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Series:

Académie de Droit International de la Ha

Fabian Novak: The System of Reparations in the Jurisprudence of the Interamerican Court of Human Rights;
Georg Nolte: Treaties and their Practice, Symptoms of their Rise or Decline

International Institutional Law

Sixth Revised Edition

Henry G. Schermers and Niels M. Blokker

This sixth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the African Union, ASEAN, the European Union, Mercosur, NATO and OPEC have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional characteristics. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners.

Studies in International Air Law

Collected Work of Cheng Bin

Edited by Chia-Jui Cheng

Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability.

Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.

Ineffective Legal Assistance

Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

Jill E.B. Coster van Voorhout

In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law, Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.

Series:

Philippe Couvreur

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.

Will "Justice" Bring Peace?

International Law – Selected Articles and Legal Opinions

Yehuda Z. Blum

The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General.

The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.

Regulatory Property Rights

The Transforming Notion of Property in Transnational Business Regulation

Edited by Christine Godt

In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.

Freshwater Boundaries Revisited

Recent Developments in International River and Lake Delimitation

Series:

María Querol

In Freshwater Boundaries Revisited, María Querol analyzes the different methods applied in the delimitation of international rivers and lakes and the recent developments in the field. This monograph reassesses the diverse methods of boundary delimitation in view of the latest and abundant jurisprudence of the International Court of Justice and the tribunals under the aegis of the Permanent Court of Arbitration on the subject. The author focuses on the influence of human considerations in the field under study and the legal consequences ensuing therefrom, in addition to drawing some conclusions regarding freshwater boundaries.

Series:

Edited by Intl. Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea.
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings concerning the Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission (SRFC) (Request for Advisory Opinion submitted to the Tribunal). The documents are reproduced in their original language.
The Tribunal delivered its Advisory Opinion on 2 April 2015. It is published in the Reports of Judgments, Advisory Opinions and Orders 2015 (ITLOS Reports 2015).

Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer.
Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents produits au cours de l’instance relative à la Demande d’avis consultatif soumise par la Commission Sous-Régionale des Pêches (CSRP) (Demande d’avis consultatif soumise au Tribunal). Les documents sont reproduits dans la langue originale utilisée.
Le Tribunal a rendu son avis consultatif le 2 avril 2105. L’avis est publié dans le Recueil des arrêts, avis consultatifs et ordonnances 2015 (TIDM Recueil 2015).





Series:

Joanna Kulesza

Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void.
Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.