Brazilian Loans Case and Serbian Loans Case

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F49777513%3A23330%2F12%3A43916051" target="_blank" >RIV/49777513:23330/12:43916051 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
Brazilian Loans Case and Serbian Loans Case
Original language description
The Brazilian Loans Case and the Serbian Loans Case were a starting point for the development of foreign investment arbitration. Main points of interest in these cases are firstly, how the court determined its jurisdiction and secondly, that the State has a right to represent and protect its nationals before the court, even in civil law matters. The court ruled that any contract which is not a contract between States in their capacity as subjects of international law is in fact based on the municipal law of some country. When ruling on a case and using the municipal law the court is obliged to take into account what the municipal courts have already said on the matter. As a result of these decisions the validity of a gold clause in international contracts was strengthened. Both cases therefore act as a lasting validation of the pacta sunt servanda rule.
Czech name
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Czech description
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Publication year
2012
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name
Max Planck Encyclopedia of Public International Law. Vol. 1
ISBN
978-0-19-929168-7
Number of pages of the result
2
Pages from-to
1049-1050
Number of pages of the book
1149
Publisher name
Oxford University Press
Place of publication
Oxford
UT code for WoS chapter
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