While the UN Charter serves as a kind of world Constitution and article 103 is unmistakable in stipulating that the Charter prevails over all other t… - Alfred-Maurice de Zayas

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While the UN Charter serves as a kind of world Constitution and article 103 is unmistakable in stipulating that the Charter prevails over all other treaties, the political narrative does not always conform to this legality. There is a degree of “fragmentation” in international law, which States invoke self-servingly to apply international law selectively, violating general principles of law — not by accident, but deliberately and calculatingly, just to see whether they can get away with it.

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About Alfred-Maurice de Zayas

Alfred Maurice de Zayas (born May 31, 1947, Havana, Cuba) is an American lawyer, writer, historian, an expert in the field of human rights and international law, a peace activist, President of PEN International Centre Suisse romand (2006-09 and 2013-17), United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur 2012-2018), appointed by the United Nations Human Rights Council. Professor of International Law.

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Most worrisome are the ISDS arbitrations, which constitute an attempt to escape the jurisdiction of national courts and bypass the obligation of all states to ensure that all legal cases are tried before independent tribunals that are public, transparent, accountable and appealable.

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