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The Texaco/Libya Arbitration Arbitration btwn govt of Libyan Arab Republic and Cali Asiatic Pil Co and Texaco Overseas Petroleum Co Model contract annexed to petroleum law - clause 16: gov;t of libya will ensure that co enjoys all rights conferred by concession - rights create by this concession shall not be altered except by mutual consent of the parties cali Asiatic Pil co and Texaco overseas petroleum had appointed a new york bar member, Mr. Fowler Hamilton o govt of Libyan arab republic did not appoint arbitrato and declared that it rejected the request for arbitration based on clause 28 of deeds of concession asked the prez of international court of justic to appoint an arbitrartor Issue: what was the law applicable to these contracts? o Concession shall be governed by and interpreted in accordance with principles of law of libya common to principles of international law and in the absence of such common principles then by and in accordance with the general principles of law, including such of those principles as may have ben applied by international tribunals. o Two tiers (1) principles of Libyan law were applicable to extent that such principles were common to principles of international law (2)In absence of conformity, reference was made to general principles of law (1) did parties have right to choose the law of system of law to govern contract o Treaties are not the only agreements governed by international law so too are contracts between states international law of contracts (2) Did libya breach its obligations by adopting nationalization measures o (3) justrifications for govts actions (1)if administrative contracts, could give rise, under certain conditions, to amendments or even to abrogation on part of contracting state (2) based on concept of sovereignty and on nature of measures of nationalization (3) deduced from present statutes of international law.

Tibunal states that intends to rule on basis of positive law but must decided content of positive law and ascertain place which resolutions by the general assembly of the unitednations could occupy therein Memo of 26 July 1974 resoluton No. 3201 practice of united nations Each state maintains complete right to exercise full sovereignty over its natural resources and recognize Nationalization as being a legitimate and internationally recognized method to ensure the sovereignty of the state upon such resources. any dispute relationed to Nationalization should be settle in accordance with provisions of domestic law of the state. does not contradict international law Took out excert of memo that says Nationalization, expropriation or requisitioning shall be based on grounds or resons of public utlity, security or the national interest which are recognized as overriding purely individual or private interests, both domestic and foreign Memo relies on resolutions of general assembly

The Libyan argument rested on the foundations of the 1973 and 1974 UNGeneral assembly resolutions proclaiming a New International Economic Order(NIEO). The legal question for the Arbitrator was whether these NIEO resolutionshad any legal force especially in the light of UN General Assembly Resolution 1803(XVII) if 1962. In 1962 the UN was trying to get a consensus, and the resolutionwas adopted with only a few negative votes

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International Human Rights Law Stage one of human rights: normative foundation entry into force of the UN Charter o UN Charter created with the focus to create an organization that could maintain international peace and security, not on the promotion and protection of human rights o UN Charter provides little development of the law or process of human rights but is more emphasized on maintaining international peace and security D. European Human Rights Law European convention for protection of human rights and fundamental freedoms was signed on Nov 4, 1950 and came into force on September 3, 1953 Heart of the convention rested in two optional clauses: Art. 25 (now mandatory Art. 34) gave individuals as well as states the right to petition the European human rights system, and Art. 46 (now mandatory Art. 32) gave European Crt of Human Rights jurisdiction to hear and try cases already reported on by the Commission European Crt of Human Rights in Strasbourg France, is most successful of all international human rights crts or commissions jurisdiction extends to 47 states. By 2000, 41 countries had ratified the European Human Rights Convention and thus accept the Conventions now mandatory right of individual petition and jurisdiction of the court o On Nov. 1, 1998, convention was significantly amended by Protocol No. 11, which not only transformed the two critical optional clauses into mandatory provisions, but merged the part-time Euro Commission and Crt of Human Rights into single full-time European Crt of Human Rights The Sunday Times Case negotiations began on proposal by Distillers to establish charitable trust fund for all deformed children.proposal was made subject to condition that all parents accepted but 5 refused then changed condition with requirement that substantial majority of parents consented o Reports concerning the deformed children had appeared regularly in The Sunday Times footnote in one of the articles said in a future article The Sunday Times would trace how the tragedy occurred the Divisional crt of the Queens Bnech Division granted the Attorney-Generals application

for an injuction restraining publication of this future article on ground that it would constitute contempt of crt. o Unpublished article talked about how Distillers never tested the product and instead relied heavily on German tests o Distillers took the german drug and did trial on it which should how the drug suppressed the thyroid gland and even though researchers warned that more tests were needed, Distillers did not rely on this advice,basing their decision on Flimsy evidence In April of 1958 Distillers said completely safe In 1961 children were born with deformities and Australia discovered that the drug was the cause Distillers ended the public sale immediately afterwards. o Distillers argued that it sincerely believe that thalidomide was free from toxicity at the time it was put n the market o Distillers made formal complaint to Attorney-General that Sunday Times article constituted contempt of crt in view of litigation still outstanding o Though the article doesnt express views of legal responsibility of Distillers it may skew the minds of the tribunal and witnesses

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