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This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
(5 and 6 August 1949)
Can there ever be trust between states? This study explores the concept of trust across different and sometimes antagonistic genres of international political thought during the seventeenth century. The natural law and reason of state traditions worked on different assumptions, but they mutually influenced each other. How have these traditions influenced the different concepts and discussions of trust-building? Bringing together international political thought and international law, Schröder analyses to what extent trust can be seen as one of the foundational concepts in the theorising of interstate relations in this decisive period. Despite the ongoing search for conditions of trust between states, we are still faced with the same structural problems. This study is therefore of interest not only to specialists and students of the early modern period, but also to everyone thinking about ways of overcoming conflicts which are aggravated by a lack of mutual trust.
Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.
An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
The arrival of the International Law: Achievements and Prospects can fairly be described as a major event in international legal publishing. It has been written by international lawyers from the North, the South, the East and the West, whose differing origins and different, or even opposed, academic backgrounds have ensured that the book encapsulates and brings into focus `the main forms of civilization' and `the principal legal systems of the world'. The book's most distinctive feature is its international, multi-cultural and polyphonic nature. International Law: Achievements and Prospects aims to inform and to educate, to make the discipline of international law accessible to a very broad public, and to promote a meeting of minds on fundamental notions, key concepts, and the guiding principles of international law, over and beyond frontiers, ideologies and doctrines. In addition, it is intended to provide a framework for thought, to describe what international law is today, to specify its nature, define its purpose and show its strengths, and also to point out its weaknesses. All the contributing authors are or have been practitioners of international law. Their contributions express a global view of international law which helps to unravel the complex reality of the contemporary world. International Law: Achievements and Prospects has been produced under the auspices of UNESCO; its content also aspires to reflect, in some measure, the imprint of that Organization's sponsorship.