Suchergebnisse

This book provides a full overview of the judicial activity of the International Court of Justice (ICJ) during the five-year period 1997 - 2001, following the format of a previous volume describing the decisions from 1987 - 1996. Each chapter opens with a summary of the judicial activity of the ICJ during a given year, using the General List of ICJ cases, pleadings filed, Orders, Judgements and Advisory Opinions issued and hearings held at the Peace Palace to describe the statistics on the docket of the ICJ. The sections in each chapter describe the facts of a particular case, the arguments of the parties involved and the decision of the ICJ, together with the commentary by the author, a former ICJ staff lawyer. The book includes a limited number of reprints from the American Journal of International Law, together with lots of new material

State Responsibility — For Interference with Concessionary Contracts — Expenditure on Contract Rendered Abortive by Insistence on Unacceptable Conditions — Sharing of Responsibility.State Responsibility — For Interference with Concessionary Contracts — Derogation from Lighthouses Concession — Grant of Exemption from Dues to Steamship Company.Treaties — Interpretation of — Principles and Rules of — Interpretation by Reference to "Bad Drafting" — Article 59 of Statute of Permanent Court of International JusticeTreaties — Interpretation of — Consideration of Preparatory Work — Article 59 of Statute of Permanent Court of International JusticeTreaties — Interpretation of — Miscellaneous — Binding Force of Previous Judgment in Lis Concerning Interpretation of TreatyArbitration — Law Applied by Arbitral Tribunals — Previous Decisions of Permanent Court of International Justice Regarded as Res judicata — Article 59 of Statute of the Court — Article 84 of Hague Convention for the Pacific Settlement of International Disputes, 1907 — Relevance of Distinct Nature of Lis — Relevance of Differing Basis of Previous Judgment — Relevance of Terms of Compromis Leading to Previous Judgment.Permanent Court of International Justice — Decisions of, Regarded as Res Judicata — Article 59 of Statute of the Court — Relevance of Distinct Nature of Lis — Relevance of Differing Basis of Previous Judgment — Relevance of Terms of Compromis Leading to Previous Judgment.81State Succession — Succession with Regard to Contractual Obligations and Concessions — Responsibility for Expenditure on Contract Rendered Abortive by Act of Predecessor — Contributory Negligence of Claimant — Relevance of Question Whether Debt Admitted, Liquidated or Easily Ascertainable — Responsibility for Breach by Predecessor of Concession Contract — Relevance of Privity of Successor State — Merger of Crete and Greece — Critical Date — General Question of Transmission of Responsibility on Territorial Change — Arbitration — Previous Decisions of Permanent Court of International Justice Regarded as Res judicata — Article 59 of Statute of the Court — Article 84 of Hague Convention for Pacific Settlement of International Disputes, 1907 — Relevance of Distinct Nature of Lis — Relevance of Differing Basis of Previous Judgment — Relevance of Terms of Compromis Leading to Previous Judgment

International economic law (IEL) continues to evolve through dialectic processes of unilateral, bilateral, regional and worldwide regulation aimed at protecting cosmopolitan rights and transnational rule of law in mutually beneficial economic cooperation among citizens in a globalizing economy (section 1). The more transnational protection of cosmopolitan rights (e.g., human rights, trading, investor and social rights) depends on multilevel cooperation among national and international courts, the stronger becomes the need for justifying "multilevel judicial governance" by conceptions of "cosmopolitan" and "constitutional justice" rather than only by "Westphalian justice" and "commutative justice", as reciprocally agreed in treaties among States (section 2). "Fragmentation" of "IEL among States" through multilevel economic regulation and adjudication (e.g., inside free trade areas and economic communities) is a necessary strategy for reforming international law for the benefit of citizens. In order to remain legitimate and reconcile the rational self-interests of citizens with their reasonable common interests, investment arbitration must remain embedded into multilevel human rights law and respect for legitimate "constitutional pluralism" protecting cosmopolitan rights, transnational "participatory" and "deliberative democracy" and rule of law through "consistent interpretations" and "judicial comity" among national and international courts of justice (section 3).

This thesis addresses the question of how conventions and other instruments regulating court jurisdiction should deal with court proceedings relating to arbitration. It argues that the conventional approach of excluding court proceedings related to arbitration entirely from the scope of the jurisdiction instrument cannot be justified with reference to any international arbitration convention. It continues to argue that the exclusion of arbitration causes or exacerbates significant problems at the interface between the courts and arbitration, taking the European Union's recent experience as an example. It then argues that the European legislature has recently directly considered the exclusion of arbitration from its jurisdictional instruments and failed to act effectively. Any amendments to this system will necessarily be offered within the relevant legal context, so an assessment of the prevailing principles in European international private law and international commercial arbitration will follow. Furthermore, the ongoing debate surrounding the delocalisation of arbitration and its relevance to the debate about the interface between court jurisdiction and arbitration shall be addressed. Finally, this thesis proposes a model for inclusion of arbitration in the European jurisdiction instrument (the Brussels I Regulation) that would, it is argued, solve or ameliorate the problems at the interface between the Regulation and arbitration, whilst broadly aligning with the prevailing principles in the relevant legal context. The thesis then considers whether this approach could be extended beyond Europe to the world at large, concluding that it could not. This work therefore takes an original approach to a topic of much contemporary controversy, by taking a holistic, rounded, and reasoned view of the problems at the interface between court jurisdiction and arbitration. It also contains original insights into several other areas, including the historical justification for the exclusion of arbitration from jurisdiction conventions, the importance of mutual trust as a founding principle of the common market, the relevance of the delocalisation debate to the topic, and the proposal for reform advanced at the end of this thesis.

State territory — Territorial waters — Jurisdiction over — Inter-oceanic waterway — Navigable channel — Beagle Channel between Argentina and Chile — Islands at mouth of channel.Jurisdiction — Territorial — Over national waters — Maritime jurisdiction — Uti possidetis juris doctrineTreaties — In general — Title — Significance of — Preamble — Relevance ofTreaties — Interpretation — Principles and rules of interpretation — Interpretation by principles of Vienna Convention of 1969 on the law of treaties — Bases of negotiationTreaties — Interpretation of — Bilingual treaties — Varying versions — Maps and charts as evidence of contents — Confirmatory or corroborative incidents and material — Relevance of speech by Minister of Foreign AffairsTreaties — Special kinds of — Arbitration treaties — Denunciation of general treaty not affecting pending arbitration proceedingsDisputes — Arbitration — Law applied by arbitral tribunals — Decision in accordance with international law — Other matters to be taken into accountDisputes — Arbitration — Acceptance of arbitrationDisputes — Arbitration — Arbitration treaty — Denunciation of general treaty not affecting pending arbitration proceedingsDisputes — Arbitration — Appointment 'of members of Court of Arbitration — Death of a memberDisputes — Arbitration — Procedure — Visit to locus — Expenses — LanguageDisputes — Arbitration — Evidence — Boundary dispute — Relevance of cartography — The "time frame" — Maps and Admiralty charts — Memorandum by Admiralty hydrographer — Acts of jurisdiction as confirming or corroborative evidenceDisputes — Arbitration — The award — Declaration that decision constitutes the award — dispositif.State territory — Parts of — Water boundaries — Definition of boundary by arbitration — Tracing of boundary — Straight base lines — The Beagle Channel between Argentina and Chile — Islands at mouth of channel

Exponential growth in international commercial arbitration sources, as well as their diversity and international nature can leave those interested in this area confused. This is the first practical and portable guide to the strategies, as well as the sources, associated with researching international commercial arbitration.