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Baetens, Freya
(2023).
Abuse of rights and process before international courts and tribunals.
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Baetens, Freya
(2023).
The Reach and Limits of International Courts and Tribunals in Resolving the Climate Crisis.
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Baetens, Freya
(2022).
Towards an international academic career: doing a PhD in public law.
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Baetens, Freya
(2022).
ISDS reform: How are tribunals interpreting next-generation investment treaties?
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Baetens, Freya
(2022).
The EU Commission’s proposal for an Anti-Coercion Instrument: innovation, necessity and compatibility.
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Baetens, Freya
(2022).
Silete theologi in munere alieno: as unrealistic in our time as it was in Gentili’s.
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Baetens, Freya
(2022).
The Energy Charter Treaty and international climate goals.
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Baetens, Freya
(2022).
Marginal Adjustment or Structural Reform? Improving Nomination and Election Procedures to the International Bench.
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Baetens, Freya
(2022).
Judicial economy in international adjudication: a response to Niccolo Ridi.
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Baetens, Freya
(2022).
State Consent between Regionalism and Universalism: Particular Customary International Law before the International Court of Justice.
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Baetens, Freya
(2022).
Comparative Costs and Financing of Permanent Dispute Settlement Mechanisms.
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Baetens, Freya
(2022).
20 Years of ARSIWA – Relevance for ICSID.
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Baetens, Freya
(2021).
CBAM: reconciling EU climate ambitions with competitiveness.
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Baetens, Freya
(2021).
Lifting the Corporate Veil between China and its State-Owned Enterprises.
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Baetens, Freya
(2021).
State consent to jurisdiction under international investment agreements: pick and choose?
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Baetens, Freya
(2021).
Attribution of Conduct of State-Owned Enterprises (SOEs) to States:
New Prominence, New (Interpretation of) Rules?
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Baetens, Freya
(2021).
Structural Reform or Marginal Adjustment? Improving Nomination and Election Procedures to the International Bench.
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Baetens, Freya
(2021).
Evaluating compromissory clauses: “Matters provided in treaties and conventions in force”.
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Baetens, Freya
(2021).
Public health rights vs international trade rules: how to resolve the tension’.
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Baetens, Freya
(2021).
Judges’ identity and diversity: differences between domestic and international adjudication.
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Baetens, Freya
(2021).
Must the age of the individual end? The push for collective rights in international lawmaking.
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Baetens, Freya
(2021).
Attribution of Conduct of State-Owned Enterprises to States: New Prominence, New Rules?
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Baetens, Freya
(2021).
Sustainable Investment: Mobilising Legal and Institutional Reform for Investment and Long-Term Sustainable Development.
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Baetens, Freya
(2021).
China and International Investment Law – An Emerging Rule-Maker?
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Baetens, Freya
(2021).
International Courts: Legitimacy, Perception and Outcomes.
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Baetens, Freya
(2021).
Better or worse: comparing the new model BITs of India, Colombia, the Czech Republic, and the Netherlands with their respective predecessors or older treaties?
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Baetens, Freya
(2021).
Mind the gap – Geographical Diversity between East and West in International Arbitration.
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Strain, Nicola Claire
(2021).
Invoking Systemic Ideals or Legal Rules? How International Economic Tribunals Approach Systemic Integration and Jurisdiction.
völkerrechtsblog.
ISSN 2510-2567.
doi:
10.17176/20210901-112603-0.
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Baetens, Freya
(2021).
The WTO and climate change mitigation and adaptation.
In Delimatsis, Panos & Reins, Leonie (Ed.),
Encyclopedia on Trade and Environmental Law.
Edward Elgar Publishing.
ISSN 978 1 78347 697 8.
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Baetens, Freya
(2021).
Transcending Traditional Boundaries of Sovereignty and Territorial Jurisdiction: Investment Law and the Digital Economy – Response to Andrea Bjorklund.
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Baetens, Freya
(2021).
Protecting global public goods through erga omnes obligations: From the International Court of Justice to domestic litigation?
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Baetens, Freya
(2020).
Evaluating Compromissory Clauses Submitting Disputes to ICJ Jurisdiction: ‘Matters Provided in Treaties and Conventions in Force’ .
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Baetens, Freya
(2020).
COVID-19 Defences against International Trade Law Claims.
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Strain, Nicola Claire
(2020).
Assessing emergencies before investor-state arbitral tribunals: BITs fit for purpose to address global health pandemics?
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Baetens, Freya
(2020).
State consent to jurisdiction under UNCLOS: divide and adjudicate?
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Baetens, Freya
(2020).
Working with authors: Second International Law Review Editors Roundtable.
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Baetens, Freya
(2020).
Regionalism, Universalism and State Consent: Custom and the International Court of Justice.
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Baetens, Freya
(2020).
Regional integration organisations and dispute settlement (intensive lecture series).
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Baetens, Freya
(2020).
Between Universalism and State Consent: Regional Customary International Law before the ICJ.
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Baetens, Freya & Bismuth, Régis
(2020).
Face à Face: Interview with Paolina Massidda – Principal Counsel of the Independent Office of the Public Counsel for Victims at the International Criminal Court.
The Law & Practice of International Courts and Tribunals.
ISSN 1569-1853.
19(2),
p. 135–143.
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Strain, Nicola Claire
(2020).
Confusion and Uncertainty in Procedure: The Forgotten Problem of Jurisdiction and Applicable Law in International Economic Disputes.
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Baetens, Freya
(2019).
Ejusdem Generis and Noscitur a Sociis.
In Klingler, Joseph; Parkhomenko, Yuri & Salonidis, Constantinos (Ed.),
Between the Lines of the Vienna Convention? Canons and Other Principles of Interpretation in Public International Law .
Wolters Kluwer.
ISSN 9789041184030.
p. 133–160.
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Baetens, Freya
(2019).
‘UNCLOS: a tool for regional peace, stability and sustainable use of resources?’.
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Baetens, Freya
(2019).
‘Human rights norms before specialised courts and tribunals: WTO, ISDS, CJEU, African regional courts and ITLOS’.
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Baetens, Freya
(2019).
High-jacking anticipated, prevented and overcome: how to safeguard the WTO appellate system - and beyond.
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Baetens, Freya
(2019).
State consent to the jurisdiction of the International Court of Justice: modify or perish.
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Strain, Nicola Claire
(2019).
The Murky Waters of Jurisdiction and Applicable Law in International Economic Disputes.
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Brandon, Emma Hynes
(2019).
Holding Signatories to Account: Applying interim obligations under Article 18 of the VCLT to states in the process of ratifying the Rome Statute.
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Baetens, Freya; Paparinskis, Martins; Mitrev-Penusliski, Ilija & Gaffney, John
(2019).
Modernisation of the Energy Charter Treaty (ECT), Special Issue.
Transnational Dispute Management.
ISSN 1875-4120.
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Strain, Nicola Claire
(2019).
The Murky Waters of Jurisdiction and Applicable Law in International Economic Disputes.
Show summary
In comparison to many common law domestic systems, there is much less discussion of jurisdiction in international court judgments, leading to a more limited understanding of the limits of international courts’ jurisdiction. This has led to inconsistent, and sometimes incoherent, decisions on the jurisdiction of international tribunals, including by the World Trade Organization (“WTO”) dispute settlement mechanism and investor-state arbitral tribunals. As the limits of the term, ‘jurisdiction’ is relatively unclear, the line between ‘jurisdiction’ and ‘applicable law’ is necessarily blurred. For some scholars, there is a “crucial distinction” between jurisdiction and applicable law, noting that a limited jurisdiction does not imply a limitation of the scope of the applicable law. Comparatively, other scholars appear to link jurisdiction and applicable law by referring to applicable law as part of the jurisdictional authority of the international tribunal to determine the dispute. While such distinction might seem to be merely an academic debate, the distinction between jurisdiction and applicable law is significant to determining the precise scope of the jurisdiction and applicable law to decide questions under other branches of public international law. For the WTO and investor-state arbitrations, the distinction is particularly meaningful given the substantial opportunity for overlap between trade, investment and other branches of public international law. If we take the approach of linking jurisdiction and applicable law suggested by some scholars, this results in a narrow view of the scope of international economic law to consider any other branches of public international law. On the other hand, the “crucial distinction” view arguably enables other branches of public international law to be applied as part of the applicable law. Overall, the tribunals’ application of the distinction will have implications for the interpretation of the outer limits of States’ consent to the dispute settlement system. This paper attempts to analyse relevant literature and case law to determine a coherent definition of, and distinction between, jurisdiction and applicable law in international economic law. Developing a clearer picture of the distinction between these two concepts should help us to come to a greater understanding of the intersection between international economic law and other branches of public international law.
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Baetens, Freya
(2017).
Blogpost: ‘Increasing importance of the transitory mechanism regulating EU Member States’ BITs with third countries: good intentions but problematic implementation?’, http://regulatingforglobalization.com/ (21 Dec. 2017).
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Strain, Nicola Claire
(2022).
Jurisdiction and Applicable Law in Investor-State and WTO Dispute Settlement: Comparing Consent and Inconsistency in the Application of Other International Law.
Universitetet i Oslo.
ISSN 1890-2375.
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