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Roy Goode
More books by Roy Goode…
“The investor will thus have two sets of rights, which not infrequently overlap: rights under international law conferred by the treaty, and rights under domestic law conferred by the investment agreement.14”
― Transnational Commercial Law: Texts, Cases and Materials
― Transnational Commercial Law: Texts, Cases and Materials
“walk away from its treaty obligations by invoking the doctrine of State sovereignty. This was settled by a decision of the Permanent Court of Justice (PCIJ)10 over 80 years ago. SS Wimbledon Case (Britain v Germany) (1923) PCIJ (Series A) No 1, 25 The court declines to see in the conclusion of any treaty by which a State undertakes to perform or refrain from performing a particular act an abandonment of sovereignty. No doubt any convention creating an obligation of this kind places a restriction upon the exercise of the sovereign rights of the State, in the sense that it requires them to be exercised in a certain way. But the right of entering into international engagements is an attribute of State sovereignty. Implementation”
― Transnational Commercial Law: Texts, Cases and Materials
― Transnational Commercial Law: Texts, Cases and Materials
“The principal source of treaty law is the Vienna Convention on the Law of Treaties 1969, Article 2(1)(a) of which defines a treaty (though for the purposes of the Convention only) as: an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. [3.28]”
― Transnational Commercial Law: Texts, Cases and Materials
― Transnational Commercial Law: Texts, Cases and Materials
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