To save this undefined to your undefined account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your undefined account.
Find out more about saving content to .
To save this article to your Kindle, first ensure firstname.lastname@example.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This page lists the top ten most read articles for this journal based on the number of full text views and downloads recorded on Cambridge Core over the last 30 days. This list is updated on a daily basis.
Governments — Separation of executive and courts — Independent prosecutors — Exercise of statutory powers and discretion — Independent decision-making — Taking relevant considerations into account — Effect of opinions and advice of others on independence of decisions — Shawcross exercises — Threats — Impact of threats on independent decision-making — The rule of law — Whether decision of Director of Serious Fraud Office to discontinue investigation lawful — Criminal Justice Act 1987
Relationship of international law and municipal law — Treaties — Interpretation and application — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Organization for Economic Cooperation and Development — OECD Working Group on Bribery in International Business Transactions — Whether municipal courts to desist from interpretation of unincorporated international instruments — Value of uniform interpretation of international instruments — Whether municipal courts can consider unincorporated international instruments considered by decision-makers when assessing legality of decisions — Criminal Justice Act 1987 — Serious Fraud Office — Investigations and prosecutions — Anti-terrorism, Crime and Security Act 2001
Treaties — Interpretation — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Investigation and prosecution of bribery of foreign public officials — Applicable rules and principles of Contracting Parties — Parties not to be influenced by considerations of national economic interest, potential effect on relations with other States or identity of natural or legal persons involved — National security — Intersection of national security and relations with other States — European Convention on Human Rights, 1950 — Article 2 — Right to life — Vienna Convention on the Law of Treaties, 1969 — Article 31 — Interpretation of treaties in good faith in light of object and purpose — The law of England
Diplomatic relations — Special missions — Immunity and inviolability from criminal jurisdiction — Customary international law — State agreeing to receive special mission — Whether customary international law requiring that State secure inviolability and immunity from criminal jurisdiction of members of special mission — Nature of immunity — Whether operation of such immunity restricted to official acts
Relationship of international law and municipal law — Customary international law — Requirements of customary international law — Incorporation of customary international law into common law — Whether domestic constitutional principles providing bar or impediment to a judge giving effect to customary international law — Whether unresolved uncertainties in scope and field of application of customary rule providing a reason for declining to give effect to the rule at common law
Treaties — UN Convention on Special Missions, 1969 — Whether UN Convention on Special Missions representing a codification of customary international law regarding special missions — Extent of core immunities within customary international law — The law of England
Sovereign immunity — Restrictive theory — Whether part of modern International law — Whether applicable in English courts — Distinction between acta iure imperii and iure gestionis — Whether based upon nature or purpose of transaction — Agencies of foreign State — Central Bank — Whether entitled to sovereign immunity
International law in general — Relation to municipal law — Customary international law — Whether part of the law of England — Whether English courts entitled to give effect to changes in the rules of international law — Doctrines of transformation and incorporation — Doctrine of binding precedent — Applicability when English courts consider international law — The law of England
International law in general — Relation to municipal law — Principles of — Inclusion in municipal law — Principles as to restitutio in integrum — Application by arbitral tribunal
States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — International commitments with private party — Concessionary contracts — Right to nationalize — Whether a mandatory rule of general international law (jus cogens)
State responsibility — Nature and kinds of — For revocation of contracts — State bound by acts of its organs — Act of Minister — Conclusion by Minister of Deeds of Concession — State bound thereby
International organizations — United Nations — General Assembly — Resolutions of — As reflecting or affecting customary international law — Nature of resolution — Character of voting thereon — Permanent Sovereignty over Natural Resources — Charter of Economic Rights and Duties
Disputes — Arbitration — In general — Conception and function of — Contractual nature of — Effect of nationalization measures on arbitration provisions in Deeds of Concession — Autonomy or independence of arbitration clause — Need for compliance by parties with pre-requisites — Attempts to bring about friendly settlement
Disputes — Arbitration — Conception and function of arbitration — Restriction to matters of principle to exclusion of question of enforcement
Disputes — Arbitration — In general — Law applied by Arbitral Tribunals — Absence of agreement as to choice of law — Determination by Arbitral Tribunal as to law or systems of law applicable — Choice between municipal law and international law — Relevance of intention of parties — Relevance of provision that arbitrator be appointed by President of International Court of Justice — Relevance of exclusion of municipal law in provisions in Deeds of Concession as to Rules of Procedure
Disputes — Arbitration — Arbitration Treaty — Appointment of Arbitrator — Failure of one party to appoint arbitrator — Appointment by President of International Court of Justice
Disputes — Arbitration — In general — Appointment of arbitrator — Failure to appoint arbitrator — Rejection of request for arbitration — Appointment of arbitrator by President of International Court of Justice — Failure of defendant to take part in proceedings — Effect on rights of plaintiff
Disputes — Arbitration — Procedure — Waiver of oral argument — Arbitration governed by Rules of Procedure to exclusion of local law — Rules of 1962 prepared by Bureau of Permanent Court of Arbitration — Draft Convention on Arbitral Procedure adopted 1955 by U.N. International Law Commission
Disputes — Arbitration — Procedure — Waiver of oral arguments — Possibility of withdrawing dispute — Non — appearance of one party — Question as to identity of defendant — Attempt to distinguish between State and Minister by whom Deeds of Concession concluded
Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Division of proceedings into two parts — Part devoted to question of jurisdiction — Arbitrator as judge of his own jurisdiction
Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Question as to existence of dispute or difference — Divergence of interest and opposition of legal views constituting basis for litigation
Disputes — Arbitration — Procedure — Competence — Loss by plaintiffs of status as concession holders after nationalization — Whether affecting operation of arbitration clause
Disputes — Arbitration — The Award — Scope and binding force — Judgment by default — Plaintiff’s request for ruling by tribunal — Decision as to restitutio in integrum — Time limit therefor
State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Whether Deeds of Concession are contracts — Nature of concessions — Oil concession — Applicable law — Right of parties to choose law — Application of choice of law clause in contract — Binding nature of contracts derived from international law — “Internationalization” of contract between State and alien private person — Meaning and scope of nationalization of concessions — Whether or not nationalization measures breach obligations under contracts — Whether Deeds of Concession are “administrative contracts” — Whether nationalization terminates legal status of concession holders — Obligation to give full effect to Deeds of Concession after nationalization — Restitutio in integrum — Application of municipal law — Relevance of Muslim law
Arbitration — The law to be applied — Systems of law prescribed in Arbitration Agreement — Exclusion of law of country of seat of tribunal — Residuary application of international law — Application of law of State Party subject to rules of private international law — Concession Agreement as fundamental law of Parties — Rejection by Tribunal of specific foreign legal systems.
Arbitration — The arbitration treaty — Failure of parties to agree on question to be submitted to arbitration — Provision for each party to submit own question to Tribunal.
Arbitration — Death of arbitrator — Procedure on.
Arbitration — Procedure — Competence to determine jurisdiction — Limitation of — Absence of power to act as friendly mediator Limitation of competence to decide questions indicated by parties — Absence of power to suggest measures of reconciliation between conflicting contractual agreements — Extension of competence by agreement between parties — Competence to pass judgment on exercise of sovereign rights.
Arbitration — Procedure — Rules of — Translation of proceedings.
Arbitration — The award — Declaratory nature of — Agreement as to.
Arbitration — The award — Declaratory award — Nature of.
Arbitration — The award — Revision by courts of country where arbitration held.
Arbitration — Arbitral tribunals — Exemption from interference by Government of country where sitting, when a State is a Party.
International Court of Justice — Advisory jurisdiction — Competence to examine question in abstract form.
Permanent Court of International Justice — Contentious jurisdiction — Declaratory Judgments.
State responsibility — For interference with concessionary contracts — Respect for acquired rights — Subsequent contract with another concessionaire containing conflicting provision — “ Right of priority ” for transport of oil as to which first concession gave exclusive right — Supremacy of provisions of first concession — Right of transport as acquired right — Whether capable of being affected by agreement between Government and third party — Whether concessionary contract exempts grantee from regulatory powers of granting Government — Nature of concessions — Oil concession — Right of supervision or intervention of grantor State — Concession agreement and acquired rights — Right of ownership of oil extracted by concessionaire — Absence of express provision — International effects of concession — Principles of interpretation of concession agreement — “ Plain, ordinary and usual sense ” of terms — Reference to dictionary definitions — Principles of restrictive interpretation — Relevance of a State being party to contract — Contra proferentem rule — Distinction between public service concessions and concessions for exploitation of raw materials — Ascertainment of intention of parties by reference to their conduct — Whether concession contract can constitute State legislative enactment.
Human rights — Freedom of expression — Flag desecration — Guarantees of right to freedom of expression — Basic Law of Hong Kong Special Administrative Region (“Basic Law”), Articles 39 and 27 — International Covenant on Civil and Political Rights, 1966 (“ICCPR”), Article 19 — National laws criminalizing flag desecration — Whether inconsistent with guarantee of freedom of expression — Whether restriction on freedom of expression necessary for protection of public order — Whether restriction justified under Article 19(3) of ICCPR — Whether national laws unconstitutional
Relationship of international law and municipal law — National laws criminalizing flag desecration — Basic Law — ICCPR — Basic Law applying ICCPR to Hong Kong Special Administrative Region — Guarantees of right to freedom of expression — Whether restriction in national laws justifiable — Whether national laws violating Basic Law — Whether national laws unconstitutional
States — Sovereignty — Transfer of sovereignty — People's Republic of China resuming sovereignty over Hong Kong on 1 July 1997 — New constitutional order — National and regional flags and emblems — Symbols of People's Republic of China and Hong Kong Special Administrative Region — Whether interests in protecting flags legitimate — The law of the Hong Kong Special Administrative Region
Recognition — States — Effects of recognition — Whether constitutive or declaratory — Conditions for recognition — Break up of existing State — Yugoslavia
States — Criteria for statehood — Territory and population subject to an organized political authority — Federal State — Whether requirement that federal organs represent components of federation and wield effective power — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia ceased to fulfil these conditions by December 1991 — Whether in process of dissolution
State succession — Principles — Vienna Convention on State Succession in Respect of Treaties, 1978 — Vienna Convention on State Succession in Respect of State Property, Archives and Debts, 1983 — Whether reflecting customary international law — Outcome of succession to be achieved by negotiation on equitable basis — Yugoslavia — Whether Socialist Federal Republic of Yugoslavia in process of dissolution by December 1991 — Declarations of independence by certain Yugoslav Republics — Whether constituting secession — Whether any Republics or group of Republics constitute continuation of Socialist Federal Republic of Yugoslavia
International law in general — Relation to municipal law — Definition of war — Whether the same in international law and common law
States as international persons — In general — Sovereignty and independence — Conclusiveness of statements of the Executive — Statement concerning existence of state of war — Whether conclusive in international arbitration under International Chamber of Commerce Rules — Whether conclusive if arbitrator applies municipal law
International organization and administration — The United Nations — Legal nature of the United Nations — Obligations of membership — Armed conflict between members — Whether capable of amounting to war — Presumption against existence of state of war between members of the United Nations
Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration under International Chamber of Commerce Rules — Conclusiveness of Executive statements
War and neutrality — In general — Effects of outbreak of war — On private contracts — Arbitration clause in bank guarantee
War and neutrality — In general — Termination of war — Armistice agreement and agreement to restore normal relations — Whether terminating war — Intention of parties
War and neutrality — In general — Definition and technical meaning of war — Whether one definition of war exists for all purposes Distinction between war and armed conflict not amounting to war — Whether objective or subjective — Animus belligerendi — Evidence of — Broadcast by Head of State — Relevance of parties' membership of the United Nations — Presumption against the existence of a state of war — Declaration of war — Hostilities between India and Pakistan in September 1965 — Whether amounting to war
Termination of war — Whether war can be terminated by armistice agreement — Effects of Tashkent Declaration, 1966
Effects of outbreak of war — On private contracts — Arbitration clause
Arbitration — International commercial arbitration under International Chamber of Commerce Rules — Role of arbitrator — Whether statement by Executive that a State was at war conclusive in international arbitration — Whether statement conclusive if arbitrator is applying municipal law.
States — Recognition — Turkish Republic of Northern Cyprus (“TRNC”) — Whether TRNC a Member State for purposes of European Council Regulation No 2201/2003
Jurisdiction — Turkish Republic of Northern Cyprus — Whether TRNC capable of being a country of habitual residence for determining jurisdiction in care proceedings — Whether child can retain habitual residence when parent deported from country — Effect of having no place of habitual residence
Treaties — Interpretation — Application — Protocol No 10 of the 2003 Act of Accession of Cyprus to European Union — Effect of suspension of acquis communautaire to the TRNC — The law of England
War — In general — Treaties of Peace — Performance of — Peace Treaty with Italy, 1947, Article 78 (3) — Claim based on forced sale of property in Italy denied by Italian-United States Conciliation Commission because of non-eligibility of claimant — Whether claim not “provided for” in Peace Treaty — Claim subsequently brought under United States legislation on distribution of fund paid under Italian-United States Memorandum of Understanding, 1947 (“Lovett-Lombardo Agreement”) — Relation between claims settlement machinery under Peace Treaty and under United States legislation.