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The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader social context. In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law. One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law. Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.
Examines the role and impact of human rights norms in international courts other than human rights courts
This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
How Democracy Survives explores how liberal democracy can better adapt to the planetary challenges of our time by evolving beyond the Westphalian paradigm of the nation state. The authors bring perspectives from Africa, Asia, Europe, Latin America, and North America, their chapters engaging with the concept of transnational democracy by tracing its development in the past, assessing its performance in the present, and considering its potential for survival in this century and beyond. Coming from a wide array of intellectual disciplines and policymaking backgrounds, the authors share a common conviction that our global institutions—both governments and international organizations—must become more resilient, transparent, and democratically accountable in order to address the cascading political, economic, and social crises of this new epoch, such as climate change, mass migration, more frequent and severe natural disasters, and resurgent authoritarianism. This book will be relevant for courses in international relations and political science, environmental politics, and the preservation of democracy and federalism around the world. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Thanks to the support of libraries working with Knowledge Unlatched www.knowledgeunlatched.org
With perspectives from a diverse range of practitioners and scholars, this collection is a readable, in-depth study of the role of the International Court of Justice, its practice, and the impact of its jurisprudence.
Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles: Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Várady The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels. The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, cryptocurrencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically examining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instrument for all researchers investigating these matters, besides policymakers and their advisers as well as all lawyers active in the field of economic law who look for a new perspective on the subject matters dealt with.