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In this chapter, Tarcisio Gazzini and Alessandra Pietrobon focus on parallel proceedings in investment and human rights claims. This chapter examines how tribunals co-ordinate the exercise of their jurisdictions, how they should deal with the merits (including applicable law and issues of interpretation), and how they should avoid double recovery. The complex disputes related to Yukos are discussed with a view to formulating some tentative recommendations on how to manage parallel proceedings before the European Court of Human Rights and investment arbitral tribunals.
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
This editorial takes a practical approach. It aims to stimulate reflections on the way we teach international law today, on how new technologies could enhance the pedagogical experience, on the upgrading of the role and participation of students, and on a better connection with the ‘real world’. It focuses on ‘how’ rather than on ‘what’ or ‘for what purpose’ we teach international law. With this aim in mind, it serves a few ideas seasoned with suggestions and examples.
Necessity plays a significant role in any legal system as unpredictable or extraordinary situations can require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests. International law is not an exception. The admissibility of the adoption of measures on grounds of necessity has been accepted by international courts and tribunals, in state practice, including international conventions, as well as in doctrine.