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 treaties
Izvor:
Anali Pravnog fakulteta u Beogradu, 2016, 64, 3, 5-24
TY - 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 .
