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Series:

Symeon Symeonides

This book is an updated and expanded version of the General Course delivered by the author at the Hague Academy of International Law in 2002. The book chronicles and evaluates the intellectual movement known as “the revolution” in American private international law. This movement began in the 1960s, caught fire in the ‘70s, spread in the ‘80s and declared victory in the ‘90s, leading to the abandonment of the centuries-old choice-of-law system, at least for torts and contracts. This book:
• explores the revolution’s philosophical and methodological underpinnings;
• provides the most comprehensive and systematic analysis of court decisions following the revolution;
• identifies the revolution’s successes and failures; and
• proposes ways and means (including a new breed of “smart” choice-of-law rules) to turn the revolution’s victory into success.

Japan and International Law, Past, Present and Future

International Symposium to Mark the Centennial of the Japanese Association of International Law

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Edited by Japanese Assoc. of International Law and Nisuke Ando

This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law.
After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious `Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security.
During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law.
The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

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Yves Beigbeder

This work presents the broad lines of the action and evolution of the World Health Organization (WHO). It identifies some of the problems WHO has had to face in the past, and will have to confront in the future. It discusses in detail the historical origins, WHO's objectives and the evolution of its strategy and programmes. It reviews its structures as well as the problems raised by its decentralization. It examines the Organization's action in the field of technical cooperation and looks into several of WHO's more important past and present programmes. In its general conclusion, it attempts to envisage the future of the Organization.
The present study is based essentially on the official documentation of the WHO, open and restricted. The strength of this book lies in the personal experience of the main author, a former WHO official, who has orientated the book's research in specific directions and has added some complementary information.

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Edited by Cheryl Saunders and Gillian D. Triggs

This is the second volume in the series The Melbourne Studies in Comparative & International Law. It contains the revised and updated versions of papers presented at the conference Trade & Cooperation with the European Union in the New Millennium, held at The University of Melbourne from 14-15 December 2000. The collection, by leading international scholars and expert practitioners, explores the current and future challenges which the European Union presents to Australia and Australasia, and addresses broader issues of globalisation of markets and harmonisation of international trade law.

Nordic Cosmopolitanism

Essays in International Law for Martti Koskenniemi

Edited by Jarna Petman and Jan Klabbers

The present collection of essays for Martti Koskenniemi provides a wide-ranging overview of the state of Nordic international legal scholarship. In addition to the more theoretical discussions, it engages with a variety of current debates (such as the war on terrorism, the criminalization of international law and the position of human rights in the European Union, for example). The collection, with a mixture of academics and practitioners, will prove useful to scholars in international law, international relations and related disciplines, as well as officials of states and international organizations.

Vessel-Source Pollution and Coastal State Jurisdiction

The Work of the ILA Committee on Coastal State Jurisdiction Relating to Marine Pollution (1991-2000)

Edited by Erik Franckx

After seven years of work, the Committee on Coastal State Jurisdiction Relating to Marine Pollution of the International Law Association concluded its work by submitting its final report for discussion at the occasion of the London conference, July 25-29, 2000. This book brings together the different official reports submitted by this Committee at the 1996 Helsinki, 1998 Taipei, and 2000 London conferences, as well as some preparatory documents necessary for the correct understanding of these just-mentioned reports.
The Committee concentrated its work on vessel-source pollution and made it a central objective of its work to produce results which could facilitate the interpretation of the 1982 United Nations Convention on the Law of the Sea. During its work, it became moreover apparent that an accurate assessment of state practice proved more than once problematic either because of problems relating to interpretation or simply because the basic information was missing. For that reason, the present book contains a special section where different members of the Committee prepared detailed national reports, written according to a strict outline worked out for this purpose, in order to shed additional light on the specific issues dealt with by the Committee. Together with the conclusions arrived at by the Committee these additional national reports represent a valuable statement of the present-day status iuris questionis.

The Multinational Enterprise and Legal Control

Host State Sovereignty in an Era of Economic Globalization

Cynthia Day Wallace

This long-awaited new book from Cynthia Day Wallace picks up the thread of her
best-selling Legal Control of the Multinational Enterprise: National Regulatory Techniques
and the Prospects for International Controls
. In the present work she applies herself to
legal and pragmatic aspects of control surrounding MNE operations. The primary
focus is on legal and administrative techniques and measures practised by host states to
control – transparently or less so – foreign MNE activity within their territories, or even
extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely,Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this
very ‘experience of years’ that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.

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Edited by Carin Laurin

The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law. The Baltic Yearbook of International Law aims to contribute to the development of thought, standard-setting and relevant practices in the world.

This volume contains a collection of essays that were initially presented at the conference ‘Arbitration in the Baltics: Contemporary Issues’, which took place at the Riga Graduate School of Law in Latvia. Arbitration is increasingly gaining ground in all three Baltic States, although there is still some way to go yet. In addition to insights into the private law developments relevant to arbitration in the Baltics, this volume contains articles on the history of international law in the region and modern challenges presented to domestic law through international developments. The International Law Materials section contains reports on the practices of all three Baltic States.

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Robert Kolb

This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.

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Edited by Alex G. Oude Elferink and Donald R. Rothwell

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the law of the sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the law of the sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones between neighboring states) and jurisdiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention on the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.