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Editor: ITLOS
This volume contains the decisions rendered by the Tribunal in the years 2020 and 2021 in English and French: Four procedural Orders and a Judgment (Preliminary Objections) issued in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean and four procedural Orders issued in the M/T “San Padre Pio” (No. 2) Case.

Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2020 et 2021 : quatre ordonnances procédurales et un arrêt (exceptions préliminaires) rendus dans le Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien et quatre ordonnances procédurales rendues dans l’Affaire du Navire « San Padre Pio » (No. 2).
International law is archipelagic. Alongside “islands” of effective international law, you find offshore zones in which law is either undeveloped or manifestly ineffective or in which different norms, different arrangements and even unrestrained “political” factors are operating. Lawyers who work in these zones, whether on behalf of State and non-State actors, require different modes of thinking. They must be able to locate themselves in unstable decision processesby deploying appropriate legal tools and mapping schema; to identify the factors influencing decision, distinguishing the operative from the mythic ones; to project possible decisions and assess the extent they contribute to minimum and optimum order and, if they do not, to invent feasible alternative decisions. Michael Reisman describes the world international law is attached to and sets out a theory about law that enables the international lawyer to identify the common interest in its many zones and to work towards achieving a world public order of human dignity.
Brusil Miranda METOU, Le contrôle international des dérogations aux droits de l'homme and Eduardo SILVA ROMERO, Legal Fictions in the Language of International Arbitration.

Résumé: Le contrôle international des dérogations aux droits de l’homme:
La protection des droits de l’homme est une exigence de la société internationale contemporaine, et sa dérogation, une nécessité de survie de l’État, face à un danger public exceptionnel. Le contrôle international est la limite incontournable, pour éviter les abus. Il se décline en un ensemble de mesures, normatives et institutionnelles, prévues par les conventions internationales de protection des droits de l’homme. D’emblée, certains droits en raison de leur fondamentalité, sont indérogeables et la dérogation en elle-même est entourée de conditions strictes. Le contrôle est opéré par les organes internationaux, qui veillent à la proportionnalité et la régularité des mesures de dérogation. Ce contrôle vise également le respect par les Etats de leurs obligations internationales en matière des droits de l'homme. A l’issue, soit les mesures prises par l’État sont considérées comme justifiées, soit sa responsabilité est engagée. Malgré ses insuffisances, le contrôle est sans conteste, le défi permanent de l’effectivité de la protection internationale des droits de l’homme.

Summary of the Course “Legal Fictions in the Language of International Arbitration” by Eduardo Silva Romero:
The language of international arbitration is rarely analyzed through the prism of the notion of “legal fiction”. Legal fictions, however, are very often used and relied upon in the language of international arbitration. As a result, the goal of this Course is to shed new light on international arbitration by exploring it through the notion of legal fiction. Its main conclusions are these:
First, legal fictions are used and relied upon in the language of international arbitration to bolster it in its longstanding fight for survival. Arbitration, after all, has been and still is a fragile institution. In other words, legal fictions in the language of international arbitration have become efficient tools to counter the attacks sometimes directed against the institution of arbitration from both the outside (such as by public authorities) and from within (such as by the so-called “users” of arbitration). The legal fictions of “autonomy of the international arbitration agreement” and the “principle of Kompetenz-Kompetenz” are good illustrations of this phenomenon.
Second, some legal fictions are aimed at providing international arbitration with a necessary foundational theory. A foundational theory underlying international arbitration is necessary to ensure and enhance its legitimacy as a means for resolving international disputes. The theories of the “arbitral legal order”, the “fundamental right to arbitrate,” and the “assimilation of arbitrators and judges,” together with their logical corollaries, are very interesting examples of this category of legal fictions in the language of international arbitration.
Third, other legal fictions are specific legal rules aimed at ensuring the existence, autonomy, and validity of international arbitration. French arbitration law encompasses several legal fictions of this kind. The “autonomy of the international arbitration agreement,” the “principle of Kompetenz-Kompetenz,” the “principle of validity of the international arbitration agreement,” and the theory of the “extension of the international arbitration agreement to non-signatories” are important manifestations of this kind of legal fiction.
Lastly, the legal fiction as an intellectual tool is from time to time abused in the language of international arbitration. Some misunderstandings surrounding the “autonomy of the arbitration agreement” as well as some interpretations of investment treaties by investment arbitral tribunals demonstrate this point well.
Be all that as it may, the notion of legal fiction as used and relied upon in the language of international arbitration allows us to better understand, from a theoretical perspective, the nature of the Rule of Law.
Pieter Jean KUIJPER, Delegation and International Organizations; As Exemplified by the United Nations and the European Union
Based on a comparative approach, this course analyzes the diverging development of the delegation of powers, in particular legislative or regulatory powers, in the UN and the EU. It is based largely on the primary sources, documents and decisions of the organs of these organizations, including the relevant judicial decisions. After a brief discussion of some basic notions involved in delegation of powers, it makes a basic distinction between delegation of a constitutional nature and delegation of an administrative law nature. It continues with a preliminary chapter on delegation of powers in a limited number of national legal systems, as it is likely that these may have had some influence on delegation within international organizations, when these were first confronted with the problem of delegation. These national systems are characterized by a strong resistance against the delegation of truly legislative powers, but at the same time by the growing and unavoidable need for delegation in specialized domains of the modern administrative state, where certainly the legislature, but in many areas also the executive, lack the necessary knowledge.

Stephen C. McCAFFREY, The Evolution of the Law of International Watercourses.
With little warning, COVID-19 quickly escalated into a generational crisis, creating sustained havoc seen perhaps only in past cases of war, attack, and natural disasters. In the bedlam of the early months, health, science, political, and economic communities were hit with sudden force, required to quickly shift and rearrange the normal order of work. In arbitration, leaders took imperfect information to make dramatic decisions. In process and procedure, arbitral institutions, arbitrators, legal counsel, and clients were swept into this turmoil. In some cases, bold initiatives, still in design and testing, were quickly put into service, upsetting norms and traditions and the very notions of traditional process.
The Impact of COVID on International Disputes includes contributions from legal practitioners and academics, takes a fresh look at issues addressed in international arbitration during the COVID-19 pandemic, gathering best practices, additional perspective and predictions based on current practices that will help parties, legal counsel and arbitrators in the future.
Editor: Martin Lau
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.

As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.

The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Masahiko ASADA, International Law of Nuclear Non-proliferation and Disarmament
Editor: ITLOS
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.
Volume 1, Cross-cutting Themes
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.

The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.

Volume 1, entitled Cross-Cutting Themes, provides readers with descriptive and analytical accounts of the birth and evolution of the Charter system, the rules governing its interactions with domestic authorities, a number of thematic areas and concepts that elucidate the spirit of the treaty, and the differences and synergies between the European Social Charter and other European and international regulatory frameworks. This volume lays the groundwork for the article-by-article commentary on the European Social Charter that will be presented in the subsequent seven volumes, providing crucial context and highlighting the conceptual and operational links between the various Charter provisions. This first volume is edited by Stefano Angeleri (Queen’s University Belfast) and Carole Nivard (Université de Rouen).
In the law of armed conflicts, one of the elements that has changed the most has been the means and methods of warfare. Yet there are few legal answers for the many questions these changes pose. This volume, therefore, seeks to identify the limitations of current international law on this double plane, the means and methods of combat, and to offer insights about how to address them. Topics include the use of nuclear energy, which without being a weapon, can have the same effect as one, chemical and biological weapons, autonomous artificial intelligence weapons, and biobots.
Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses.