Frisch, Max: Andorra (Ausschnitt)

Frisch, Max

doi:10.1007/978-3-322-83416-4_49

Cited by 3 publications

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“…This may be one of the reasons why, as several of the contributions confirm, 43 many investment tribunals appear to treat the ARSIWA very similarly to a treaty, seemingly also applying interpretation rules similar to Articles 31 and 32 VCLT to the ARSIWA. A bit like Andri, the protagonist in Max Frisch's play Andorra, 44 the ILC Articles, by repeatedly being attributed a different identity, somewhat assume such new identity. Arguably, such attribution to one thing of something else until it becomes this other thing is the very essence of custom: this is at least how a new rule of custom emerges -if the breach of a rule is repeated long enough and 'accepted as law', such breach becomes the new customary rule.…”

Section: Musings On Custom and International Investment Lawmentioning

confidence: 99%

Custom and Its Interpretation in International Investment Law

Merkouris,

Kulick,

Álvarez-Zarate

et al. 2024

Custom and Its Interpretation in International Investment Law

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At first glance, one may think of international investment law (IIL) as a response to custom (or lack thereof), instead of a field of its application. Indeed, modern IIL and arbitration arguably have developed in order to fill the void provoked by the challenges to the Hull formula and other custom regarding the treatment of aliens, especially post-1945 and, most notably, through the New International Economic Order (NIEO). Hence, one may be inclined to wonder whether an inquiry into the relationship of custom and IIL, as this edited volume intends, represents a rather skewed or anachronistic choice of topic.However, in fact, the opposite is the case. Looking at the practice of international investment tribunals as well as the central discussions in international legal scholarship, general international law and most of all customary international law (CIL) is pervasive, if not to say ubiquitous. The interpretation and application of customary rules and principles is the bread and butter of IIL and arbitration. Interpretation, termination or provisional application of treaties, attribution of conduct, circumstances precluding wrongfulness or reparation and other remedies are but a few examples of how CIL permeates the IIL and arbitration. Custom is of pivotal importance in nearly every single investment dispute. Even beyond 14

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Section: Musings On Custom and International Investment Lawmentioning

confidence: 99%

Custom and Its Interpretation in International Investment Law

Merkouris,

Kulick,

Álvarez-Zarate

et al. 2024

Custom and Its Interpretation in International Investment Law

View full text Add to dashboard Cite

show abstract

“…Both religion and racism, gender conflicts and social antagonism always appear to be at play in this universal conundrum of humanity (Opitz 1992). And then there is also the need for a scapegoat, a universal tendency always to blame a minority for whatever the majority considers as a threat, embarrassment, or its own failure, as expressed extraordinarily well by the Swiss writer Max Frisch in his play Andorra from 1961 (Frisch 1961). Fear and the absence of rationalism, lack of trust, and the rejection of ancestral family members within the global human community are some of the critical factors in this entire phenomenon (Ekotto 2023; she engages, above all, with James Baldwin in his conversation with Margaret Mead; Baldwin 1971).…”

Section: Introductionmentioning

confidence: 99%

Blacks in the Middle Ages – What About Race and Racism in the Past? Literary and Art-Historical Reflections

Classen

2023

Current Research Journal of Social Sciences and Humanities

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Undoubtedly, racism is a deeply-anchored problem that continues to vex our world. There is a long history behind it, which can easily be traced back to the Middle Ages and beyond. This article, however, takes into consideration a number of medieval narratives and art works in which surprisingly positive images of Blacks are provided. The encounter with black-skinned people tended to create problems even for the best-intended white intellectuals or poets during the pre-modern era, but the examples studied here reveal that long before the modern age there was already an alternative discourse to embrace at least individual Blacks as equals within the courtly and the religious context. Since Europe did not yet know the large-scale form of slavery, as it emerged in the sixteenth and seventeenth centuries, there were much less contacts between Blacks and Whites. Nevertheless, the evidence brought to the table here clearly signals that we would commit a serious mistake by equating modern-day racism with the situation in the Middle Ages, as much as modern research (Heng) has argued along those lines. It would be more appropriate to talk about the encounter of races within the literary and art-historical context. Even the notion of Black diaspora would not fully address the issue because the evidence brought to the table here engages mostly with black or half-black knights and other individuals who enjoy considerable respect and appear to be integral members of courtly society both in the East and in the West. Instead of working with theoretical models developed for the analysis of racism in our own times, such as Critical Race Theory (CRT), this study offers close readings of literary examples of personal encounters between members of different races in medieval German and Dutch literature, and of the representation of Blacks in late medieval and early modern art history, concluding with some comments on the first Black philosopher in eighteenth-century Germany.

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“…Como ya se citó anteriormente, todas las células, incluidas las tumorales, cuando pierden contacto entre sí o penetran en la matriz extracelular sufren un tipo de apoptosis denominada anoikis. Las células tumorales son capaces de desarrollar resistencia frente a esta muerte celular, elaborando un tipo de moléculas de adhesión como son las integrinas [216].…”

Section: -Mecanismo De Proliferación E Invasión Localunclassified

Cáncer de colon experimental: caracterización del modelo mediante marcadores tumorales y moléculas de adhesión

Carmona¹

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Frisch, Max: Andorra (Ausschnitt)

Cited by 3 publications

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Custom and Its Interpretation in International Investment Law

Custom and Its Interpretation in International Investment Law

Blacks in the Middle Ages – What About Race and Racism in the Past? Literary and Art-Historical Reflections

Cáncer de colon experimental: caracterización del modelo mediante marcadores tumorales y moléculas de adhesión

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