Suchergebnisse

International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors - such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council - in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.

Introduction /Philippe Gautier --Judge Vladmir Golitsyn --David Anderson --José Luís Jesus --Elsa Kelly --Jin-Hyun Paik --Tullio Treves --Shunji Yanai --Doris König --Francisco Orrego Vicuña --Bernard H. Oxman --Yoshifumi Tanaka --Peter Tomka --Alan Boyle --Alain Pellet --Michael Wood --Ronny Abraham --Joseph Akl --Carl Baudenbacher --Jean-Pierre Cot --Albert J. Hoffman --Tafsir Malick Ndiaye.Opening statement of the President of the Tribunal /The Tribunal's jurisprudence and its contribution to the rule of law /The Tribunal's jurisprudence and its contribution to the rule of law /The precautionary approach in the advisory opinion concerning the responsibilities and obligations of states sponsoring persons and entities with respect to activities in the area /The Tribunal's jurisprudence and its contribution to the rule of law /The International Tribunal for the Law of the Sea and the rule of law /The contributions of the Tribunal to the progressive development of international law /The elaboration of due diligence obligations as a mechanism to ensure compliance with international legal obligations by private actors /The contribution of the Tribunal to the progressive development of international law /The principle of due regard /The contribution of the Tribunal's jurisprudence on the development of international law /The contribution of the International Tribunal for the Law of the Sea to the progressive development of international law /The Tribunal and the rule of law /La contribution du Tribunal du droit de la mer au développement du droit international général : les dix dernières années /The indispensable contributions of the Tribunal : a practitioner's view /L'amélioration de méthodes de travail de la justice internationale : Le point de vue de la Cour internationale de Justice /L'amélioration de méthodes de travail du Tribunal international du droit de la mer /The EFTA Court's working methods /L'amélioration des méthodes de travail de justice internationale /Improving working methods in international adjudication /L'amélioration des méthodes de travail de la justice internationale

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, "the production of text can come to feel like the very purpose of international law."

The Public Policy (Ordre Public) Exception under Domestic and International Law --The Public Order Exception under WTO Law --The Public Order Exception in International Investment Arbitration --The Public Order Exception under the Inter-American Court of Human Rights and the European Court of Human Rights --The Public Policy Exception in International Commercial Arbitration --The Public Order Exception in International Dispute Resolution Mechanisms: A Comparison.

"International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists,' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature--a result that is not only legally binding but also in each state's self-interest"--

Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg analyzes the international legal implications of this unprecedented situation

Preliminary Material /Editors CCXA4 -- The Application of International Law by the International Court of Justice /Abdul G. Koroma -- Prevention and International Law /Mohamed Bennouna -- International Dispute Resolution, With Specific Attention to China /Christine Chinkin.