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Reinisch August: International
Protection of Investments

International Protection of Investments

The Substantive Standards

Law and Philosophy Library

International law operates under persistent normative fragmentation: specialised regimes have produced a decentralised body of norms prone to conflict. For many international lawyers, however, the debate now appears settled, buried by the International Law Commission’s work on systemic integration and the turn to regime interaction and normative pluralism. But the ghosts of fragmentation are revenants: they return precisely when the matter is believed to be settled. The triple planetary crisis of climate change, biodiversity loss, and pollution has made the haunting plain, revealing that the fractures once discussed as technical problems of consistency are symptoms of a deeper condition: a world whose ecological, legal, and political orders do not align. This book investigates how consistency is possible within a fragmented order.Rather than surveying the responses of international legal scholarship, the book offers a rational reconstruction of the concept of consistency in international law, making explicit the implicit logical structures through which legal actors reason. The book distinguishes facts, norms, and reasons as the building blocks of legal argumentation and shows how legal actors can derive statement-consistent conclusions even where the underlying norm-set is itself norm-inconsistent.International law, on this account, sustains itself not by eliminating inconsistency but by reasoning through it. Conflict avoidance operates upstream through meta-norms that affect validity and the conditions of applicability; where it fails, priority reasoning and reason-based argumentation determine which norm applies. The consistency achieved is local, provisional, and plural, but it is genuine, disciplined by constraints and accountable to the requirement of justification. The framework does not prescribe which priorities legal actors should adopt but it clarifies the grammar of the practice that instead makes these determinations. The book argues, however, that incorporating planetary boundaries as legal constraints would narrow the space of admissible outcomes in ways decisive for the planetary crisis.

International Law under the Planetary Crisis

Ordering the Fragments

Oxford International Arbitration

This is the first systematic treatment of the jurisprudence relating to award enforcement against foreign states in England. It provides comprehensive examination of the principles and case-law relating to state immunity in the context of enforcement of international arbitral awards before English courts.

Foreign State Immunity and Enforcement of Arbitral Awards in English Courts

Legal Pathways on the New Silk Road

The Legal Architecture of the Belt and Road Initiative

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

Studies in International Law

This book examines whether a principle of fair sharing exists in international refugee law and, if so, how it should be defined. The 1951 Refugee Convention requires States Parties to share the 'burdens' borne by States of asylum, yet it neither guarantees 'fair burden and responsibility-sharing' between States nor clarifies what this obligation entails. It also leaves 'fairness towards refugees' in burden and responsibility-sharing matters outside the scope of this obligation. To address this problem, the Global Compact on Refugees recognises 'equitable burden and responsibility sharing' as the primary guiding principle of the legal rule concerning international cooperation in the 1951 Refugee Convention. Yet it does not define the legal meaning of 'equitable' in the context of fair sharing, nor does it clarify the normative requirements of this principle. It also relies on voluntary contributions of States for the translation of this principle into practice, thereby leaving key questions unresolved. This book addresses these gaps by conceptualising fairness through the principle of equity. It explores how fairness, by virtue of equity, can be realised in practice, setting boundaries on State discretion while accommodating the specific circumstances of host States and refugees alongside the common good of the international community. It also relies on other relevant principles, namely solidarity and good faith, to bolster its argument. Drawing on legal doctrine and the case law of the international courts and tribunals, it establishes there is an obligation arising from the legal pattern spanning from the Refugee Convention to the Refugee Compact and further provides a framework for giving practical effect to this obligation. Offering a rigorous and original contribution to debates on fairness and burden and responsibility-sharing, this book will be essential reading for scholars, practitioners, and policymakers concerned with refugee protection and the future of international cooperation.

An Equity-based Approach to State Responsibility

Fair Sharing in International Refugee Law

Swedish Studies in European Law

This open access book examines how Europe's traditionally open investment landscape has, over the past decade, shifted towards a more protectionist stance in response to evolving geopolitical factors. Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond the European Union. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

Past, Present, and Future

The EU Law of Investment

Europeanization and Globalization

The regulation of sovereign debts raises many complex economic and legal questions. The primary objective of this volume is to focus on the possible legal solutions for the challenges facing the insolvent states. Finding a way out of the sovereign debt crisis requires not only economic considerations, but it implies also a better understanding of the rage of different social and ethical aspects associated with this problem.

Possible Legal Solutions

Sovereign Insolvency

Modern Studies in European Law

This book offers a comprehensive and forward looking assessment of the European Union's integration of the Western Balkan countries, analysing the process through three interlinked perspectives: EU frameworks, domestic reforms, and intra-regional cooperation. It first examines the legal architecture that structures accession, including the long standing Stabilisation and Association Agreements, the EU's revised enlargement methodology, and the emerging Growth Plan for the Western Balkans, which strengthens conditionality by linking financial support to reform performance. Together, these instruments reveal both the possibilities and the persistent limitations of the EU's approach to preparing candidate states for membership. The second part turns to the Western Balkan states themselves, assessing the extent and effectiveness of reforms - most notably in the rule of law, now central to the "Fundamentals" cluster of the new methodology. The book analyses how far EU driven, top down reforms align with domestic constitutional and legal contexts and identifies the structural and political obstacles that may hinder the impact of EU conditionality. It also explores the scope for more locally grounded, bottom up reform initiatives. A third angle considers intra-regional integration efforts, such as CEFTA, the regional common market, the Berlin Process, the Open Balkan Initiative and cooperation through the Regional Cooperation Council. By evaluating their institutional design, legal commitments and enforcement mechanisms, the book compares these initiatives with the EU integration pathway and assesses their potential role as stepping stones to accession. Grounded in rigorous legal analysis and informed by political context, this book is essential reading for scholars of EU enlargement, comparative regional integration, and postgraduate students engaging with the future of Europe's neighbourhood.

A Legal Assessment of EU Integration in the Western Balkans

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

International Protection of Investments

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