Libyan Arab Republic Research Articles

Significance of the Fezzan Region in French Policy in Libya and the Sahel

For a hundred years, since the French colonization of Chad and Niger, the Libyan region of Fezzan has played a significant role in the French strategy in Africa. The determining factor in the importance of the region for the policy of Paris was played by the transnational processes of the Fezzan border. The ethnic proximity of Fezzan and the northern regions of the Sahelian countries catalyzed the Franco-Libyan clashes in Chad in the 1900s, when the colonialists faced the resistance of the Senussi order, which was suppressed only with the beginning of the Italian conquest of Libya. The desire of Paris to establish control over the region to ensure the security of its possessions in the Sahel and their connection with the Algerian departments formed the basis of its policy in the middle of the 20th century. The significant influence of the region on the Sahel after decolonization prevailed, most clearly manifested in the 1970s and 1980s, when the Libyan Arab Republic tried to use ethnic contradictions in Chad to establish its hegemony in the north of the country, which, in turn, led to a conflict with Paris, in which the Fifth Republic, thanks to skillful work with the tribes of the Libyan-Chadian borderlands. After the outbreak of the civil war in Libya in 2011, Fezzan regained its importance for French politics due to the emergence in the region of terrorist structures associated with transnational Sahelian crime, the Chadian opposition and the forces of other great powers. The article examines the patterns of the French strategy towards Fezzan, in particular the French security policy in the Fezzan borderlands. The study of the historical retrospective of French politics allows us to more thoroughly determine the motives and intentions of the strategy of the Fifth Republic in southwestern Libya at the present stage.

‘King of Kings of Africa’

Abstract During the 2011 uprisings, artists and cultural agents unleashed biting pictorial forms of ridicule in Libya’s public domain. Their chief target was Muʿammar Qaddafi, the ‘Brother Leader’ of the Libyan Arab Republic and the so-called ‘King of Kings of Africa’. After failing to win support from Arab governments, Qaddafi campaigned for African unity, fashioning himself as a traditional sub-Saharan chief during the decade leading up to the ‘Arab Spring’. His bombastic African title, his Afro-like (shafshufa) hairstyle and his eye-catching robes made him an easy target for visual satire, which turned visibly more racist when he and his son, Sayf al-Islam, resorted to using mercenaries from the Sudan, Chad, Niger and Mali to violently suppress street demonstrations. Throughout the uprisings, anti-government actors sought to degrade Qaddafi through the use of ethnic stereotypes, revealing that, in the particular case of Libya, satirical contentions during the so-called ‘Arab Spring’ were not just transgressive and factional, but instrumentally racist as well.

Comparison of the Plants floras of Xinjiang Province, China, and Libya

The flora composition of Xinjiang Province, China, and Libyan Arab Republic of families, genera, and species were compared. The common characteristics of flora components of two areas are that plant species are abundant, there are 3848 species belonging to 138 families,863 genera in Xinjiang, and 2103 species belonging to 155 families, 856 genera in Libya. Results show that floras compositions of both areas had similarities and differences. The life form distribution among Xinjiang and Libya vascular plants was characterized by a high proportion of herbs (annual to perennial). Whereas the low number of woody (tree and shrub) in our dataset. Two regions vascular plants similarity is more than 78.2% at the family level and more than 42.9% at the generic level, but is rather less 10% at the species level. Only a small number of shared species have been used prevalently as an important food plant since long history of cultivation and planting by human life. Through the above analysis that indicate both areas plants of flora relation and difference, due to significant differences distant and climate generate different the flora composition.

The Audacity of the Texaco/Calasiatic Award: Rene-Jean Dupuy and the Internationalization of Foreign Investment Law

The Texaco Overseas Petroleum Company and California Asiatic Oil Company v. The Government of the Libyan Arab Republic awards refer to concession contract provisions and a political context that are now obsolete. Thus, this article argues on the one hand that the award on the merits, delivered in January 1977, provides an unparalleled opportunity to survey almost every facet of the world of international investment arbitration of the past. On the other hand, the award must nevertheless also be read as forward-looking. By fostering a shift from the traditional hegemony of national jurisdiction in international investment law to the internationalization of international contracts, the article underlines that the award on the merits remains the finest example of Rene-Jean Dupuy's long-lasting contribution to international law doctrine. By way of conclusion, it suggests that it provides the very best expression and point of entry into Professor Dupuy's understanding and shaping of what he coined �la communaute�.

Housing in Libya: 1950–1980∗

According to the Report of a United Nations' mission to the Libyan Arab Republic in 1973 to assess the requirements of the Government for United Nations assistance in the development of her cities and villages, physical planning was almost unknown in Libya before the discovery and development of oil. Since then, however, the country has endeavoured to fashion a physical framework within which economic and social development could take place. Extensive assistance from the United Nations and numerous international consulting firms which were commissioned to prepare Plans for the country's five Planning Regions resulted in 30 comprehensive Master Plans and 154 Outline Plans. The aim of this paper is to review the various housing programmes in Libya during the first three decades of the post-independence era. Although an attempt is made to examine the evolution of Government policies in the housing sector, the central emphasis is on the place of housing in each of the six National Development Plans from 1951 to 1980. The paper notes that notwithstanding the fact that Libya is a socialist country, private sector contribution to social housing in Libya is in fact quantitatively more than that of the public sector and proportionately higher after the 1969 revolution than before.

United States: Hanoch Tel–Oren v. Libyan Arab Republic et al. (Terrorist Acts; Violation of Law of Nations; Alien Tort Statute; Foreign Sovereign Immunities Act; Lack of Subject Matter Jurisdiction)

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.

Judge Bork’s Concept of the Law of Nations is Seriously Mistaken

A recent decision of the Court of Appeals for the District of Columbia Circuit, Tel-Oren v. Libyan Arab Republic, is sparking considerable controversy and will undoubtedly be examined at length in law journals. The events in issue occurred March 8, 1978, when 13 heavily armed members of the Palestine Liberation Organization left Lebanon for Israel under instructions to seize and hold Israeli civilians in ransom for the release of PLO members incarcerated in Israel. On the main highway between Haifa and Tel Aviv, they stopped and seized a civilian bus, a taxi, a passing car, and later a second civilian bus, taking the passengers hostage. While proceeding toward Tel Aviv with their hostages gathered in the first bus, the terrorists fired on and killed numerous occupants of passing cars as well as some of their own passengers. They also tortured some of their hostages. At a shoot-out with the police at a police barricade, the terrorists shot more of their hostages and then blew up the bus with grenades. As a result of the terrorists’ actions, 22 adults and 12 children were killed, and 63 adults and 14 children were seriously wounded.

Libyan American Oil Company v. Socialist People's Libyan Arab Jamahiriya, Formerly Libyan Arab Republic

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State — Libyan nationalization of rights and assets of United States company under oil concession agreements — Whether arbitral award rendered against Libya in Switzerland could be recognised and enforced under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award because Libyan nationalization was an act of State — Whether Hickenlooper Amendment to Foreign Assistance Act 1964 required court to recognise and enforce award even if act of State doctrine was applicable — The law of the United StatesJurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Libyan nationalization of rights and assets of United States company under oil concession agreements — Foreign Sovereign Immunities Act 1976 — Waiver of sovereign immunity — Whether Libya waived immunity by agreeing to arbitration and choice of law clauses in concession agreements — Whether arbitral award rendered against Libya in Switzerland recognizable and enforceable under Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award — Whether Libyan nationalization act of State — The law of the United StatesDisputes — Arbitration — Enforcement of award by proceedings in municipal courts — Sovereign immunity — Waiver — Act of State Convention on the Recognition and Enforcement of Foreign Arbitral Awards — The law of the United States220 State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nationalization of oil concessions — Arbitral award of compensation against State in favour of foreign company — Enforcement by confirmation proceedings in domestic courts — Sovereign immunity — Whether agreement to arbitrate anywhere that Arbitrator may determine a waiver of sovereign immunity — Foreign Sovereign Immunities Act 1976 — Act of State — Whether court precluded from enforcing award because nationalization an act of State — Hickenlooper Amendment to foreign Assistance Act 1964 — Whether applicable — Whether concession rights ‘property’ — Whether nationalization contrary to international law — Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of the United States

Libyan American Oil Company (Liamco) v. Government of the Libyan Arab Republic

International law in general — Sources — State practice — United Nations General Assembly resolutions — Resolution on nationalization — Whether a source of international law — Whether evidence of dominant trend of international opinionStates as international persons — In general — Recognition of acts of foreign States and governments — Nationalization of concession held by foreign company — Act of State — Whether entitled to international recognition — Whether capable of being questioned in arbitration proceedings — Whether restitutio in integrum can be ordered by Tribunal to restore position prior to nationalizationState responsibility — Damages — Measure of damages — Award of damages in general — Damages for unlawful taking of property — Compensation for lawful nationalization — Principles of assessment — Equitable measure of compensationState responsibility — Damages — Measure of damages — Indirect damages and damages for loss of profits — Whether damages for loss of profits required in case of unlawful taking of property — Whether compensation for lawful nationalization of concession should include loss of profits — Equitable measure of compensationState responsibility — Interest — In general — Award of interest in case of termination of concession — Whether interest payable under proper law of concession — Whether interest usurious — Libyan lawState responsibility — Interest — Rate of interest — Termination of concession governed by Libyan law insofar as compatible with international law — Whether Libyan rate of interest payableState responsibility — Interest — Diesa quo and dies ad quem — Date from which interest payable — Interest only due on liability to pay fixed amount of money — Interest payable from date of arbitration Award rather than date of termination of concessionInternational organization and administration — The United Nations — The General Assembly — Importance of General Assemblyre — solutions as source of international law — Evidence of dominant trend of international opinion — Resolutions on nationaliztionDisputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration between State and foreign company — Lex arbitri — Whether governed by the law of the seat of arbitration Law applicable to concession contract — General principles of private international law for determining proper law of a contractDisputes — Arbitration — In general — Appointment of arbitrators — Refusal of one party to appoint arbitrator — Appointment by President of the International Court of JusticeDisputes — Arbitration — Procedure — Procedure before the tribunal — Power of tribunal to determine own rules of procedure — Procedure in default of appearance by one partyDisputes — Arbitration — Procedure — Competence to determine jurisdiction — Arbitrability of dispute — Survival of arbitration clauseDisputes — Arbitration — Evidence — Duty of tribunal to decide on best evidence available — Effect of failure of one party to appear Evidence regarding methods of computing sums claimedState responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nature of concessions — Whether administrative — Whether primarily contractual — Property rights — Conditions of amendment or termination by State — Proper law of concessions — Reference to international law and general principles of law — Nationalization — Extent of State’s right to nationalize — Requirement that nationalization be for a public purpose — Whether still a rule of international law Requirement that nationalization be non — discriminatory — Effect of United Nations General Assembly resolutions on nationalization — Whether premature termination of concession by nationalization a delict or a lawful act giving rise to duty to compensateRestitutio in integrum — Availability in international law — Whether contrary to sovereignty of State — Whether amounting to cancellation of nationalization measures — Act of State — Declaratory award — Similarity to restitutio in integrumCompensation — Measure of compensation — Damnum emergens — Lucrum cessans — Whether compensation for loss of profits required — Equitable measure of compensation — Interest — Whether interest usurious — Rate of interest — Date from which interest payable — CostsArbitration — Arbitration between State and foreign company Procedure — Lex arbitri — Whether arbitration subject to the law of the Tribunal — Award given in default of appearance — Appointment of Sole Arbitrator by the President of the International Court of Justice

The occurrence of Simulium s. l. in the Libyan Arab Republic.

Acquisition of new material of Simuliidae from the Libyan Arab Republic confirms the presence in the Cyrenaican region of that country of three species of Simulium s. 1. breeding in the few flowing watercourses (‘wadis’) that have not yet been tapped at their sources. The material is discussed in relation to the few old records of Libyan simuliids, and it is shown that these are based on misidentifications. The one existing record of Simulium damnosum in Libya is discounted as erroneous. One Libyan species is mammalophilic and a widespread biter of equine animals in the Mediterranean subregion but there are no biting records from Libya and simuliids have little or no medico-veterinary importance in the country. Simuliids appear destined to disappear from Libya in a short time, when the last free-flowing streams are harnessed for urban water supply.

International Arbitrations between States and Foreign Private Parties: the Libyan Nationalization Cases

On November 29 and 30, 1971, Iran occupied three islands, which were nominally under British protection, in the Persian Gulf. As a result of Britain’s failure to prevent the occupation, the Government of the Libyan Arab Republic, on December 7, 1971, announced the nationalization of all of the interests and properties in Libya of BP Exploration Company (Libya) Limited (BP), a subsidiary of British Petroleum Company Limited. On September 1, 1973, on the fourth anniversary of the military takeover of Libya led by Colonel Muammar el-Qaddafi, the Government of Libya announced the nationalization of 51 percent of the interests and properties in Libya of nine international oil companies. Approximately 5½ months later, on February 11, 1974, on the eve of the opening of the Washington conference of major oil-importing nations, the Government of Libya announced the nationalization of the remaining 49 percent of the interests and properties in Libya of three of those nine companies: Texaco Overseas Petroleum Company (TOPCO), a subsidiary of Texaco Inc.; California Asiatic Oil Company (CALASIATIC), a subsidiary of Standard Oil Company of California; and the Libyan American Oil Company (LIAMCO), a subsidiary of Atlantic Richfield Company.

Tree Age and Dominance Patterns in Great Basin Pinyon-Juniper Woodlands

Prior studies of pinyon-juniper woodlands at a few locations have indicated considerable historical expansion of the trees and loss of understory. Whether these changes are a widespread phenomenon and related to pervasive, rather than local, influences was the question asked by this research. An objective sampling of 18 randomly selected mountain ranges in the Great Basin was undertaken. Tree age and dominance in the pinyon-juniper woodlands showed definite geographical, elevational, and historical trends. The oldest, most tree-dominated woodlands were located in areas of intermediate topography where disturbances may have been less frequent. Populations of both tree species [Pinus monophylla (Torr.) and Juniperus osteosperma (Torr. and Frem.)] were progressively younger and less dominant in both upslope and downslope directions from the intermediate elevations. Tree densities have also historically increased within the oldest woodlands. Pinyon density has increased faster than that of juniper. Approximately 40 percent of the sampled plots had their trees establishing during the last 150 years. These changes generally coincide with introduction of heavy livestock grazing, tree utilization by the mining industry, and fire suppression that followed settlement of the region. Associated climatic trends were also investigated. The relative importance of these influences on the changes in tree age and dominance cannot be determined without further research. The loss of understory, coincident with increasing tree dominance, has reduced forage production and made the woodlands progressively less susceptible to fire. Barring some major environmental change or management action, this forage reduction and decreased frequency of burning will continue until trees dominate much more area. Pinyon-juniper woodland is an important range type that has apparently increased in area and density over the last century (Plummer 1958, Christensen and Johnson 1964, Murdock and Welsh 1971, West et al. 1975). In the Great Basin, the type now occupies an area of nearly 18 million acres (Tueller et al. 1979). Although changes in tree dominance in these woodlands have been widely discussed, the few existing studies (Cottam and Stewart 1940, Woodbury 1947, Blackburn and Tueller 1970, Barney and Frischknecht 1974, West et al. 1975), have provided only limited documentation of these changes. Many combinations of natural and man-influenced causes have been proposed (West et al. The authors are former graduate research assistant, professor and former graduate fellow, respectively, Department of Range Science, Utah State University, Logan 84322. Tausch’s current address is 401 Manzanita Avenue, Carte Madera, California 94925. Nabi’s current address is Department of Range Science, Colorado State University, Fort Collins 80523. This research was performed under a cooperative agreement with the Intermountain Forest and Range Experiment Station, U.S. Forest Service. McIntire-Stennis Forestry Research Act funding was also provided from the Utah Agricultural Experiment Station, of which this is Journal Paper No. 2328. Nabi’s contributions were financially supported by the Ministry of Education of the Libyan Arab Republic. We are indebted to Mr. Robert Bayn for drafting the figures and to many others too numerous to mention individually for assistance in the collection and processing of these data. Manuscript received November 16, 1979. JOURNAL OF RANGE MANAGEMENT 34(4), July 1981 1975, Burkhardt and Tisdale 1976). Ecologists and land managers have questioned whether the reported thickening of trees in the original stands and invasion of former grasslands and shrubland are a widespread phenomenon controlled by a few wide-reaching factors common to the region or of only local importance. In addition, the rates of change, including the secondary succession resulting from tree re-establishment in areas denuded by tree cutting for mine props and charcoal, has not been totally determined (Lanner 1977, Budy and Young 1979). The following is a report of our attempts to provide an overview of the spatial and elevational variation of tree age and dominance in the Great Basin pinyon-juniper woodlands by describing existing conditions, historical changes, and apparent rates of change.

IUGG—Canberra

One of the best meetings since World War II—that's how one delegate described the General Assembly of the International Union of Geodesy and Geophysics (IUGG), held in Canberra, Australia, last December. Overall, delegates indicate that the gathering was a satisfying one from scientific, organizational, and arrangement standpoints.Persons from 71 countries participated (see Table 1). The Hashemite Kingdom of Jordan and the Libyan Arab Republic joined the Union as new members. For the first time, the People's Republic of China played a major part in the assembly. About 50 scientists from that country attended. There was also at least one participant from Taiwan at the sessions.

North African News Letter 2

The North African News Letter will rotate areas of coverage, so that each part of North Africa can be reviewed every five or six years. This Newsletter is devoted to archaeological work in (Libyan Arab Republic) between 1973 and 1977, with occasional references to more recent work. Cyrenaica 1962-1972 was thoroughly covered in English by M. Vickers and J. Reynolds in JHS-AR 1971-72. Because in the early years of a Letter not all the necessary contacts can be made within the limited time for preparation, regrettably we have been unable to secure accounts of work by the Department of Antiquities and by some other scholars. Certain publications, particularly those published at the end of the period, may not have come to our attention, but they will be included in the next Cyrenaican Letter. Because of limited space, the concentration m'ust be on archaeological rather than purely historical work. In the future, we hope that scholars and students of North Africa may be kind enough to provide brief summaries of their work and publications so that notices may be included.'

Arbitral Tribunal: Award in Dispute between Libyan American Oil Company (Liamco) and the Government of the Libyan Arab Republic Relating to Petroleum Concessions

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.

Libyan Valleys Survey

This project began in 1979. Its objectives are to locate, survey and analyse the extensive remains of ancient agricultural settlement that can be found in the wadis of the hinterlands of Tripolitania, Sirtica and Cyrenaica. Within this framework, established by the Department of Antiquities of the Libyan Arab Republic and UNESCO, is the archaeological aim of recording the evidence for periods when extensive areas of the pre-desert were, for whatever reason, cultivated in ways that are not immediately possible today, and in the longer term of assessing those areas where modern farming might be re-established. Archaeology is thus brought into direct line with the aims of the modern world. This paper presents some preliminary comments on the findings of the 1979 survey, which (as we conclude) have raised questions about ancient settlement and land use rather than provided answers; we hope that our full report on the project in Libya Antiqua will be able to offer a reasoned assessment of these issues, understanding which is surely critical for modern agricultural planning.The first season of fieldwork by the UNESCO-sponsored Anglo-Libyan team under the auspices of the Department of Antiquities, Tripoli, occupied the period from late August to early October. The succeeding months have been taken up with the assimilation, processing and plotting of the initial results. The group was led on the British side by Dr Graeme Barker, of the University of Sheffield, and Professor G. D. B. Jones, of the University of Manchester. Their grateful thanks are due to Dr Salaheddin, at the time President of the Department of Antiquities, and his successor Dr Abdullah Shaiboub, who was at the time in Britain and took an active part in the preparations for the 1979 programme. Mr Abdul Wahab, Controller of Antiquities for Tripolitania took part in the original preliminary survey conducted by Mr Charles Daniels, Chairman of the Society for Libyan Studies, and Professor Jones late in May 1979. Mr Omar Marjub, Controller of Antiquities for Leptis Magna, kindly provided the base for the team at Homs and helped in a variety of ways, both at Leptis and during his visit with Dr Salaheddin in the field. The day-to-day work in the field was organised by Mr Abdullah Ahmed and Mr Muhammed Shitewi, Assistant Controller of Leptis Magna, to whom the Directors are deeply grateful. In Tripoli, the British Ambassador and his wife, Mr and Mrs A. Williams actively fostered the work on the project, not least through their hospitality to members of the team. A particular debt of thanks is due to Olwen Brogan for her constant advice, encouragement and active presence in the field, as well as to Miss Tina Watson.

Middle East — sewerage projects for coastal towns of the Libyan Arab Republic : Newbery, J; Subramanian, A S Q J Engng Geol, V11, N1, 1978, P101–112

Middle East — sewerage projects for coastal towns of the Libyan Arab Republic : Newbery, J; Subramanian, A S Q J Engng Geol, V11, N1, 1978, P101–112

BP Exploration Company (Libya) Limited v. Government of the Libyan Arab Republic

International law in general — Sources — General principles of law — Reference thereto in a concession — Whether distinguishable from public international lawState responsibility — Damages — In general — Whether exclusive remedy for breach of concessionTreaties — Termination of — By act of party — Whether one party may unilaterally terminate — Remedies of innocent party — Suspension of performance — Acceptance of repudiation — Whether extending to specific performance — Vienna Convention on the Law of Treaties 1969, Articles 26, 42, 60 and 65 — Comparison with concessionsDisputes — Arbitration — In general — Law applied by arbitral tribunals — Procedural law — Applicability of municipal law — Dependence upon seat of tribunalArbitration — In general — Law applied by arbitral tribunals — Choice of substantive proper law — “Principles of law of Libya common to the principles of international law” — “General principles of law” — Effect of conflict between principles of Libyan law and of international law — Whether public international law directly applicableArbitration — In general — Law applied by arbitral tribunals — Choice of conflict of laws rules — Relevance of law of seat of tribunal — Lex arbitri — Reference to law specified in contract in issueArbitration — Procedure — Before the tribunal — Effect of absence of respondent partyDisputes — Arbitration — Procedure — Appeals — Request for reopening or continuation of proceedings — Arbitration between State and non — State entity — Whether governed by law of seat of arbitration — The law of DenmarkDisputes — Arbitration — The Award — Appeal and revrsron — e — Grounds of — Allegations of fundamental errors of law and grave defects in procedure — Whether arbitrator competent to re — open and continue hearing — Arbitration between State and non — State entity — Relevance of law of seat of arbitration — The law of Denmark297State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Nature of concession — Whether administrative contracts — Conditions of amendment or revocation by the State — Effect of Nationalization Law — Whether a fundamental breach — Whether a breach of public international law — Relevance of extraneous political reasons, arbitrariness and discrimination — Whether provision for compensation without determination and offer of compensation is confiscation — Effect of breach — Remedies — Whether specific performance and restitutio in integrum are available — Whether distinguishable from a declaration that concession remains in force — Relevance of fact that a State is party to concession — Damages as exclusive remedy — General principles of law

Texaco Overseas Petroleum Company and California Asiatic Oil Company v. The Government of the Libyan Arab Republic

International law in general — Relation to municipal law — Principles of — Inclusion in municipal law — Principles as to restitutio in integrum — Application by arbitral tribunalStates as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — International commitments with private party — Concessionary contracts — Right to nationalize — Whether a mandatory rule of general international law (jus cogens)State responsibility — Nature and kinds of — For revocation of contracts — State bound by acts of its organs — Act of Minister — Conclusion by Minister of Deeds of Concession — State bound therebyInternational organizations — United Nations — General Assembly — Resolutions of — As reflecting or affecting customary international law — Nature of resolution — Character of voting thereon — Permanent Sovereignty over Natural Resources — Charter of Economic Rights and DutiesDisputes — Arbitration — In general — Conception and function of — Contractual nature of — Effect of nationalization measures on arbitration provisions in Deeds of Concession — Autonomy or independence of arbitration clause — Need for compliance by parties with pre-requisites — Attempts to bring about friendly settlementDisputes — Arbitration — Conception and function of arbitration — Restriction to matters of principle to exclusion of question of enforcementDisputes — Arbitration — In general — Law applied by Arbitral Tribunals — Absence of agreement as to choice of law — Determination by Arbitral Tribunal as to law or systems of law applicable — Choice between municipal law and international law — Relevance of intention of parties — Relevance of provision that arbitrator be appointed by President of International Court of Justice — Relevance of exclusion of municipal law in provisions in Deeds of Concession as to Rules of ProcedureDisputes — Arbitration — Arbitration Treaty — Appointment of Arbitrator — Failure of one party to appoint arbitrator — Appointment by President of International Court of JusticeDisputes — Arbitration — In general — Appointment of arbitrator — Failure to appoint arbitrator — Rejection of request for arbitration — Appointment of arbitrator by President of International Court of Justice — Failure of defendant to take part in proceedings — Effect on rights of plaintiffDisputes — Arbitration — Procedure — Waiver of oral argument — Arbitration governed by Rules of Procedure to exclusion of local law — Rules of 1962 prepared by Bureau of Permanent Court of Arbitration — Draft Convention on Arbitral Procedure adopted 1955 by U.N. International Law CommissionDisputes — Arbitration — Procedure — Waiver of oral arguments — Possibility of withdrawing dispute — Non — appearance of one party — Question as to identity of defendant — Attempt to distinguish between State and Minister by whom Deeds of Concession concludedDisputes — Arbitration — Procedure — Competence to determine jurisdiction — Division of proceedings into two parts — Part devoted to question of jurisdiction — Arbitrator as judge of his own jurisdictionDisputes — Arbitration — Procedure — Competence to determine jurisdiction — Question as to existence of dispute or difference — Divergence of interest and opposition of legal views constituting basis for litigationDisputes — Arbitration — Procedure — Competence — Loss by plaintiffs of status as concession holders after nationalization — Whether affecting operation of arbitration clauseDisputes — Arbitration — The Award — Scope and binding force — Judgment by default — Plaintiff’s request for ruling by tribunal — Decision as to restitutio in integrum — Time limit therefor389State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Whether Deeds of Concession are contracts — Nature of concessions — Oil concession — Applicable law — Right of parties to choose law — Application of choice of law clause in contract — Binding nature of contracts derived from international law — “Internationalization” of contract between State and alien private person — Meaning and scope of nationalization of concessions — Whether or not nationalization measures breach obligations under contracts — Whether Deeds of Concession are “administrative contracts” — Whether nationalization terminates legal status of concession holders — Obligation to give full effect to Deeds of Concession after nationalization — Restitutio in integrum — Application of municipal law — Relevance of Muslim law

United States: District Court for the Southern District of New York Decision in Carey and New England Petroleum Corporation V. National Oil Corporation and Libyan Arab Republic (Foreign Sovereign Immunities Act)

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.