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International Law between Universalism and Fragmentation
  • Language: en
  • Pages: 1131

International Law between Universalism and Fragmentation

  • Categories: Law
  • Type: Book
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  • Published: 2009-02-28
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  • Publisher: BRILL

This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Law of the Sea in Dialogue
  • Language: en
  • Pages: 195

Law of the Sea in Dialogue

  • Categories: Law

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.

The Baltic Sea
  • Language: en
  • Pages: 496

The Baltic Sea

  • Categories: Law

Recent developments have produced fundamental and far-reaching changes in the sovereignties bordering the semi-enclosed area of the Baltic Sea. This book presents a comprehensive and balanced codification of issues and views, focusing on new developments in the Baltic Sea Area with specific reference to the UNCLOS 1982 Convention, the particular marine uses of the Baltic Sea, and national views and interests of the bordering states and third parties. It deals with matters such as the Kiel Canal, delimitation, dispute settlement and navigation, shipping, the ecosystem, fisheries, and scientific research. "The Baltic Sea" is the outcome of a European Workshop on the Law of the Sea co-sponsored...

Succession of States
  • Language: en
  • Pages: 248

Succession of States

  • Categories: Law

The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external deb...

European International Law Traditions
  • Language: en
  • Pages: 338

European International Law Traditions

  • Categories: Law

​International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renown...

Peace through International Law
  • Language: en
  • Pages: 193

Peace through International Law

  • Categories: 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...

The International Law Commission 1999-2009
  • Language: en
  • Pages: 890

The International Law Commission 1999-2009

  • Categories: Law

This book contains the work of the United Nations International Law Commission (ILC) during the period 1999-2009, brining up to date the three-volume series on the work of the Commission edited by Sir Arthur Watts. Each text is accompanied by an introduction, a concise description of the negotiation process and a carefully selected bibliography.

Das Kosovo-Gutachten des IGH vom 22. Juli 2010
  • Language: en
  • Pages: 329

Das Kosovo-Gutachten des IGH vom 22. Juli 2010

The ICJ Opinion on Kosovo was much awaited both in politics and in academic literature as it was expected to contain not only a decisive verdict on a long-lasting controversy on the Balkans but also a ground-breaking stock-taking on many pivotal questions of international law. The Opinion handed down by the ICJ on 22 July 2010 immediately gave rise to intense discussions that made broad reference to issues such as self-determination, secession, state sovereignty, state recognition and the constitutionalization of the international law order. Based on one of the first major international conferences on this subject, this book contains contributions by the international law experts who gathere...

Kosovo and International Law
  • Language: en
  • Pages: 341

Kosovo and International Law

The ICJ Opinion on Kosovo was much awaited both in politics and in academic literature as it was expected to contain not only a decisive verdict on a long-lasting controversy on the Balkans but also a ground-breaking stock-taking on many pivotal questions of international law. The Opinion handed down by the ICJ on 22 July 2010 immediately gave rise to intense discussions that made broad reference to issues such as self-determination, secession, state sovereignty, state recognition and the constitutionalization of the international law order. Based on one of the first major international conferences on this subject, this book contains contributions by the international law experts who gathered at the University of Innsbruck (Austria) to discuss this subject.

The Evolving International Procedural Capacity of Individuals
  • Language: en
  • Pages: 314

The Evolving International Procedural Capacity of Individuals

  • Categories: Law
  • Type: Book
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  • Published: 2019-06-19
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  • Publisher: Springer

This book critically addresses the still prevalent assumption of the individual’s procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual’s perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual’s role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.