analysis of customary international law and a comprehensive examination of the caselaw of investment arbitration tribunals, the World Trade Organisation, the European Court of Human Rights, and the European Court of Justice. The author also discusses the role of lex specialis treaty rules on attribution.
The author analyses the criteria capable of addressing the question of attribution of acts by state enterprises. His analysis draws upon a detailed analysis of customary international law and a comprehensive examination of the caselaw of investment arbitration tribunals, the World Trade Organisation, the European Court of Human Rights, and the European Court of Justice. The author also discusses the role of lex specialis treaty rules on attribution.
Bibliographical data
| Edition | 1 |
|---|---|
| ISBN | 978-3-8487-2439-0 |
| Subtitle | Die Zurechnungsproblematik im Internationalen Investitionsrecht und weiteren Bereichen des Völkerrechts |
| Publication Date | Jan 27, 2016 |
| Year of Publication | 2016 |
| Publisher | Nomos |
| Format | Softcover |
| Language | deutsch |
| Pages | 491 |
| Medium | Book |
| Product Type | Scientific literature |
Reviews
»the analysis deftly bringing together a lot of the scholarly debates on the actual application of the relevant rules post-2001, and especially following the delivery of the 2007 International Court of Justice (ICJ) Genocide judgment... Going beyond the traditional reading of the provision in relation to the exercise of police powers etc., Dereje makes a number of interesting remarks... the author should be commended for re-visiting the rules of attribution as regards state enterprises in the light of case law appearing following the adoption of the ARSIWA in 2001, and for attempting to synthesize such case law into a legible catalogue of criteria applying across the board of international law.«
Dr. Markos Karavias, Journal of World Investment & Trade, 2018 329-334
»... a minute, solid analysis of the bases for attribution under Articles 4, 5, 7,8 ARSIWA. Dereje is obviously in his comfort zone here, the analysis deftly bringing together a lot of the scholarly debates on the actual application of the relevant rules post-2001, and especially following the delivery of the 2007 International Court of Justice (ICJ) Genocide judgment. Going beyond the traditional reading of the provision in relation to the exercise of police powers etc., Dereje makes a number of interesting remarks. [T]he author should be commended for re-visiting the rules of attribution as regards state enterprises in the light of case law appearing following the adoption of the ARSIWA in 2001, and for attempting to synthesize such case law into a legible catalogue of criteria applying across the board of international law.«
Markos Karavias, JWIT 2/2018
Dr. Markos Karavias, Journal of World Investment & Trade, 2018 329-334
»... a minute, solid analysis of the bases for attribution under Articles 4, 5, 7,8 ARSIWA. Dereje is obviously in his comfort zone here, the analysis deftly bringing together a lot of the scholarly debates on the actual application of the relevant rules post-2001, and especially following the delivery of the 2007 International Court of Justice (ICJ) Genocide judgment. Going beyond the traditional reading of the provision in relation to the exercise of police powers etc., Dereje makes a number of interesting remarks. [T]he author should be commended for re-visiting the rules of attribution as regards state enterprises in the light of case law appearing following the adoption of the ARSIWA in 2001, and for attempting to synthesize such case law into a legible catalogue of criteria applying across the board of international law.«
Markos Karavias, JWIT 2/2018
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