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Richard Lillich

This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.

Published under the Transnational Publishers imprint.

H.L. van Traa-Engelman

This book assesses the present status of space activity regulation against the background of the progressive commercialization of outer space. The basic legal framework for outer space activity was established during a time when space endeavour was still in its infancy and a critical reassessment of its principles therefore forms the basis of this publication. The outcome of this analysis and the legal implications which result from applying it to practical space utilization yield an insight into the legal questions pertaining to space commercialization and its practical implementation.
Commercial Utilization of Outer Space will be of great interest to academics and practitioners in the field of space activities, as well as to government policy makers in different sectors of space commercialization ranging from space transportation, satellite communication and remote sensing to space insurance and manufacturing in outer space.
Wherever appropriate and feasible practical aspects have been dealt with against the background of present-day realities and developments foreseen for the future.

Standard-Setting at UNESCO

Normative Action in Education, Science and Culture - Volume 1

Edited by Abdulqawi A. Yusuf

Standard-setting represents one of the main constitutional functions of UNESCO and an important tool for realizing the goals for which the Organization was created. In addition to conventions and recommendations, the declarations adopted by the General Conference promulgate principles and norms intended to inspire the action of Member States in specific fields of activity.
This first of a two-volume work on Standard-setting in UNESCO contains the essays presented at a symposium held on the occasion of its sixtieth anniversary. Topics addressed in Normative Action in Education, Science and Culture include methods of elaboration and implementation; constitutional objectives and legal commitments; international collaboration; and impact.

CO-PUBLICATION WITH: UNESCO

Series:

Renata Szafarz

States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner.
Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.

Finn Seyersted

This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations.
The legal construction presented in this volume consists of the following main elements:
As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals.
Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities.
Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors.
Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces.
Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.

Alfred E. Kellermann, Giuseppe Ciavarini Azzi, Rex Deighton-Smith, Scott H. Jacobs and T. Koopmans

In April 1997, during the Dutch presidency of the European Union, a three-day international conference was held in The Hague, The Netherlands, on the subject of The Quality of European and National Legislation and the Internal Market. The present publication comprises the proceedings and conclusions of this timely conference, which was organized by the T.M.C. Asser Instituut, The Hague, on behalf of the Ministries of Justice and Economic Affairs of The Netherlands and the European Commission.
The objective of the conference was to suggest ways of improving the legislation in the European Union against the background of the common market. The quality of the drafting of Community legislation is crucial if it is to be properly implemented by competent national authorities and better understood by the public and in business circles.
The conference focused on European legislation and on national legislation in the Member States. Representatives of the European Union, the governments, the academic world, industry and consumer organizations gave their views of and commented on the three main themes of the conference: (I) the experiences on European and national level regarding the judicial quality of legislation; (II) simplification of existing legislation and (III) assessment of draft legislation. The updated and revised versions of their studies and comments are published in the present book. During the final session of the conference, current initiatives in the field of improving the quality of legislation were reviewed (e.g., on consolidation, codification, guidelines and deregulation).
The main findings of the conference were brought to the attention of the Internal Market Council and the IGC as a preparation of the European Council of Amsterdam (16-17 June, 1997) where the Draft Treaty of Amsterdam was concluded. Many of the conference findings and suggestions were repeated in the documents of the Draft Treaty.
In addition to the above-mentioned contributions, the book contains (i) a valuable methodical digest of the conference, including a closer evaluation of the Draft Treaty of Amsterdam, and (ii) a summing-up of the results of the important debate by Professor L.J. Brinkhorst (European Parliament, Strasbourg/Brussels). The book is also enriched by relevant documentation in the field.

The Legal Position of Intergovernmental Organizations

A Functional Necessity Analysis of their Legal Status and Immunities

Series:

Pieter H.F. Bekker

This book is the first treatise in English to present an overall functional necessity approach to the study of the legal position of intergovernmental organizations. According to this approach, an international organization is entitled to (no more than) what is strictly necessary for the exercise of its functions in the fulfilment of its purpose. The book provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.
After a review of the work of the International Law Commission on Relations between States and International Organizations, between 1962 and 1992, the author first introduces an identification process of the study's subject matter and scope ratione personae, i.e. the legal status of intergovernmental organizations. The legal personality, legal capacities, and competence (powers) of international organizations are analyzed from the perspective of their functions and purposes. Step Two presents a review of the basic considerations in granting organizational immunities, and their legal sources. Step Three focuses on the `official activities' of international organizations, which is the core of the application of functional necessity in determining the extent of organizational immunities. The book also reviews existing methods of counterbalancing organizational immunities, and applies the three-step functional necessity analysis to a case study of the International Tin Council. Finally, a general conclusion underlines the character of organizational immunity law as a balanced and self-contained régime.

The Security Council and the Use of Force

Theory and Reality - A Need for Change?

Series:

Edited by Niels M. Blokker and Nico J. Schrijver

This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.