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24650 results in Public International Law

Page 418 of 1233

  • LJL volume 31 issue 1 Cover and Back matter

  • Journal:
    Leiden Journal of International Law / Volume 31 / Issue 1 / March 2018
    Published online by Cambridge University Press:
    06 February 2018, pp. b1-b4
    Print publication:
    March 2018
    • Article
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Legitimacy and International Courts
  • Edited by Nienke Grossman, Harlan Grant Cohen, Andreas Follesdal, Geir Ulfstein
  • Published online:
    05 February 2018
    Print publication:
    22 February 2018
  • One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Self-Determination in Disputed Colonial Territories
  • Jamie Trinidad
  • Published online:
    01 February 2018
    Print publication:
    15 February 2018
  • Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.

  • 9 - The WTO Dispute Settlement System

  • from PART II - INTERNATIONAL DISPUTE SETTLEMENT IN PARTICULAR FIELDS
  • Yoshifumi Tanaka, University of Copenhagen
  • Book:
    The Peaceful Settlement of International Disputes
    Published online:
    21 June 2018
    Print publication:
    11 January 2018, pp 275-310

  • Summary

    Main Issues

    The WTO dispute settlement system is characterised by some particular features, such as the ‘reverse consensus’ decision-making procedure, appellate review procedure and surveillance of the implementation of recommendations and rulings. Owing to its unique features, the dispute settlement system of the WTO provides a useful insight into development of the international law of peaceful settlement of international disputes. This chapter will seek to examine the key issues of the WTO dispute settlement system. In particular, the following issues will be discussed:

  • (i) What are the principal features of the WTO dispute settlement system?

  • (ii) What is the role of consultations in the WTO dispute settlement system?

  • (iii) What are the procedures of a panel and the Appellate Body?

  • (iv) How is it possible to secure the effective implementation of recommendations and ruling of WTO panels and the Appellate Body?

  • (v) What is the role of arbitration and how is it integrated into the WTO dispute settlement system?

  • (vi) What is the position of developing Members in the WTO dispute settlement system?

    • INTRODUCTION

    International Dispute Settlement in GATT

    In the blueprint for the post-war international order, economic development was considered as a prerequisite to establish international peace. Before the end of World War II, the United States already advanced the view that economic development on the basis of international free trade would provide an important mechanism for achieving world peace. In the 1941 Atlantic Charter, Franklin Roosevelt, the President of the United States, and Winston Churchill, the Prime Minister of the United Kingdom, stated that all of the nations of the world must come to the abandonment of the use of force to establish peace and that they would endeavour to further the enjoyment by all States of access to the trade and to the raw materials of the world which are needed for their economic prosperity. Furthermore, Article VII of the 1942 Anglo-American Mutual Aid Agreement provided that in return for aid furnished by the United States to the United Kingdom, the two governments took agreed action directed to the expansion of ‘production, employment, and the exchange and consumption of goods, which are the material foundations of the liberty and welfare of all peoples; to the elimination of all forms of discriminatory treatment in international commerce, and to the reduction of tariffs and other trade barriers’.

The Peaceful Settlement of International Disputes
  • Yoshifumi Tanaka
  • Published online:
    21 June 2018
    Print publication:
    11 January 2018
  • Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-state disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.

  • 11 - Peaceful Settlement of Disputes Involving Non-State Actors

  • from PART II - INTERNATIONAL DISPUTE SETTLEMENT IN PARTICULAR FIELDS
  • Yoshifumi Tanaka, University of Copenhagen
  • Book:
    The Peaceful Settlement of International Disputes
    Published online:
    21 June 2018
    Print publication:
    11 January 2018, pp 334-381

  • Summary

    Main Issue

    Peaceful settlement of disputes between two parties of which at least one party is a non-State actor is an increasingly important issue in international law. The settlement of these disputes necessitates particular procedures. As such procedures are diverse, this chapter will focus on some prototypical examples in this matter: the role of the United Nations in internal armed conflicts, intra-State arbitration, the International Centre for the Settlement of Investment Disputes (ICSID), the Iran–United States Claims Tribunal, the United Nations Compensation Commission, judicial review by the ICJ, the UN internal justice system and the World Bank Inspection Panel. In particular, the following issues will be examined:

  • (i) What is the role of the United Nations in the settlement of intra-State disputes?

  • (ii) What is the role of arbitration in the settlement of intra-State disputes?

  • (iii) What are the law and procedures of the ICSID and the Iran–United States Claims Tribunal?

  • (iv) What are the principal features of the United Nations Compensation Commission?

  • (v) Is it possible for the International Court of Justice to review the validity of UN Security Council resolutions?

  • (vi) What is the role of the World Bank Inspection Panel?

    • INTRODUCTION

    In light of increasing activities of non-State actors in international relations, growing attention is paid to the peaceful settlement of disputes between two parties of which at least one party is a non-State actor. As discussed in Chapter 1, section 3.4, four types of international disputes involving non-State actors can be identified:

  • (i) intra-State disputes

  • (ii) disputes between the State and juridical/natural persons

  • (iii) disputes between an international organisation and its Member States

  • (iv) disputes between an international organisation and individuals.

    • Relevant procedures of the settlement of international disputes involving non-State actors considerably differ according to the nature of disputes. Thus this chapter has only the modest aim of examining some prototypical examples concerning the settlement of the four types of disputes.

    Following the Introduction, this chapter examines the role of the United Nations and arbitration in the settlement of intra-State disputes (section 2). Next, it addresses mixed arbitration with specific focus on the ICSID and the Iran–United States Claims Tribunal (section 3). This chapter then discusses the United Nations Compensation Commission (UNCC) (section 4). It moves on to examine the potential of judicial review of UN Security Council resolutions by the ICJ (section 5).

  • 7 - International Court of Justice (II): Law and Procedure of the Court

  • from PART I - FOUNDATION OF INTERNATIONAL DISPUTE SETTLEMENT
  • Yoshifumi Tanaka, University of Copenhagen
  • Book:
    The Peaceful Settlement of International Disputes
    Published online:
    21 June 2018
    Print publication:
    11 January 2018, pp 175-226

  • Summary

    Main Issues

    Rules of procedure of the ICJ evolve over time. In particular, rules concerning preliminary objections, provisional measures, and third-party intervention have been developed through its jurisprudence. Thus there is a need to review the Court's practice to understand rules of procedure of the Court. As a permanent court having general jurisdiction, the practice of the Court also provides an insight into development of the law of international adjudication. Following Chapter 6, this chapter will seek to address the law and procedure of the ICJ with regard to: the applicable law (section 1), proceedings of the Court (section 2), provisional measures (section 3), preliminary objections (section 4), third-party interventions (sections 5 and 6) and judgment (section 7). Particular focus will be on the following issues:

  • (i) What is the distinction between lex lata and lex ferenda and what is the impact of lex ferenda on the decision of the Court?

  • (ii) What is the process of the proceedings of the Court?

  • (iii) What are the requirements for the Court to indicate provisional measures?

  • (iv) What are the preliminary objections?

  • (v) How is it possible to safeguard legal interests of the third party in judicial process of the Court?

  • (vi) What is the legal effect of the Court's judgments?

    • APPLICABLE LAW

    General Considerations

    It is relevant to commence our examination with the law applied by the Court. The key provision in this matter is Article 38 of the ICJ Statute:

    1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

    a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

    b. international custom, as evidence of a general practice accepted as law;

    c. the general principles of law recognized by civilized nations;

    d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

    2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.

Page 418 of 1233