Key to Efficiency in International Arbitration
In: ICSID review: foreign investment law journal, Band 30, Heft 3, S. 481-485
ISSN: 2049-1999
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In: ICSID review: foreign investment law journal, Band 30, Heft 3, S. 481-485
ISSN: 2049-1999
In: European journal of international law, Band 20, Heft 3, S. 942-947
ISSN: 0938-5428
In: Nordic journal of international law, Band 74, Heft 2, S. 179-208
ISSN: 1571-8107
AbstractThe recent judgment of the International Court of Justice in the Case Concerning the Oil Platforms ('Oil Platforms') is a fascinating and confusing mix of formal consensus and substantive dissensus. By fourteen votes to two, the Court dismissed both the United States defence and Iran's substantive claim in the case. Yet the Court's nearly complete unanimity is belied by a considerable substantive disagreement on the reasoning leading to this outcome, as reflected in the numerous separate and dissenting opinions appended to the judgment. An analysis of these opinions reveals that the disagreement within the Court cannot be considered simply a reflection of varying judicial appreciations of law and fact; it reveals a fundamental, even philosophical disagreement relating to the very function of the Court: Is the principal function of the Court the adjudication of claims brought by States, or the settlement of disputes between States? The fundamental disagreement among the Judges on this issue seems a reflection of their training and background – between Judges trained in the common law tradition and those hailing from the civil law or similar more policy-oriented backgrounds. Apart from the jurisprudential disagreement relating to the function of the Court, the judgment also raises important issues of substantive international law, in particular those relating to the relationship between the law of peace and the law of armed conflict. The judgment testifies to the continuing validity of this distinction, despite the many attempts of international legal scholarship to move beyond this distinction to a more enlightened era of international relations.
In: American journal of international law: AJIL, Band 92, Heft 2, S. 339-350
ISSN: 2161-7953
While the public's attention has recently focused on the United Nations Special Commission on Iraq (UNSCOM) and its weapons inspection activities, the United Nations Compensation Commission (UNCC or Commission), another ad hoc UN body created pursuant to Security Council Resolution 687 in the aftermath of the Persian Gulf war, has been making steady progress in resolving the war reparation claims asserted against Iraq. Nonetheless, the UNCC is under increasing pressure to speed up the claims review process and complete its work expeditiously.
In: American journal of international law, Band 92, Heft 2, S. 339-349
ISSN: 0002-9300
Intro -- Contents -- Acknowledgements -- Introduction -- Theoretical and structural issues -- Democracy and international governance -- Intergovernmental societies and the idea of constitutionalism -- Constitutional interpretation in international organizations -- The rationality of the use of force and the evolution of international organization -- Current issues: The changing environment of international organizations -- International organizations in a period of globalization: New (problems of ) legitimacy -- The changing image of international organizations -- International democratic culture and its sources of legitimacy: The case of collective security and peacekeeping operations i -- The legitimacy of Security Council activities under Chapter VII of the UN Charter since the end of the Cold War -- Selected contexts: International organization in transition -- The legitimacy of the World Trade Organization1 -- The process towards the new international AEnancial architecture -- Distributive justice and the World Bank: The pursuit of gender equity in the context of market reform -- Legitimacy in the real world: A case study of the developing countries, non-governmental organizations, and climate change -- Conclusion -- International organizations, the evolution of international politics, and legitimacy -- Acronyms -- Contributors -- Index.
In: American journal of international law, Band 87, Heft 4, S. 669-670
ISSN: 0002-9300
Democracy and international governance / Susan Marks -- Intergovernmental societies and the idea of constitutionalism / Philip Allott -- Constitutional interpretation in international organizations / Jose E. Alvarez -- The rationality of the use of force and the evolution of international organization / Veijo Heiskanen -- International organizations in a period of globalization: new (problems of) legitimacy / G.C.A. Junne -- The changing image of international organizations / Jan Klabbers -- International democratic culture and its sources of legitimacy: the case of collective security and peacekeeping operations in the 1990s / Jean-Marc Coicaud -- The legitimacy of Security Council activities under Chapter VII of the UN Charter after the end of the Cold War / Tetsuo Sato -- The legitimacy of the World Trade Organization / Robert Howse -- The process towards the new international financial architecture / Marc Uzan -- Distributive justice and the World Bank: the pursuit of gender equity in the context of market reform / Kerry Rittich -- Legitimacy in the real world: a case study of the developing countries, non-government organizations, and climate change / Joyeeta Gupta