Search Results

You are looking at 1 - 10 of 184 items for :

  • All: "presentism" x
  • Public International Law x
Clear All

Series:

Edited by Terry D. Gill

As was true for previous editions of this book, the present edition offers the non-specialist reader: the politician, diplomat, journalist or student of international law and relations – a guide and introduction to the International Court of Justice; what it is and how it works.
The step by step explanation of how a case is tried is still based on the Military and Paramilitary Activities in and against Nicaragua case, due to the fact that virtually every procedural situation that exists played a role in that case, as well as to the continuing influence of that case on the role of the Court.
However, much has happened since the last edition appeared in 1995. The Court has experienced the most active period in its history, and this new edition takes full account of the Court’s activities and efforts to adapt itself to the new requirements and challenges of the present century.

Series:

Centre d'Etude et de Recherche de Droit

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1992 was La dette extérieure/ The External Debt.
The contents of this volume include:- Bilan de recherches de la section de langue française du Centre d'Étude et de Recherche de l'Académie, par Dominique CARREAU, professeur à l'Université de Paris I.- The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Florentino P. FELICIANO, Associate Justice at the Supreme Court of the Philippines. - Annexe. Liste des participants et sujets traités. - Annex. List of Participants and Subjects Treated.

Series:

Edited by Karel C. Wellens and L.A.N.M. Barnhoorn

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

Series:

Centre d'Etude et de Recherche de Droit

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of International Law. The topic for 1991 was The Legal Implications of 1993 for Member and Non-Member Countries of the EC.
The content of this volume includes:- The Present State of Research Carried Out By the English-Speaking Section of The Centre for Studies and Research, by Alan Dashwood. - Bilan de recherches de la Section de langue française du Centre d'Etudes et de Recherche de l'Académie, par Daniel Vignes. - Annex. List of Participants and Subjects Treated. - Annexe. Liste de participants et sujets traités.

The Flame Rekindled

New Hopes for International Arbitration

Edited by Sam Muller and Wim Mijs

Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.

Series:

V.D. Degan

Many different, and even opposite, meanings are ascribed to the term `sources' of international law. The author of this work goes back to the meaning of the term `source' in general (spring or well) and analyses in detail the various sources of international law.
He first explains the sources of general, and then those of particular international law. He starts with general principles of law, which is followed by common features of customary process of whatsoever kind, and then by general and by particular customary law. Custom will be followed by unilateral acts of States and with opposable situations in international law which are closely linked with this kind of sources of international law. The explanation ends with treaties in regard to which there are the least doctrinal controversies. The explanation cannot be quite homogeneous. There are still deep doctrinal misunderstandings in respect to general principles of law and of unilateral acts of States. The author therefore offers a critical analysis of representative views of other authors and tries to reach solutions to problems presented. He also gives a systematic explanation of recent pronouncements of international courts and tribunals with regard to customary law, and he examines the specific solutions prescribed in the 1969 Vienna Convention on the Law of Treaties.

Series:

Edited by Lauri Mälksoo, Ineta Ziemele and Dainius Žalimas

Volume 12 presents a symposium entitled After the Empire. International Law and the Post-Soviet Space edited by Lauri Mälksoo and Ineta Ziemele. It contains selected papers presented at the 4th Research Forum of the European Society of International Law that took place in Tallinn, Estonia, on 26-28 May 2011. The general theme of the Forum was formulated widely: “International Law and Power Politics: Great Powers, Peripheries and Claims to Spheres of Influence in International Normative Order”. With 180 participants from different countries the Forum in Tallinn was the biggest event in the field of international law to take place in the Baltic States to date.

The papers selected for this volume build in particular on the idea of a panel that was titled “Russia’s Contemporary Understanding of International Law: Identical to Western Approaches?” The main questions presented within this theme are clear: after the USSR has collapsed in 1991, what is the new Russian concept of international law and human rights? What international legal developments are currently significant in the post-Soviet space?

The following authors have been selected to participate in the symposium: R. Tkatova, S. Marochkin, B.Tuzmukhamedov, L. Aleksidze, M.Sterio, A.Douhan, M. Starita, J. Sweeney, Ch.Cerna, A.Burkov, J.Grigorova, K. Guliyev and A.Marhold.

The Baltic Yearbook of International Law is the first legal journal in the field of international law published under the auspices of the Baltic Editorial Board that attempts to bring to the international debate the issues that are of importance in the Baltic States and provides a forum for the views of, among others, Baltic international law scholars on various topical themes of international law. The first volume appeared in 2001 with the symposium on the question of International Legal States of the Baltic States. The Yearbook contains State practice reports from Estonia, Latvia and Lithuania and thus it serves as an important source of information that is not available elsewhere. On several occasions the Yearbook has offered articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation thus making more accessible a regional discourse to a wider audience in the world.

Series:

Edited by Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni, Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni

In a world where diversity and pluralism are indispensable values for the balanced progress of international law, knowledge of the contribution that each State makes to the formation and development of international norms is increasingly important for both scholars and practitioners. The Italian Yearbook of International Law aims at making accessible to the English-speaking public the Italian contribution to the practice and literature of international law. The Yearbook is organised into three main sections. The first contains doctrinal contributions featuring articles on the European human rights system and its relation to customary international law, on international control of bribery and mergers, and on the problem of accountability for gross violations of human rights. The second section covers the Italian practice in the areas of 1) judicial decisions (including the important decisions in the Ocalan and Cermis cases), 2) diplomatic and parliamentary practice, 3) treaty practice, and 4) national legislation. Relevant materials are presented by way of introductory notes and concise legal analysis. The third part of the volume contains a systematic bibliographical index of Italian literature in the field of international law. The volume ends with an analytical index for ready consultation.

Anthony Carty and Richard A. Smith

Fitzmaurice and the World Crisis examines the impact of the legal advice of G.G. Fitzmaurice on the making of British Foreign Policy during the key phases of the developing World Crisis, from 1932 to 1945, in relations with Japan and Germany. Particular attention is given to whether relations with Germany were defined in terms of classical power politics or in a new language of the rule of law in international society.
The main themes highlight Fitzmaurice's contribution to the shaping of major issues and illustrate the breadth of scope in the work of the legal adviser: the Manchurian Crisis; Anglo-German relations in the 1930s; the concluding of the Anglo-Polish Treaty of 1939; economic warfare and the laws of war at sea (1939-43); debate surrounding the nature of Germany's surrender and the drafting of armistice terms.
The book breaks new ground with respect to the basic technical crafts of the international lawyer. It shows how the skills of the diplomatic historian, working with unpublished Foreign Office archives, are essential to unravelling the true legal practice of a state as an element in the evolution of customary international law.
The aim is not simply to unearth and present, in a minimally edited form, the legal opinions of Fitzmaurice, but also to assess his impact within the Foreign Office. It concludes that the role of the individual international lawyer in government institutions is potentially very significant. However, his influence depends not simply on the stubbornness with which he holds onto his professional expertise, but also on his moral vision and sensitivity towards the complexities of the context in which he has the potential to shape events.