Paul Peters

Joint Implementation from an International Law Perspective

In this section we shall first establish a broad definition of the term joint implementation in international instruments and as it may also be understood in the context of the UN Framework Convention on Climate Change. In section 3 we shall discuss precedents for this concept. Taking into account the precedents and the drafting history of FCCC, we shall revert in section 2 in greater detail to the various meanings which may be given to joint implementation under FCCC Article 4. We shall then discuss the way in which some ambiguities may be resolved by the Conference of the Parties (hereafter CoP) at its first session planned for 1995.

Exhaustion of Local Remedies: ignored in most bilateral investment treaties

The principle of the exhaustion of local remedies is generally considered to be firmly established in international law. States are said to be virtually unanimous in recognizing it. The International Court of Justice considers the local remedies rule an important principle of customary international law. The character of the principle as one of general international law is also recognized by virtually all the learned writers who have considered the question.

Summary and Conclusions on Joint Implementation: Making It Work

Global and transboundary environmental problems demand the cooperation of nations in the development of international policies. The adverse effects of climate change due to the increasing concentration of man-made greenhouse gases (GHG) in the earth’s atmosphere form an example of a global environmental problem where such cooperation is beginning to take shape. The United Nations Framework Convention on Climate Change (FCCC), concluded in 1992, presents a valuable instrument for cooperation; it is a first step and should be developed and refined by the Parties in further negotiation.

Putting Joint Implementation into Practice

As we saw in section 2.2, the FCCC distinguishes different categories of States, each with their own responsibilities. We shall now review these several categories from the perspective of choosing a partner in a joint implementation project.

The Semantics of Applicable Law Clauses and the Arbitrator

One of the great achievements of the Asser Instituut, under Voskuils inspiration, has been the study and documentation of international arbitration. It may be appropriate therefore to present here a chapter on one aspect of arbitration on which documentation is scarce and about which little has been written. The question we shall consider is the familiar one of applicable law: what is the law governing foreign investments made under an investment treaty? By what law should arbitrators be guided when they deal with international investment disputes? Some of the investment treaties concluded to promote and protect international investments answer these questions, which of course are essentially questions of private international law. The treaty rules on applicable law often refer arbitrators to rules of international law as well as to the national law of the host state (including its private international law). Thus, we are concerned with mat grey zone between public and private international law where it is often difficult to find ones way or to ascertain what rules should be applied: those of municipal law (of which private international law forms part) or those of (public) international law. It is widely held by international lawyers that rules of public international law take precedence over national law and therefore over private international law, whenever a conflict arises between them. This question, however, is controversial; U.S. doctrine, for instance, holds that national (U.S.) laws take precedence over international law if they are expressed in sufficiently clear terms.

Responsibility of States in Respect of the Exercise of Permanent Sovereignty over Natural Resources: An Analysis of Some Principles of the Seoul Declaration (1986) by the International Law Association

The adoption of the Declaration on the Progressive Development of Principles of Public International Law relating to a New International Economic Order (Seoul Declaration) by the 62nd Conference of the International Law Association (ILA) in 1986 set the seal on eight years of hard work by the ILAs Committee on Legal Aspects of a New International Economic Order (NIEO Committee). However, it certainly did not mark the end of the Committees efforts.