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Domestic Courts and the Interpretation of International Law
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Reports of Judgments, Advisory Opinions and Orders/ Receuil des arrets, avis consultatifs et ordonnances, Volume 20 (2022-2023)
This volume contains the decisions rendered by the Tribunal in the years 2022 and 2023 in English and French: Procedural Orders and a Judgment (Merits) issued in Delimitation of the maritime boundary in the Indian Ocean, and procedural Orders issued in M/T “Heroic Idun”, Request for Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law and M/T “Heroic Idun” (No. 2) . Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2022 et 2023 : des ordonnances procédurales et un arrêt (fond) rendus dans le Délimitation de la frontière maritime dans l’océan Indien et des ordonnances procédurales rendues dans Navire « Heroic Idun », Demande d’avis consultatif présentée par la Commission des petits États insulaires sur le changement climatique et le droit international et Navire « Heroic Idun » (No. 2).
Nicaragua Before the International Court of Justice
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
The Environment Through the Lens of International Courts and Tribunals
This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.
European Patent Law
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
The Law of Investment Treaties
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.
General Principles of Law and International Investment Arbitration
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
The Adjudicator’s Toolkit and the Force of International Law
Adjudicators have been placed at the forefront in the search for systemic order within the pluralist international legal order, acting as guardians of the international legal system. Yet, they do so under increasing pressure from the governments. Based on one of the most comprehensive and systematic empirical and doctrinal studies of international trade and investment adjudication, this book asks which tools adjudicators turn to when faced with this dilemma. Dr. Nicola Strain provides new insights on the design choices and normative goals of international economic adjudication, explaining how adjudicators end up consistently inconsistent in their application of international law, even within the more technocratic WTO regime.
Judging the Law of the Sea
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to infl...
Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 30 (2021)
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives), Preliminary Objections. The documents are reproduced in their original language. The Special Chamber delivered its Judgment on 28 January 2021. It is published in the ITLOS Reports 2020-2021. Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant le Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien (Maurice/Maldives), exceptions préliminaires. Les documents sont publiés dans la langue originale utilisée. La Chambre spéciale a rendu son arrêt le 28 janvier 2021. L’arrêt est publié dans le TIDM Recueil 2020-2021.
