The publications listed here represent a small selection of the work of staff members of the GCILS. To see full listings of publications please click through to the University of Glasgow main webpages in each individual staff member profile.
The interaction of investment protection, human rights, and international arbitration is complex. Theories on their interaction are helpful starting points. At the same time, general formulas reach their limits as soon as it comes to evaluating concrete issues. In twelve chapters, the present volume therefore analyses different thematic interactions between investment law and human rights in order to develop a more context-specific understanding. With contributions by Filip Balcerzak, Gustavo Becker, Christina Binder, Tillmann Rudolf Braun, Barnali Choudhury, Henner Gött, Martin Gronemann, Edward Guntrip, Malte Gutt, Anna Hankings-Evans, Rainer Hofmann, Markus Krajewski, Juan Ignacio Massun, Tomasz Milej, Julian Scheu, Stephan W. Schill, Peter-Tobias Stoll, Christian J. Tams and Anne van Aaken.
Nomos, Baden-Baden, 2022
ISBN print: 978-3-8487-7405-0, ISBN online: 978-3-7489-1406-8
"Our topic can be thought of as a meeting of the old and the new, and it can be approached via a straightforward question: is there room, in the contemporary world of investment arbitration, for countermeasures, that traditional means of self-help? Countermeasures—and more so the concept’s traditional label, reprisals—evoke an era of interstate international law of limited reach: an era which, for lack of adequate institutions, accommodated ideas of ‘private justice’ to a significant extent, notably by accepting the right of one State to respond to another State’s wrongful conduct by means of coercion. This right permitted the State to respond to wrongful conduct affecting State rights as well as rights of nationals, despite the obvious risk of abuse. As investment lawyers with a measure of historical awareness know full well, in the field of foreign investment, the risk of abuse regularly materialised, as ‘home States’ (in the contemporary parlance) reacted coercively against host States accused of having interfered with rights of foreign investors. (...)"
article in ICSID Review - Foreign Investment Law Journal, Volume 37, Issue 1-2, Winter/Spring 2022, Pages 121–137,
ISSN 0258-3690, EISSN 2049-1999
“The Articles on the Responsibility of States for Internationally Wrongful Acts (Articles), developed by the International Law Commission (ILC), turn 20 this year. On 9 August 2001 – 45 years after the first report by Special Rapporteur Francisco García-Amador on the topic, after 5 Special Rapporteurs and 34 reports by them – the ILC adopted the final text of the Articles, thus bringing to an end work that (in the words of Rosalyn Higgins) were it not for the Commission’s broad understanding of responsibility, ‘should on the face of it [have] take[n] one summer’s work’.3 On 12 December 2001, the UN General Assembly ‘noted’ the Articles and commended them to the attention of Governments in December.4 Since then, reflected in successive reports compiled by the UN Secretary-General, the Articles have become the obvious reference point for debates about State responsibility: they are invoked, applied, cited, criticised, studied by nearly everyone working in or with international law, from undergraduate students to investment tribunals, and even domestic courts.5 They reflect international law’s everyday, routine, application: mostly unspectacular, sometimes pedestrian; dramatic only rarely. What is more, most readers, users, students, critics have been quick to adopt the ILC’s jargon and categories.”
GCILS Working Paper Series
"International Law's Invisible Frames. Social Cognition and Knowledge Production in International Legal Processes" Edited by Andrea Bianchi and Moshe Hirsch Examines the social cognition and knowledge production processes which form our understanding of what international law is, and how it works Identifies the groups of people and institutions that shape and alter the prevailing discourse in international law An innovative, interdisciplinary approach employing insights from sociology, psychology, and behavioural science
A chapter in Andrea Bianchi and Moshe Hirsch (eds), International Law’s Invisible Frames (Oxford University Press, 2021)
The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.
Oxford Monograph in International Law
Edited by Suzanne Egan, Associate Professor, School of Law, University College Dublin, Ireland and Anna Chadwick, Lecturer in Law, School of Law, University of Glasgow, Scotland, UK This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy-makers in need of novel methodologies for promoting equality.
Edward Elgar Publishing
978 1 83910 210 3