PART 1—ADVANCES IN THE TECHNIQUES OF INTERNATIONAL LAW 3
1—State Contracts and their Governing Law：A Reappraisal 3
State Contracts as New International Legal Acts 5
State Contracts as Contracts entered into by States as Subjects of Public International Law 5
State Contracts as Contracts governed by the International Legal Order 8
Responses to some Objections 22
On it being Impossible for Contracts between States and Individuals to come within the International Legal Order 22
On the Preference Given to Public International Law Rather than Transnational Law for Governing State Contracts 32
2—The International Responsibility of States based on Investment Promotion and Protection Treaties 43
State Responsibility in the International Legal Order 46
Characteristics of States’International Responsibility on the Basis of Protection Treaties 47
Justification of Recource to International Law 54
State Responsibility on the Basis of Protection Treaties and State Responsibility in Municipal Law 61
In the Absence of any Contractual Connection between Investor and State 63
In the Presence of a Contractual Connection between State and Investor and with a Separate Dispute Settlement Clause from that Provided by the Protection Treaty 67
3—The State’s Normative Freedom and the Question of Indirect Expropriation 87
Indirect Expropriation in International Law 90
In International Law in General 90
In International Investment Law 93
Maintaining the State’s Normative Freedom 96
Results of Case Law 97
The Prudence of Arbitrators 103
PART 2 ADVANCES IN THE THEORETICAL ANALYSIS OF INTERNATIONAL LAW 111
4—Some Theoretical Reflections on State Contracts 111
The Concept of State in State Contracts 113
The Double Personality of the State in Anzilotti 114
Kelsen’s Dismissal of the Double Personality of the State Presented by Anzillotti 116
The Double Theory of the State in Kelsen 117
Individuals as Subjects of Public International Law 120
Definition of the Subject of International Law 121
Subjects of International Law and‘Legal Communities’of International Law 123
Objections Raised by the Dualist Doctrine 126
Relations between Private Persons and their Home State from the Standpoint of Internalonal Law 128
On the Inequality between States and Private Persons 130
Private Persons bringing Proceedings before International Courts 133
Dismissal of the Petitio Principii that Individuals can never Bring Proceedings before International Courts 133
Can Mixed‘Tribunals’be considered International Courts？The Case of ICSID Tribunals 134
Can‘Mixed’Courts be considered International Courts？The Case of Ad Hoc Tribunals 142
On the Incapacity of General Principles of Law to Internationalise State Contracts 146
Lankarani El-Zein’s Argument 146
Dismissal of this Argument 149
On Stabilisation Clauses in State Contracts 153
Stabilisation Clauses are Purportedly not Characteristic of a New Category of Contracts 154
Stabilisation Clauses Purportedly do not Imply the Internationalisation of State Contracts 156
On the Validity and Efficacy of Stabilisation Clauses 157
5—Hans Kelsen and the Advancement of International Law 165
The Nature of International Law 166
Law in its Own Right 166
Reprisals and War：Sanctions of Decentralised International Law 167
Centralisation of International Law：Collective Security and Compulsory Jurisdiction 168
Changes in International Law：Towards what sort of Civitas Maxima？ 171
Centralisation /Decentralisation of Legal Orders 172
The International Organisation as a Comparatively Centralised Legal Order and its Relations with the State 173
The European Union as a Possible Horizon of International Law 176
Changes in International Law：Internationalised State Contracts and the Status of Private Persons in the International Legal Order 179
The Notion of a State Contract 181
The Possibility of Individuals to be Limited Subjects of International Law 182
6—The Notion of Civitas Maxima in Kelsen’s Work 189
Civitas Maxima and the Primacy of International Law 191
Civitas Maxima and Kelsen’s Conception of Legal Orders 195
The World State： Cognitive Postulate or State Stricto Sensu？ 198
Conclusion 201
7—International Courts in an Interstate Society 203
The Decisive Criterion for the Existence of an International Legal Order 204
Law as a System of Justiciable Rules 204
International Law as a System of Minimally Justiciable Rules 207
Optional Courts and Mandatory Courts 207
Mandatory Judgement and Enforceable Judgement 209
Judicial Third Party and Political Third Party 211
International Courts and the Advancement of the International Legal Order 212
Primacy of the Rule of Law and State Sovereignty 212
Judicial Interpretation and Self-Interpretation of International Law 212
Legal Disputes and Political Disputes 214
The Development of International Law 215
The End of Anarchy 216
8—The State within the Meaning of International Law and the State within the Meaning of Municipal Law （On the Theory of the Dual Personality of the State） 219
The Two Sides or Double Personality of the State 221
The Two Sides of the State in Classical French and German Doctrines 221
The Double Personality of the State in Italian Internationalist Doctrine 226
The Double Personality of the State：Kelsen’s Analysis 239
Ambiguities in Kelsen 240
The Double Personality of the State in a Normativist Conception of Legal Orders：A Proposal 247
PART 3—EUROPEAN UNION LAW：INTERNATIONAL LAW SURPASSED OR INTERNATIONAL LAW ADVANCING？ 257
9—On the Legal Nature of the European Communities 257
Centralisation/Decentralisation of a Legal Order 258
The Kelsenian Interpretation of Federalism 259
The European Community：A Relatively Centralised International Legal Order 260
The Importance of Central Norms 261
The Existence of a Court to Rule on the Apportionment of Jurisdiction between the Central Order and the Local Orders 262
The Direct Applicability of Community Law 263
The Primacy of Community Law 264
The International Legal Order/The State Legal Order 266
Of the Birth of the State 267
Of the Legal Nature of the Community and its Future Development 270
10—A Federation of Nation States or a Federal State？ 273
The Reasons for Community Europe’s Dysfunctions 274
Federation and the Constitutional Theory of the State 276
Confederation of States and Federal State 276
The Federation （J Fischer） or Federation of Nation State （J Delors） 277
Sovereignty and Nation States 279
Sovereignty 280
Nation States 283
The European Federation：Squaring the Circle 284
11—Is there a European Approach to Human Rights？ 287
Introduction 287
The West and the Rest：Europe and the Question of the Universality of Human Rights 290
The European Model of Human Rights：A Concrete Universal 292
It is Possible to Conceive of the Universal and Human Rights Starting from Other Traditions 296
The Universal and the Particular in Human Rights 297
The European Universal and its Relations with other Civilisations 299
The Universal and the Eternal：The Birth of Universal Human Rights in and through History 304
Europe and the West：The European （Properly Speaking） Dimension of Human Rights 306
Birth，Disappearance and Rebirth of Human Rights in Europe 306
The Enforced Hibernation of the Philosophy of Human Rights in Europe 306
Barbarity in Europe and the Renewal of the Philosophy and Positive Law of Human Rights 311
Certain Features of the European Concept of Human Rights 312
Conclusion 325
Index 327