Suchergebnisse

Perhaps no other problem of international law plays at the present time such an important rôle as the problem of revision, or, as it is now called with a new and rather ambiguous term, "peaceful change." This is in itself a change. For whereas advanced municipal laws naturally contain provisions for the change of the positive law by legislation or by constitutional amendments, the problem was, up to a short time ago, nearly wholly neglected in international law, both practically and theoretically. International law was primarily static, as indeed are all primitive juridical orders. Not only were the great peace treaties since 1648 meant to be perpetual, but even proposals de lege ferenda were purely static.

Foreword --Table of Abbreviations --Table of EU Case Law --Introduction --The Objectives of Competition Law --The Enforcement of Community Law --The Content of EC Competiton Law --Arbitrability --The Application of Mandatory Norms --Taking EC Competition Law Seriously --EC Competition Law Assistance in International Arbitration --Overview of Substantive Analysis in Practice --Legal Relief --Bibliography.

The International Court of Justice (ICJ) refused jurisdiction in Georgia's suit against Russia under the Convention on Elimination of All Forms of Racial Discrimination, finding that the treaty's jurisdictional clause, which limits jurisdiction to unsettled disputes, did not apply in the absence of good-faith negotiation. The court reversed its provisional measures order, which entertained jurisdiction, and continued a line of cases holding that clauses like the treaty's jurisdictional clause serve mainly to give the parties notice of the dispute. The ICJ's ruling noted that these clauses also reflect limits on parties' consent to jurisdiction and a general preference for negotiated solutions. This suggests that the court will scrutinize attempted diplomacy more in the future to ensure good-faith conduct. Yet the court refused to overturn precedents permitting use of open forums such as the UN and finding negotiations where the specific treaty obligations are not identified, making good faith harder to ensure. The ICJ's adherence to a more flexible standard thus still provides a way for complainants to satisfy jurisdictional thresholds without fully engaging respondents beforehand.