Recueil des cours, Collected Courses, Tome/Volume 361

丛编:

The Common Heritage of Mankind: Then and Now by M. C . W. Pinto.
The course first presents an outline of the origins and development of the idea that territory and resources not subject to State jurisdiction could be internationally recognized as the “common heritage of mankind”. It then proceeds to describe how some 160 countries represented at the Third United Nations Conference on the Law of the Sea (1974-1982) negotiated agreement on a regime to govern the seabed and ocean floor beyond the limits of national jurisdiction as the “common heritage of mankind”, and on the establishment of three international institutions to maintain and administer that regime.

Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements by Richard Kreindler.
Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

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关于著者
Co-publication with: The Hague Academy of International Law. Moragodage Christopher Walter Pinto, born on 17 November 1931 in Colombo, Sri Lanka. National of Sri Lanka. Read law at the University of Sri Lanka, Peradeniya, and the Sri Lanka Law College, and specialized in international law at Magdalene College, Cambridge University. Attorney of the Supreme Court of Sri Lanka, and of the Inner Temple, Barrister. Legal Officer, International Atomic Energy Agency, Vienna (1960-1963). Attorney, World Bank (1963-1967). Legal Adviser and Head of the Legal Division of the Ministry of Foreign Affairs, Sri Lanka (1967-1976). Ambassador to the Federal Republic of Germany and the Republic of Austria (1976-1980). Representative of Sri Lanka to the United Nations Conference on the Law of Treaties, Vienna (1968-1969). Representative of Sri Lanka in the Sixth (Legal) Committee of the United Nations General Assembly (1967-1980). Representative of Sri Lanka to the United Nations Sea-bed Committee and to the Third United Nations Conference on the Law of the Sea (1968-1982), and Chairman of the Sri Lanka Delegation (1980-1981) ; Chairman of the Conference’s Negotiating Group of the Whole on the international regime for the sea-bed beyond national jurisdiction (1971-1975). Member of the United Nations International Law Commission (1973-1981), and Chairman of the Commission (1980). Secretary-General of the Iran-United States Claims Tribunal (1982-2011). Consultant of the Government of Sri Lanka on issues of international law. Appointed by the Government of Sri Lanka to the Permanent Court of Arbitration in The Hague, to the List of Arbitrators and the List of Conciliators maintained by the International Centre for Settlement of Investment Disputes (World Bank), as well as to the List of Arbitrators maintained pursuant to Annex VII, and the List of Conciliators maintained pursuant to Annex V, of the United Nations Convention on the Law of the Sea. Appointed a member of the CIETAC (China International Economic and Trade Arbitration Commission) Panel of Arbitrators. Served as international arbitrator under the auspices of the Permanent Court of Arbitration, and as president in an arbitration between two Asian countries under Annex VII to the United Nations Convention on the Law of the Sea. Member of the Institut de droit international (since 1989). Member of the International Law Association (since 1994). Served for several years as a Member of the Board of Trustees of the International Ocean Institute (Halifax, Canada/Malta), and lectured at training programmes conducted by the Institute, as well as at postgraduate courses given at the Institute of Social Studies, The Hague. As Visiting Professor at the World Maritime University, Malmö, Sweden, directed for several years the general course on the law of the sea. Co-founder of the Foundation for the Development of International Law in Asia. Founding Co-Editor of the Asian Yearbook of International Law. Member of the Advisory Councils of the Asian Yearbook of International Law, the Asian Journal of International Law, the Korean Journal of International and Comparative Law and the Sri Lanka Journal of International Law. Richard Kreindler, born New York, United States of America, in 1959. Prof. Dr. Honorary Professor (since 2009) and regular instructor (since 1999), Westfälische Wilhelms University, Münster, Germany, transnational Litigation and International Commercial and Investment Arbitration. Adjunct professor, Johannes-Gutenberg University, Mainz, Germany, lecture and seminar courses on transnational Litigation and Arbitration (2005-2007). Lecturer in private International Law, Hague Academy of International Law, Summer Course (Summer 2012) ; Lecturer in Diploma in International Commercial Arbitration, Chartered Institute of Arbitrators, Keble College, oxford, Hong Kong and Singapore (1994-2009); Lecturer in ICC Institute of World Business Law, Paris (since 1993). Various other periodic teaching/guest lecturing and speaking at university law faculties, including American, Columbia, Frankfurt, Harvard, Heidelberg, Rotterdam, Stockholm, Tokyo, Uppsala, Yale. Member, New York and Paris Bars; Rechtskundiger, Frankfurt; Fellow and Chartered Arbitrator, Chartered Institute of Arbitrators (CIArb), London. Partner, International Arbitration and Litigation, Shearman & Sterling LLP, Frankfurt ; specialized in international Arbitration and litigation matters since 1985. Counsel, party-appointed arbitrator, sole arbitrator, chairman and expert witness in numerous commercial, construction and investment arbitrations throughout the world. Served in an editorial or advisory capacity for Arbitration International, International Arbitration Law Review, SchiedsVZ (German Arbitration Journal), International Legal Materials, Arab Law Quarterly, Arbitration & DisputeResolution Law Journal, World Arbitration and Mediation Report, Revue de droit des affaires internationals, the ICC Institute of World Business Law, and Restatement 3d — US Law of International Commercial Arbitration, among others. Chairman of the IBA working group charged with review of the 1999 IBA Rules on the taking of evidence in International Commercial Arbitration, resulting in the enactment of the revised IBA Rules as of May 2010.
目录
The Common Heritage of Mankind: Then and Now by M. C. W. Pinto, former Secretary-general of the Iran-United States Claims Tribunal; Excerpt of table of contents: Chapter I. Origins and preliminary development of the idea; Chapter II. The international legal and institutional contexts; Chapter III. The Third United Nations Conference on the Law of the Sea; Chapter IV. The “common heritage” in the 1982 Convention; Chapter V. Reconception of the “common heritage of mankind”; Chapter VI. The International Sea-bed Authority today; Chapter VII. Afterword; Annex 1. The Declaration of Principles Governing the Sea-bed and Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction, UNGA res. 2749 (XXV), 17 December 1970; Annex 2. The common heritage of mankind and the continental shelf of Sri Lanka; Annex 3. Impact of the 1994 Implementation Agreement on the 1982 United Nations Convention on the Law of the Sea: snapshot of the relevant provisions Competence-Competence in the face of Illegality in Contracts and Arbitration Agreements by R. Kreindler, Professor at the University of Münster Excerpt of table of contents: Introduction; Chapter I. Definition of the subject; Chapter II. the meaning of “illegality”; Chapter III. the context of private international law versus public international law; Chapter IV. the question of the applicable law or laws; Chapter V. Corruption allegations, suspicions, findings and admissions; Chapter VI. the burden of proof and the standard of proof of illegality; Chapter VII. Attribution of illegal actions and knowledge of the State; Chapter VIII. the rights and duties of the arbitrator; Chapter IX. Legal consequences of a finding or admission of corruption; Chapter X. Justifications, excuses and defences for illegal conduct; Chapter XI. Standards of review of arbitral awards in the corruption context; Bibliography.
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