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The Rule of Law in International Affairs

International Law at the Fiftieth Anniversary of the United Nations

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Ian Brownlie

This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues.
The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

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M.C. Zwanenburg

Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals.
Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law.
The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.

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Bardo Fassbender

The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Edited by Andraž Zidar and Jean-Pierre Gauci

The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law.

Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system.

Please also see the following related titles:
- British Influences on International Law, 1915-2015
- British Contributions to International Law, 1915-2015

Towards World Constitutionalism

Issues in the Legal Ordering of the World Community

Edited by Ronald St. John Macdonald and Douglas M. Johnston

The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law.

To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges.

Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies.

This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.

Gloria Fernández Arribas

, one of the most well-known may be soft law. This issue has been studied since the nineties, but it remains a subject of controversy 2 and has important effects on the theory of international institutional law since it affects the legal value of the decisions of IOs. In this respect, Higgins

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Edited by Daniel Bardonnet

After twenty years of negotiation within the framework of the Disarmament Conference, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction was signed in Paris between 13 and 15 January 1993. At the same time, the signatory States adopted a resolution instituting a Preparatory Commission, established in The Hague, with the aim of `the prompt and effective establishment of the future Organization for the Prohibition of Chemical Weapons'.
A variety of converging considerations led the Curatorium of the Academy of International Law to organize a workshop on this subject: first the very interesting nature of the highly sensitive problems raised by the destruction of chemical weapons, both on the strategic and political planes, as well as on technical, financial and ecological grounds; but also the originality and difficulty, from the legal standpoint, of the numerous questions which will inevitably arise in connection with the application of the Paris Convention.
Finally, the Paris Convention, which is innovative in many respects, particularly in that it institutes international control over the whole of an industrial activity, may be used as a model in other areas of disarmament, in particular the area of nuclear weapons.

Amerasinghe

The Law of International Organizations 9 THE LAW OF INTERNATIONAL ORGANIZATIONS: A SUBJECT WHICH NEEDS EXPLORATION AND ANALYSIS C.F. A MERASINGHE * The law of international organizations, including the institutional law, has been somewhat neglected in the past, even though, or perhaps because

management. With this series, we want to facilitate the search by listing the web sites that contain information on particular subjects. This first note is in- tended to introduce the web sites of inter- national organisations. Have you got any suggestions with regard to further interesting peacekeeping web

International Organizations and the EU General Data Protection Regulation

Exploring the Interaction between EU Law and International Law

Christopher Kuner

of the hundreds of intergovernmental organizations subject to public international law 2 (referred to here as ‘international organizations’ or ‘IOs’). The EU General Data Protection Regulation (‘ GDPR ’), 3 which became applicable on 25 May 2018, illustrates the tensions between EU law