PO333 Lecture Notes - Lecture 10: Reverse Onus, Legal Personality, Erga Omnes
Document Summary
To date no comprehensive treaty setting out the tules. General rules to be found in custom and through decisions of courts and tribunals. The ilcasr consists of rules that are secondary" in nature, as opposed to the primary" rules found in treaties. Ilc draft on responsibility of states for internationally wrongful act (2001) A min standard of treatment to be observed with regard to the treatment of foreign nations. The min standard consists of the right to life, liberty, and free access to the courts and to the protection of property. Protects the investments of investors and ensures fair and equitable treatment and full protection and security in accordance with the principles of customary international law. The characterization of an act of a state as internationally wrongful is governed by international law. Such characterization is not affected buy the characterization of he same act as lawful by internal law. Diplomatic protections: a variation of the platel fiction.
