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Recognition and Enforcement of Foreign Arbitral Awards
Few instruments in international law have become as clearly and successfully established worldwide as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It has continued to prove itself throughout the fourteen years since the publication of the first edition of this preeminent commentary – a period during which the Convention’s scope and application have been greatly augmented by numerous court decisions rendered in jurisdictions around the globe and regarding arbitral awards resulting from both commercial and investor-State disputes, as well as by abundant legal scholarship, calling for an updated edition. The second edition retains the book’s ...
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017)
The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader s...
Food Safety Law in China
This book is the first major study of the making of transnational food safety law in China. Francis Snyder shows how the 2008 melamine infant formula crisis led to China’s first food safety law and new food safety standards, substantial reforms in government policy and closer relations with international organisations. He also identifies current and future challenges and makes recommendations for dealing with them. Chinese food safety law today is influenced strongly by cross-border factors. While transnational regimes help to shape domestic decisions, many institutions deeply embedded in Chinese society have played key roles in this transformation. Francis Snyder emphasises that, in finding its own path toward ensuring food safety, China can both learn from and teach other countries. In May 2017 this title has been awarded a 'Gourmand World Cookbook Award' in Yantai, Shandong Province, China: 'Best in the World' in two categories: 'Best Wine Law Book' and 'Food Safety Institutions'.
Jurisdiction of the International Court of Justice
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
The International Court of Justice and the Effectiveness of International Law
The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
Cross-border Transactions of Intermediated Securities
This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Justice Between Simplification and Formalism
A recent study in the field of comparative economics (or, more precisely, numerical comparative law) constructed an index of procedural formalism of dispute resolution for more than 100 countries and analyzed the relationship between procedural formalism and certain aspects of quality of the judicial systems. The study's results suggest a strong relationship between legal origins, formalism, and the quality of dispute resolution. Not surprisingly, the study closes with a recommendation for reform. What makes this study so important is not only its findings, backed by an amount of data which seems to be a guarantee for the study's universal validity, but also the financial support of the Worl...
A New International Legal Order
A new international legal order (NILO) has progressively infiltrated the traditional scope of international law. The essays contained in this book have been written to commemorate the past ten years of the Xiamen Academy of International Law and the emergence of this NILO. They display a remarkable intellectual vitality and illustrate the new initiatives contributing to a NILO in the realm of international law. In addition to new concepts of the use of force, boundary disputes and self-determination, and new judicial practices in environmental law, these essays demonstrate a convergence towards a universal value of a globalised world, centred upon human security and reflected in internationa...
