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International Dispute Settlement: Room for Innovations?
This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
The Global Administrative Law of Science
We live in a world of science. Yet this is impossible without a legally guaranteed freedom to practise it. Findings with regard to the elements of such freedom can be deduced from an analysis of international and domestic provisions and principles. There are a plethora of international institutions, legal rules and global norms for the purpose of the international governance of science. The institutions and rules are to be interpreted in light of this freedom to guarantee the continuous existence of the knowledge-based society by means of a global administrative law of science. These aspects were analysed in a research project funded by the German Research Foundation. The book’s purpose is to present the jurisprudential results. In addition, empirical results are collected in a freely available database. The study is composed of 5 parts: The Concept of Science/Global Administrative Law/Constitutional Basis: The Freedom of Science/Institutional Design/Governance Mechanisms.
The Exercise of Public Authority by International Institutions
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...
Arctic Science, International Law and Climate Change
Developments in the Arctic region are increasingly part of international discussion. The book contains a comprehensive and interdisciplinary analysis of the current problems around marine scientific research in the Arctic region. It combines scientific, legal and policy aspects. The main questions addressed are: ongoing and future Arctic marine research, marine research in the Arctic Ocean in practice, the legal framework, enlarged continental shelves and the freedom of marine science and particularities and challenges of the Arctic region. The contributors are leading experts in the field of politics, law and science.
Peace through International Law
Georg Nolte Excellencies, dear Colleagues, Ladies and Gentlemen, I welcome you to our colloquium on the occasion of the sixtieth an- versary of the International Law Commission. The Ludwig Maximilians University of Munich and the Humboldt University of Berlin are happy that you have followed our invitation. We are particularly proud that a majority of the members of the Int- national Law Commission have accepted our invitation. The presence of one former member of the Commission deserves special mention: Bruno Simma is now not only a Judge at the International Court of J- tice but also, if I may say so, the “local hero”, having held the wond- ful Chair for International Law at the Univer...
Law of the Sea in Dialogue
The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.
Crime Fiction in German
It provides English-language readers with easy access to the history and development of German-language crime fiction for the first time. Contains a chronology of German-language crime fiction. Key dates, developments and texts are presented in a tabular form at the beginning of the volume. This is a unique selling point (new to the series) and provides the reader with an ‘at a glance’ overview of the volume. an introductory chapter that provides a comprehensive overview of the development of German-language crime and its key concepts and trends from the nineteenth century to the present day (including East German, Turkish-German, Jewish-German and regional crime). The chapter can be read as a standalone, but also acts as a gateway to the volume’s chapters. The chapters provide the reader with a wealth of information about key areas of crime fiction from around the German-speaking world. an annotated bibliography of published and online resources. This will be particularly useful for scholars in the field. a map of the German-speaking world that allows readers to see the majority of different geographical regions discussed in the volume.
International Judicial Lawmaking
Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.
Grundlagen und Grenzen des Folterverbotes in verschiedenen Rechtskreisen
Das absolute Verbot der Folter, wesentlicher Bestandteil der internationalen Menschenrechtsverträge des 20. Jahrhunderts, ist in jüngster Zeit in die Diskussion geraten. Die vorliegende Arbeit untersucht die Reichweite des Folterverbotes auf der Ebene des Völkerrechts und am Beispiel der deutschen, israelischen und pakistanischen Rechtsvorschriften. Neben der Darstellung der Rechtslage analysiert die Autorin insbesondere die Auswirkungen des jeweiligen historisch-kulturell bedingten Verständnisses der Menschenwürde auf das Folterverbot.
Application of international treaties in China (English summary)
Die Arbeit untersucht die Anwendung völkerrechtlicher Verträge in der Volksrepublik China. Die erste grundlegende Studie dieser Art in einer westlichen Sprache untersucht die Umsetzung des Rechts der Welthandelsorganisation genauso wie der Verträge zum Menschenrechtsschutz. Der Autor kommt zu dem Ergebnis, dass der Mechanismus, der die innerstaatliche Anwendung von Völkervertragsrecht in China steuert, den Anwendungsorganen viele Möglichkeiten eröffnet, den innerstaatlichen Vollzug völkerrechtlicher Verpflichtungen in seiner Effektivität zu mindern.
