Book contents
- Frontmatter
- Contents
- Preface
- PART I International Court of Justice
- PART II International Arbitration
- PART III United Nations
- PART IV International Contracts and Expropriation
- 23 Report of the Committee on Nationalization of Property of the American Branch of the International Law Association
- 24 The Story of the United Nations Declaration on Permanent Sovereignty over Natural Resources
- 25 Speculations on Specific Performance of a Contract between a State and a Foreign National
- 26 On Whether the Breach by a State of a Contract With an Alien is a Breach of International Law
- 27 Some Little-Known Cases on Concessions (with J. Gillis Wetter)
- 28 Commentary on “Social Discipline and the Multinational Enterprise” and “Security of Investment Abroad”
- PART V Aggression under, Compliance with, and Development of International Law
- List of publications
- Index
27 - Some Little-Known Cases on Concessions (with J. Gillis Wetter)
Published online by Cambridge University Press: 06 November 2009
- Frontmatter
- Contents
- Preface
- PART I International Court of Justice
- PART II International Arbitration
- PART III United Nations
- PART IV International Contracts and Expropriation
- 23 Report of the Committee on Nationalization of Property of the American Branch of the International Law Association
- 24 The Story of the United Nations Declaration on Permanent Sovereignty over Natural Resources
- 25 Speculations on Specific Performance of a Contract between a State and a Foreign National
- 26 On Whether the Breach by a State of a Contract With an Alien is a Breach of International Law
- 27 Some Little-Known Cases on Concessions (with J. Gillis Wetter)
- 28 Commentary on “Social Discipline and the Multinational Enterprise” and “Security of Investment Abroad”
- PART V Aggression under, Compliance with, and Development of International Law
- List of publications
- Index
Summary
As Professor Jennings observed, “The particular topic of State contracts impinges upon some of the hardest questions of international law.” He concluded that:
This part of international law, like so many other branches of the law, is in great need of elaboration. This can best be accomplished by its application to concrete cases by arbitral tribunals. There is a wealth of material from which the law could by this means be developed.
The purpose of this article is to mine some of the material to which Professor Jennings refers. It will set forth the awards in eleven cases involving international concession contracts. Ten of these are awards of arbitral tribunals adjudicating controversies between the granting State and the concessionaire; the eleventh, though consisting of Thai municipal decisions, is included because of interesting aspects of the decisions in a case involving a foreign concessionaire. Wherever possible, the arguments of the parties are described. None of these cases has, to the authors' knowledge, been published previously, except, in some instances, in privately printed form.
The principal topics dealt with in the awards may be summarized as follows: the juridical character of a concession contract (Sections I, II, III, IV); the principles governing the interpretation of State contracts (Sections I, II, III, IV); the general principles of law recognized by civilized nations (Sections I, IV, V); State succession to concessionary obligations (Sections I, V); the assignment of concessionary rights (Sections I, V); the right of independent management of the concessionary enterprise (Section II); expropriation of contractual rights and the State's power to renounce its contractual obligations (Sections I, II, III, IV); the application of rebus sic stantibus to concession contracts (Section II); and the nature of the compensation due upon breach or revocation of a concession contract (Sections II, IV, V).
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- Information
- Justice in International LawSelected Writings, pp. 436 - 488Publisher: Cambridge University PressPrint publication year: 1994