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Now in its fifth year, the "Max Planck Yearbook of United Nations Law" is becoming a much sought-after forum for essays by the most distinguished professors in international law. These essays cover a variety of topics related to the activities of the United Nations: from the role of the Security Council to UN treaties, from environmental issues to humanitarian law. The "Yearbook" also contains essays e.g. on the World Bank, the IAEA, and the WTO. Volume 5 focuses in particular on the international dispute settlement system with articles on the activities of international courts and tribunals as well as the contributions to settlement of disputes by other institutions such as the World Bank Inspection Panel. But there are also tackled subjects as the future of peace-keeping, the UN Transitional Administration in Kosovo and East Timor, as well as human rights and their implementation. This book is a must-have for any academic involved in international law. For more information on this yearbook please visit the website of the Max Planck Institute
This publication constitutes the first scholarly periodical to focus on activities of the United Nations in the field of international law. It recognizes the recent increased impact of the development of the World Organization, its Specialized Agencies and other aspects of the United Nations System, as well as their effect on the shaping of international relations.
Volume eight comprises topics like the United Nations system of the use of force; the U.S. bilateral non-surrender agreements in relation to the ICC; developing countries, non-traditional intellectual property rights and the WIPO; and fact-finding by UN human rights complaints bodies.
Kosovo.
In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.
Since the end of the Cold War, considerable scholarly debates have been devoted to the nature and scope of international state-building interventions in ‘fragile’, post-colonial states and their effectiveness in instituting democratic rule. By examining the construction of political institutions in East Timor, this book highlights the relationship between the social and political realms during these processes. Focusing on the roles of East Timorese leaders and civil society organisations during the independence movement, it analyses the effectiveness of democracy building in East Timor. It examines the processes of drafting the new constitution, establishing key political institutions (such as the electoral system), and articulating a new vision of citizenship and social justice. The book argues that East Timor offers a relatively successful case of democratic transition, enabled by a consistent set of goals and aspirations, grassroots political legitimacy and participation, and the development of a democratic civil nation. Offering a coherent argument for why democracy has been successful in East Timor and the roles of political leaders and civil society during democratic transition, this book will be of interest to those studying Southeast Asian Politics, International Politics, and Democracy.