Tamar Meshel's research while affiliated with University of Toronto and other places

Publications (4)

Article
Much controversy has surrounded the recent arbitration between Croatia and Slovenia. Nonetheless, the proceedings represent a welcome step in the right direction in terms of the perception and use of arbitration as a quasi-diplomatic interstate dispute resolution mechanism. Such an approach to arbitration is evident both in the parties' arbitration...
Article
On 6 June 2016 Chile submitted its long-standing dispute with Bolivia concerning the Silala/Siloli watercourse to the International Court of Justice. Since 1997 Bolivia has contended that the watercourse is not international and that it therefore belongs exclusively to Bolivia. In its application, Chile requested that the court “declare that the Si...
Article
The increasing use by States of extraterritorial targeted killing as a counter-terrorism tool in recent years has given rise to controversial questions concerning its legality under international law. This article first explores the international legal regimes purporting to govern State-sponsored targeted killing and evaluates their ability to effe...
Article
This article analyses the restrictive approach adopted by investor-State arbitration tribunals to human rights arguments raised by host States, as exemplified in the case of the human right to water, and examines the potential implications of this approach for the international human rights regime and the legitimacy of investment arbitration. The a...

Citations

... 4 In doing so, the case set a significant precedent with powerful implications for both the practice and legality of targeted killings, the setting of guidelines and a larger model for confronting terrorism both in Israel and around the world. 5 Moreover, the ruling reaffirmed the rule of law in the context of war and counterterrorism as it pertains to targeted killings. As Justice Barak wrote, 'democracy fights with one hand tied behind its back'; although faced with legal limitations, these may ultimately serve to 'strengthen democracy and its spirit'-and subsequently the state's efforts to fight terrorism. ...
... Although the concept of r ıo is perhaps the most concrete of the categories, its definition has become an important question in international relations. Passing over the Chile-Bolivia border, the Silala is a watercourse that Chile claims flows naturally into its territory (i.e., is a r ıo), while Bolivia claims that the channel was artificially diverted into Chilean territory (i.e., is a canal), resulting in a dispute before the International Court of Justice (Meshel, 2017). The lack of a scientifically based definition for r ıo leaves the work of proving the categorisation of this waterway to lawyers on each side. ...
... At one point, the claims against Argentina for its handling of the 2001 financial crisis amounted to around US $80 billion (Lavopa 2015, p. 2) while financially strapped Venezuela has been ordered to pay US $8 billion in a single case (ICSI 2019). Scholars recognise that the cost and jurisprudence incohérente of IIL can render states unwilling or unable to adopt necessary regulation that harms investors' interests (e.g., Sim 2018; Davitti 2019; Van Ho 2016;Wandahl Mouyal 2018;Meshel 2015;Choudhury 2009). Tribunals have never considered how these types of awards impact the state's ability to meet its IHRL obligations, particularly their obligation to use the maximum of their available resources to fulfil economic, social, and cultural rights. ...