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The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. To access the abstract texts for this volume please click here
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the "Hague Academy of International Law," "J. Barboza," Professor at the Catholic University of Buenos Aires "International Criminal Law" Since the Nuremberg and Tokyo judgments, criminal responsibility has played an increasing role in international law. This article gives a general view of the field, including recent developments such as the Code of Crimes against the Peace and Security of Mankind, submitted by the International Law Commission to the General Assembly; the Courts for the ex-Yugoslavia and Rwanda and the Statute for an International Criminal Court considered by the Rome Conference. International Crimes of the State' are also considered, in the light of the developments in the ILC and of their likely projections. "F. Maupain," Special Adviser of the International Labour Office, Geneva "The ILO, Social Justice and the Global Economy" The Creation of the ILO was premised upon the idea that the activities of States to promote social justice must, if they are to be effective, be supported by international action. However, international action is supposed to be limited to activities of co-ordination and emulation, while initiatives for progress and the determination of the contents ofsuch progress remain the business of each State individually. The globalization of the economy seems to create a dual challenge to this interpretation: first, by weakening States' capacity and desire to engage in individual actions: and second, by provoking a growing demand, in particular on the part of workers, for the definition of a universal common denominator of protection. This article examines the various implications of these new problems, in particular with regard to ILO's constitutional means of action.
What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.
This book explores how business people and their legal advisers try to minimise the effect of the difficulties imposed by different cultures.
The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on practice and applicable rules of international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.
This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the 10th anniversary of its first publication! And it will continue to provide you with interesting information on the future development of private international law. - The new Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 - Commercial agents under European jurisdiction rules - Grunkin-Paul and beyond - a seminal case in the field of international family law - The new Rome I/Rome II/Brussels I-synergy - Rome I and contracts on intellectual property - Rome I and distribution contracts - Rome I and franchise contracts - Rome I and financial market contracts - Special section on maintenance obligations
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
With articles by Jürgen Basedow, Jan von Hein, Dorothee Janzen, Hans-Jürgen Puttfarken, François Dessemontet, Tito Ballarino, Benedetta Ubertazzi, Willibald Posch, Roberto Baratta and Luigi Fumagalli, national reports from Spain, Poland and Israel, news from The Hague as well as texts, materials and recent developments.