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Breaching the Bronze Wall deals with the idea that the word of honorable Muslims constituted proof and with the concept that written documents and the word of non-Muslims were inferior. Foreign merchants in cities like Istanbul, Damascus or Alexandria could barely prove any claim, as neither their contracts nor their words were of any value if countered by Muslims. Francisco Apellániz explores how both groups labored to overcome these ‘biases against non-Muslims’ in the courts and markets of Mamluk Egypt and Syria of the 14th and 15th centuries, and how the Ottoman conquest (1517) imposed a new, orthodox view on the problem. The book dives into the Middle Eastern archive and the Ottoman Dīvān, and scrutinizes the intricacies of sharia and the handling of these intracacies by consuls, dragomans, qaḍīs and other legal actors.
In: Global Responsibility to Protect
In: The International Journal of Marine and Coastal Law
In: The Law & Practice of International Courts and Tribunals

Abstract

This article considers the approach for determining whether a dispute concerns the “interpretation or application” of a particular treaty, such that it is within the subject-matter jurisdiction of an international court or tribunal. Specifically, the article considers what approach should be taken when claims are presented as concerning the “interpretation or application” of a particular treaty, but involve central issues under rules of international law found outside the treaty in question. The specific argument made in this article is that the approach used in some recent decisions, involving characterising where the “relative weight” of a dispute lies and the “true object” of claims, should not be followed.

In: The Law & Practice of International Courts and Tribunals

Abstract

The multilateral expression of the desire to reform investor-state dispute settlement (ISDS) at the United Nations Commission on International Trade Law (UNCITRAL) obscures the diverging preferences states have in respect of which future dispute settlement model to adopt. In order to garner broad acceptability, this article proposes that the reformed system could be designed as “dispute settlement à la carte”, with a Multilateral Investment Court coexisting with other forms of dispute resolution under the umbrella of one multilateral institution. With a view to showing that such a system is feasible, this article draws on comparative institutional design analysis, that is, a comparative assessment of dispute settlement design features across different international dispute settlement systems. This approach helps to explore what institutional design features are a useful source of inspiration for a future investment dispute settlement system that preserves flexibility for states in the choice of their preferred means of adjudication, while safeguarding legal certainty and promoting coherence in investment dispute settlement.

In: The Law & Practice of International Courts and Tribunals
Access, Uses, and Protection of Seabed Resources
Editor: Catherine Banet
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.
While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue.
The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction.
The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.