Campbell Mclachlan
Biographic Data
| ID | 3606242 |
|---|---|
| NAME | Campbell Mclachlan |
| GIVEN NAMES | Campbell |
| FAMILY NAME | Mclachlan |
| SIGNATURE | MCLACHLAN C |
| AFFILIATIONS | Victoria University of Wellington |
| VERIFIED | No |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 53 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1987 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals: Introduction, Text and Commentaries
The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, expla…
Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
The Assault on International Adjudication and the Limits of Withdrawal
Withdrawal from international adjudication is a contemporary phenomenon with wide implications. The act of treaty withdrawal is not to be seen as merely the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining w…
Speaking with One Voice on the Recognition of States
At first blush, the recent judgment of the U.S. Supreme Court in Zivotofsky v Kerry (Zivotofsky II) reads as a strikingly American affair concerning the enduring force of the separation of powers under a written Constitution. Finding that the President has the exclusive power to recognize foreign states and their territory, the Court holds that a statute of Congress encroaches upon this power and declares it unconstitutional. The reasoning of bot…
Investment Treaties and General International Law
The huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general in…
International Investment Arbitration: Substantive Principles
International Investment Arbitration: Substantive Principles provides the first modern detailed analytical survey of the developing substantive principals of international law which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book is divided into three parts. In Part I (Overvie…
International investment arbitration: Substantive Principles
Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals. It is intended for international arbitration counsel, arbitrators, and academics.
Nationality
The chapter starts with a review of the nationality controversy and a discussion of the function of nationality in the law of international claims. The diplomatic protection practice is reviewed. The chapter then considers the definition of nationality in investment treaties for both individuals and corporations. It concludes by considering how nationality has been treated in investment arbitration awards by reference to 3 main issues: corporate …
The Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention
Every international convention must be deemed tacitly to refer to general principles of international law for all questions which it does not itself resolve in express terms and in a different way
Pinochet Revisited
It is a measure of how fast International Law is moving that the International Court of Justice found itself deciding a question on immunity for international crimes just three years after Pinochet (No 3) . 1 Yet its decision in Congo v Belgium 2 represents something of a return to conservatism in this field, and prompts a re-evaluation of Pinochet. Congo v Belgium may itself come to be seen as at least as significant for the ICJ's—divided—views …
The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation
A modern approach to private international law must deal adequately with three overall concerns. First, it must provide functional responses to the modern international context of trade and commerce in which cross-border problems arise. Second, it must provide effective and fair remedies in civil disputes when those disputes spill over national borders. Third, it must resolve the otherwise irreconcilable conflicts between national legal systems—n…
Transnational Applications of Mareva Injunctions and Anton Piller Orders
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention
Every international convention must be deemed tacitly to refer to general principles of international law for all questions which it does not itself resolve in express terms and in a different way
Investment Treaties and General International Law
The huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general in…
The Assault on International Adjudication and the Limits of Withdrawal
Withdrawal from international adjudication is a contemporary phenomenon with wide implications. The act of treaty withdrawal is not to be seen as merely the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining w…
Pinochet Revisited
It is a measure of how fast International Law is moving that the International Court of Justice found itself deciding a question on immunity for international crimes just three years after Pinochet (No 3) . 1 Yet its decision in Congo v Belgium 2 represents something of a return to conservatism in this field, and prompts a re-evaluation of Pinochet. Congo v Belgium may itself come to be seen as at least as significant for the ICJ's—divided—views …
Transnational Applications of Mareva Injunctions and Anton Piller Orders
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Transnational Applications of Mareva Injunctions and Anton Piller Orders
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation
A modern approach to private international law must deal adequately with three overall concerns. First, it must provide functional responses to the modern international context of trade and commerce in which cross-border problems arise. Second, it must provide effective and fair remedies in civil disputes when those disputes spill over national borders. Third, it must resolve the otherwise irreconcilable conflicts between national legal systems—n…
Pinochet Revisited
It is a measure of how fast International Law is moving that the International Court of Justice found itself deciding a question on immunity for international crimes just three years after Pinochet (No 3) . 1 Yet its decision in Congo v Belgium 2 represents something of a return to conservatism in this field, and prompts a re-evaluation of Pinochet. Congo v Belgium may itself come to be seen as at least as significant for the ICJ's—divided—views …
The Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention
Every international convention must be deemed tacitly to refer to general principles of international law for all questions which it does not itself resolve in express terms and in a different way
International Investment Arbitration: Substantive Principles
International Investment Arbitration: Substantive Principles provides the first modern detailed analytical survey of the developing substantive principals of international law which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. The book is divided into three parts. In Part I (Overvie…
International investment arbitration: Substantive Principles
Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals. It is intended for international arbitration counsel, arbitrators, and academics.
Nationality
The chapter starts with a review of the nationality controversy and a discussion of the function of nationality in the law of international claims. The diplomatic protection practice is reviewed. The chapter then considers the definition of nationality in investment treaties for both individuals and corporations. It concludes by considering how nationality has been treated in investment arbitration awards by reference to 3 main issues: corporate …
Investment Treaties and General International Law
The huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general in…
Speaking with One Voice on the Recognition of States
At first blush, the recent judgment of the U.S. Supreme Court in Zivotofsky v Kerry (Zivotofsky II) reads as a strikingly American affair concerning the enduring force of the separation of powers under a written Constitution. Finding that the President has the exclusive power to recognize foreign states and their territory, the Court holds that a statute of Congress encroaches upon this power and declares it unconstitutional. The reasoning of bot…
The Assault on International Adjudication and the Limits of Withdrawal
Withdrawal from international adjudication is a contemporary phenomenon with wide implications. The act of treaty withdrawal is not to be seen as merely the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining w…
The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals: Introduction, Text and Commentaries
The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, expla…
Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
Law (10 works) · Political science (10 works) · International Arbitration and Investment Law (6 works) · International law (6 works) · Law (6 works) · Law and economics (5 works) · Economics (4 works) · Foreign direct investment (4 works) · International investment (4 works) · International Law and Human Rights (4 works)