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Martins Paparinskis, LLB (University of Latvia), MJur (Dist, Clifford Chance Prize), MPhil (Dist), DPhil, MA (Oxon), is a Junior Research Fellow at Merton College. He was recently a Hauser Research Scholar at the New York University (2009-2010), and before that tutored as a Graduate Teaching Assistant in Oxford. Martins has varied research interests in the field of general international law. His recent and forthcoming publications mainly address the place of investment protection law and international economic law in the international legal order.
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M Paparinskis, 'Barcelona Traction - A Friend of Investment Protection Law' (2008) Baltic Yearbook of International Law 105
M Paparinskis, Basic Documents on International Investment Protection (Hart Publishing 2012)
M Paparinskis, 'Equivalent Primary Rules and Differential Secondary Rules: Countermeasures in WTO and Investment Protection Law' in Tomer Broude and Yuval Shany (eds), Multi-Sourced Equivalent Norms in International Law (Hart Publishing 2011)
M Paparinskis, 'Inherent Powers of ICSID Tribunals: Broad and Rightly so' in Ian Laird and Todd Weiler (eds), Investment Treaty Arbitration and International Law (Juris Publishing 2012)
M Paparinskis, 'Investment Arbitration and the Law of Countermeasures' (2008) 79 British Yearbook of International Law 264
M Paparinskis, 'Investment Law of/for/before the 21st Century' (2012) 25 Leiden Journal of International Law 225
M Paparinskis, 'Investment Protection Law and Sources of Law: A Critical Look' (2009) 103 ASIL Proceedings 76
M Paparinskis, 'Investment Treaty Arbitration and the (New) Law of State Responsibility ' (2013) 24 European Journal of International Law (forthcoming) [...]
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as right-holders (by reference to human and consular rights), beneficiaries (by reference to the law of treaties rules on third states), or agents (by reference to diplomatic protection). The shift from the state to the investor as the entity invoking responsibility for the breach of investment treaties seems to have influenced the law of state responsibility in a number of distinct ways. The apparent disagreement about the law of state responsibility may sometimes properly relate to questions of treaty interpretation, while in other cases rules from an inter-state context are applied verbatim. In other cases, the different perspectives lead to importantly different conclusions regarding circumstances precluding wrongfulness, elements of remedies, waiver of rights, and, possibly, interpretative relevance of diplomatic protection rules. The overall thesis is that conceptual challenges faced by investment arbitration may be illuminated by the solutions provided by the regimes that formed the background for its creation.
M Paparinskis, 'Investment Treaty Interpretation and Customary Investment Law: Preliminary Remarks' in Chester Brown and Kate Miles (eds), Evolution in Investment Treaty Law and Arbitration (Cambridge University Press 2011)
M Paparinskis, 'Latvia' in Chester Brown (ed), Commentaries on Selected Model Investment Treaties (Oxford University Press 2013)
M Paparinskis, 'Limits of Depoliticisation in Contemporary Investor-State Arbitration' (2010) 3 Select Proceedings of the European Society of International Law 271
M Paparinskis, 'MFN Clauses and International Dispute Settlement: Moving Beyond Maffezini and Plama?' (2011) 26 ICSID Review - Foreign Investment Law Journal 14
M Paparinskis, 'Piracy' in Antonio Cassese and others (eds), Oxford Companion to International Criminal Justice (Oxford University Press 2009)
M Paparinskis, 'Procedural Aspects of Shared Responsibility in the International Court of Justice' (2013) 4 Journal of International Dispute Settlement (forthcoming) [...]
In recent years, the International Court of Justice has been increasingly asked to adjudicate upon claims of State responsibility that raise or at least touch upon the possibility of international responsibility of multiple entities. In different substantive contexts, these cases raise similar conceptual questions that might be articulated by reference to the concept of ‘shared responsibility’. The focus of this article is on procedural matters, and in particular on how shared responsibility may be implemented in the ICJ. The argument will be made in three steps, dealing in turn with the manner in which cases concerning shared responsibility could be brought before the Court, the way how such cases could be handled, and the challenges raised in such cases by absent parties. The article argues for a nuanced consideration of the rationale of the procedural challenges: some are unremarkable in conceptual terms and reflect the broader judicial architecture of the Court, while others are of particular importance for shared responsibility, even though the particular legal issue might be mutatis mutandis relevant to other multilateral disputes.
M Paparinskis, 'Regulatory Expropriation and Sustainable Development' in Markus W Gehring, Marie-Claire Cordonier Segger and Andrew Newcombe (eds), Sustainable Development in World Investment Law (Kluwer Law International 2011)
M Paparinskis, 'Republic of Latvia Materials on International Law 2003' (2004) 4 Baltic Yearbook of International Law 209
M Paparinskis, 'Republic of Latvia Materials on International Law 2004' (2005) 5 Baltic Yearbook of International Law 235
M Paparinskis, 'Republic of Latvia Materials on International Law 2005' (2006) 6 Baltic Yearbook of International Law 383
M Paparinskis, 'Republic of Latvia Materials on International Law 2006' (2007) 7 Baltic Yearbook of International Law 367
M Paparinskis and Ieva Miluna, 'Republic of Latvia Materials on International Law 2007' (2008) 8 Baltic Yearbook of International Law 227
M Paparinskis, 'Sapphire Arbitration' (2010) Max Planck Encyclopaedia of Public International Law
M Paparinskis, 'Sapphire Arbitration' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)
M Paparinskis, 'Shared Responsibility in the International Court of Justice' (2012) SHARES Research Paper 15
M Paparinskis, 'Singapore Oil Stocks Case' (2010) Max Planck Encyclopaedia of Public International Law
M Paparinskis, 'Singapore Oil Stocks Case' in Rüdiger Wolfrum (ed), Max Planck Encyclopaedia of Public International Law (Oxford University Press 2012)
M Paparinskis, 'Sources of Law and Arbitral Interpretations of Pari Materia Investment Protection Rules' in Ole Kristian Fauchald and André Nollkaemper (eds), The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hart Publishing 2012)
M Paparinskis, The International Minimum Standard and Fair and Equitable Treatment (Oxford University Press 2013)
Public International Law @ Oxford
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