Martins Paparinskis
Biographic Data
| ID | 5578934 |
|---|---|
| NAME | Martins Paparinskis |
| GIVEN NAMES | Martins |
| FAMILY NAME | Paparinskis |
| SIGNATURE | PAPARINSKIS M |
| AFFILIATIONS | University College London |
| ORCID | 0000-0002-5626-6735 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 4 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 1 |
Long Live Monetary Gold *Terms and Conditions Apply
Zachary Mollengarden and Noam Zamir want to take back to basics the principle associated with the Monetary Gold Removed from Rome in 1943 ( Monetary Gold ) judgment of the International Court of Justice (ICJ). Their “categorical” and mostly doctrinal claim, underpinned by policy concern about “the tensions between the bilateral presuppositions of the Statute and the increasingly multilateral nature of international affairs and international dispu…
In Memoriam
The Once and Future Law of State Responsibility
The current (once) international law of state responsibility is shaped by the International Law Commission's Articles on responsibility of States for internationally wrongful acts, generally endorsed in state and judicial practice as consonant with custom. This Essay makes the case that the global pandemic and associated practice may affect foundational elements of the (future) law of state responsibility. It outlines the contours of systemic gra…
A Case Against Crippling Compensation in International Law of State Responsibility
The obligation of States to provide full reparation for internationally wrongful acts, including by full compensation, is one of the bedrock principles of international law. The article challenges this principle for cases where compensation is crippling for the responsible State or its peoples, which can occur when State responsibility is implemented before international courts and tribunals. The International Law Commission's decision not to qua…
General Principles of Law and International Due Process
MFN Clauses and Substantive Treatment
On the big questions, Simon Batifort and J. Benton Heath are plainly right. Dogmatic presumptions about the necessary effect of particular clauses and woolly notions of systemic teleology may distract the interpreter from the task of finding the meaning that represents the intentions of the parties, best articulated in the specific terms chosen. Customary rules on treaty interpretation, reflected in Articles 31 and 32 of the Vienna Convention on …
International Investment Law and the European Union
Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating developments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practic…
Investment Treaty Arbitration and the (New) Law of State Responsibility
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as right-holders (by reference to human and consular rights), beneficiaries (by reference to the law of treaties rules on third states), or agents (by refer…
Investment Law of/for/before the Twenty-First Century
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
Investment Treaty Arbitration and the (New) Law of State Responsibility
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as right-holders (by reference to human and consular rights), beneficiaries (by reference to the law of treaties rules on third states), or agents (by refer…
The Once and Future Law of State Responsibility
The current (once) international law of state responsibility is shaped by the International Law Commission's Articles on responsibility of States for internationally wrongful acts, generally endorsed in state and judicial practice as consonant with custom. This Essay makes the case that the global pandemic and associated practice may affect foundational elements of the (future) law of state responsibility. It outlines the contours of systemic gra…
A Case Against Crippling Compensation in International Law of State Responsibility
The obligation of States to provide full reparation for internationally wrongful acts, including by full compensation, is one of the bedrock principles of international law. The article challenges this principle for cases where compensation is crippling for the responsible State or its peoples, which can occur when State responsibility is implemented before international courts and tribunals. The International Law Commission's decision not to qua…
Investment Law of/for/before the Twenty-First Century
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
Investment Treaty Arbitration and the (New) Law of State Responsibility
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as right-holders (by reference to human and consular rights), beneficiaries (by reference to the law of treaties rules on third states), or agents (by refer…
International Investment Law and the European Union
Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating developments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practic…
MFN Clauses and Substantive Treatment
On the big questions, Simon Batifort and J. Benton Heath are plainly right. Dogmatic presumptions about the necessary effect of particular clauses and woolly notions of systemic teleology may distract the interpreter from the task of finding the meaning that represents the intentions of the parties, best articulated in the specific terms chosen. Customary rules on treaty interpretation, reflected in Articles 31 and 32 of the Vienna Convention on …
General Principles of Law and International Due Process
The Once and Future Law of State Responsibility
The current (once) international law of state responsibility is shaped by the International Law Commission's Articles on responsibility of States for internationally wrongful acts, generally endorsed in state and judicial practice as consonant with custom. This Essay makes the case that the global pandemic and associated practice may affect foundational elements of the (future) law of state responsibility. It outlines the contours of systemic gra…
A Case Against Crippling Compensation in International Law of State Responsibility
The obligation of States to provide full reparation for internationally wrongful acts, including by full compensation, is one of the bedrock principles of international law. The article challenges this principle for cases where compensation is crippling for the responsible State or its peoples, which can occur when State responsibility is implemented before international courts and tribunals. The International Law Commission's decision not to qua…
Long Live Monetary Gold *Terms and Conditions Apply
Zachary Mollengarden and Noam Zamir want to take back to basics the principle associated with the Monetary Gold Removed from Rome in 1943 ( Monetary Gold ) judgment of the International Court of Justice (ICJ). Their “categorical” and mostly doctrinal claim, underpinned by policy concern about “the tensions between the bilateral presuppositions of the Statute and the increasingly multilateral nature of international affairs and international dispu…
In Memoriam
Political science (9 works) · International law (7 works) · International Arbitration and Investment Law (6 works) · Law (6 works) · Law and economics (6 works) · International Law and Human Rights (5 works) · Law (5 works) · Sociology (4 works) · Business (3 works) · Economics (3 works)