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  • Public International Law x

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Edited by Seokwoo Lee and Hee Eun Lee

Baselines under the International Law of the Sea

Reports of the International Law Association Committee on Baselines under the International Law of the Sea

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Edited by Coalter G. Lathrop, J. Ashley Roach and Donald R. Rothwell

Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.

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Sergio M. Carbone

Also available as an e-book

La doctrine et la jurisprudence la plus récente relèvent de plus en plus les limites de l’utilisation de la nationalité du navire dans la solution des conflits de loi et l’importance du droit uniforme. En ce qui concerne les conflits de lois relatifs aux transports maritimes de marchandise, il est tenu compte des différences des solutions adoptées à propos des charter-parties, des transports tramps et des transports maritimes de ligne documentés par un connaissement. S’agissant du contrat de travail maritime, sont mis en évidence l’affaiblissement du rôle de la nationalité du navire et l’importance croissante de la négociation collective internationale. A propos de la responsabilité extracontractuelle, c’est la lex damni qui s’applique, sauf lorsqu’il s’agit d’événements ayant lieu à bord du navire. De cette analyse, enfin, il ressort que la tendance à l’internationalisation du droit maritime et la fonction résiduelle confiée à la loi du pavillon dans la solution des conflits de lois sont confirmées.

Contractual Renegotiations and International Investment Arbitration

A Relational Contract Theory Interpretation of Investment Treaties

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Aikaterini Florou

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Edited by Nico J. Schrijver and Niels M. Blokker

Conventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree—or avoid to fundamentally disagree—on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making.

This book aims to take a closer look at that role. It considers what role is foreseen for the elected members in the UN Charter, how this evolved in practice, what “tools” they can deploy. It also considers whether there are particular “niches” for the elected members on the Security Council, such as engaging in conflict prevention, taking initiatives on rule of law issues and debating the potential effects of climate change on peace and security. Can elected members serve as agents of the international community and norm entrepreneurs? Should their position be strengthened, and if so, how? This collection was born out of a dynamic research seminar held at Leiden University, which also drew on the experiences of former elected members. This book thus offers unique insights from both practice and scholarship, and is an indispensable tool for politicians, diplomats, academics and students alike.

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Constantin Fasolt

The twenty studies collected in this volume focus on the transition from the Middle Ages to the modern world. The method leads from technical investigations on William Durant the Younger (ca. 1266-1330) and Hermann Conring (1606-1681) through reflection on the nature of historical knowledge to a break with historicism, an affirmation of anachronism, and a broad perspective on the history of Europe. The introduction explains when and why these studies were written, and places them in the context of contemporary historical thinking by drawing on Wittgenstein's Philosophical Investigations. This book will appeal to historians with an interest in historical theory, historians of late medieval and early modern Europe, and students looking for the meaning of history.

The Twelve Years Truce (1609)

Peace, Truce, War and Law in the Low Countries at the Turn of the 17th Century

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Edited by Randall C.H. Lesaffer

The Twelve Years Truce of 9 April 1609 made a temporary end to the hostilities between Spain and the Northern Netherlands that had lasted for over four decades. The Truce signified a crucial step in the recognition of the Republic of the Northern Netherlands as a sovereign power. As the direct source of inspiration for the 1648 Peace of Munster the Truce is a crucial text in the formation of the early modern law of nations. As few other texts, it reflects the radical changes to the laws of war and peace from around 1600.
The Twelve Years Truce offers a collection of essays by leading specialists on the diplomatic and legal history of the Antwerp Truce of 1609. The first part covers the negotiation process leading up to the Truce. The second part collects essays on the consequences of the Truce on the state of war. In the third part, the consequences of the Truce for the sovereignty of the Northern and Southern Netherlands as well as it wider significance for the changing laws of war and peace of the age are scrutinised.

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Nico J. Schrijver

Also available as an e-book

In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable
development as follows: “development that meets the needs of the present generation without compromising the ability of future generations
to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries).
The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.

The Fairness ‘Dilemma’ in Sharing the Nile Waters

What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

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Zeray Yihdego

In The Fairness ‘Dilemma’ in Sharing the Nile Waters, Zeray Yihdego enquires into the fairness issues in connection with the construction of the Grand Ethiopian Renaissance Dam (GERD) in light of relevant colonial-era Nile treaties, post-1990 Nile framework instruments, and international watercourses law. The GERD is now a fait accompli, but fairness considerations will continue to be vital issues during its construction, filling, and operation. This monograph argues that the GERD is a symbol of a fair share of the Nile waters by Ethiopia, the realization of which depends on, inter alia, an appropriate economic return, benefit sharing and prevention of significant impacts. Yihdego articulates the lessons that can be applied to public international law and suggests a process to address the issue of unfair agreements, arguing that, although the principle of fairness’s application can be complex, the notions of procedural fairness and distributive justice can define and delineate the principle with reference to a specific treaty regime.

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Scott Blakemore

Scholars are seeking to identify how to constructively integrate faith into diplomacy. Proponents of faith-based diplomacy recognise that incorporating faith into peacemaking activities assists in managing identity-based conflict and religiously motivated violence in the contemporary international system. A promising strategy within the scope of faith-based diplomacy is interfaith dialogue. The study and practice of interfaith dialogue has been reinvigorated since the advent of 9/11, and yet the link between interfaith dialogue and diplomacy remains underdeveloped. The cases of Indonesia and the United States present lessons on how states can effectively use interfaith dialogue to achieve policy objectives, while recognising that some policies are detrimental to achieving diplomatic goals. This paper seeks to provide some framework for bringing interfaith dialogue into the scope of diplomacy by illuminating how faith-based diplomacy and interfaith dialogue can be innovative diplomatic perspectives useful in addressing contemporary global issues.