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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...
Considering paradigmatic changes and current challenges in international law this collection of essays covers diverse areas such as law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and its relationship to domestic law.
This is the sixteenth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments and summaries of (aspects of) decisions rendered by the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia since 1991, the Iran-United States Claims Tribunal, the Permanent Court of Arbitration and the Hague Peace Conference on Private International Law.
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting proce...
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.
A comprehensive treatment of the law of treaties written from the point of view of a practitioner of 35 years experience: the first book of its kind. Aust provides a wealth of examples of the real problems experienced in making and using treaties day by day, not just when a treaty is the subject of a court case. As such it is invaluable to the practitioner. Aust aims to supply the reader with a full and rounded understanding of all aspects of treaties. He avoids technical language as far as possible, making his work accessible to non-lawyers. Although not primarily an academic work, there is plenty to interest and inform law students and teachers (it has established itself as a course book), as well as those specialising in political science, international relations or diplomacy.
It was hoped that the creation of the International Criminal Court would enable the extradition and prosecution of crimes which shock the world. Fifteen years later, Kittichaisaree scrutinises the achievements and limitations of the court so far, offering his own vision for ensuring that no international criminal escapes the eye of justice.
This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Sy...
Volume 116 reports the 1997 "Danube dam" case concerning the Gabcikovo-Nagymaros Project (Hungary/Slovakia). Also included is the hitherto unreported decision of the English High Court on act of State and the effect of Security Council resolutions in the latest phase of Kuwait Airways Corp. v. Iraqi Airways Co. Several important decisions of the Inter-American Court of Human Rights on State responsibility for human rights actions are reported. Finally, there is a group of newly translated cases on State immunity and international organization immunity from Austria, France, Portugal and Switzerland.