Necessity as a ground for precluding wrongfulness in international investment law
2016
Preuzimanje 🢃
Članak u časopisu (Objavljena verzija)
Metapodaci
Prikaz svih podataka o dokumentuApstrakt
The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings. Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law, but also brought up some new dilemmas. This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept, points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law.
Ključne reči:
necessity / international investment law / economic emergency / ecological emergency / bilateral investment treatiesIzvor:
Anali Pravnog fakulteta u Beogradu, 2016, 64, 3, 5-24Izdavač:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Vasiljević, Mirko AU - Jovanović, Marko PY - 2016 UR - https://ralf.ius.bg.ac.rs/handle/123456789/911 AB - The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings. Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law, but also brought up some new dilemmas. This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept, points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - Necessity as a ground for precluding wrongfulness in international investment law EP - 24 IS - 3 SP - 5 VL - 64 DO - 10.5937/AnaliPFB1603005V UR - conv_407 ER -
@article{ author = "Vasiljević, Mirko and Jovanović, Marko", year = "2016", abstract = "The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings. Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law, but also brought up some new dilemmas. This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept, points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "Necessity as a ground for precluding wrongfulness in international investment law", pages = "24-5", number = "3", volume = "64", doi = "10.5937/AnaliPFB1603005V", url = "conv_407" }
Vasiljević, M.,& Jovanović, M.. (2016). Necessity as a ground for precluding wrongfulness in international investment law. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 64(3), 5-24. https://doi.org/10.5937/AnaliPFB1603005V conv_407
Vasiljević M, Jovanović M. Necessity as a ground for precluding wrongfulness in international investment law. in Anali Pravnog fakulteta u Beogradu. 2016;64(3):5-24. doi:10.5937/AnaliPFB1603005V conv_407 .
Vasiljević, Mirko, Jovanović, Marko, "Necessity as a ground for precluding wrongfulness in international investment law" in Anali Pravnog fakulteta u Beogradu, 64, no. 3 (2016):5-24, https://doi.org/10.5937/AnaliPFB1603005V ., conv_407 .