This book is the outcome of the Sir Hersch Lauterpacht Memorial Lectures delivered by the author at Cambridge University in 2001. It addresses three salient issues of contemporary international dispute settlement: the development of international constitutional law in a global society; the increasing access of the individual; and the developing role of international private arbitration. The book discusses recent thoughts and proposals concerning a new role for the International Court of Justice in performing judicial constitutional functions, with particular reference to the United Nations and the trends toward the recognition of judicial review. It also addresses the question of the eventual establishment of an International Constitutional Court. The increasing access of individuals to international dispute settlement is examined in the light of ICSID arbitration, free trade agreements and other developments in the WTO. Emerging trends in the organization of international commercial arbitration are discussed in the light of privatization arrangements.

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

International Chamber of Commerce Arbitration is a hands-on guide providing a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings. The book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause. Published in cooperation with the International Chamber of Commerce, this text covers every aspect of ICC arbitration. The authors, seasoned experts, provide a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement, covering in detail the important rulings of the ICC and their potential impact on future awards. Appendices include a table of cases, table of arbitral awards, table of authorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index.

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

Opposite pages bear duplicate numbering

Opposite pages bear duplicate numbering

"A Critical Humanitarian Intervention Approach" explores ways of reconceptualizing security in terms of Ken Booth's "Theory of World Security. "This approach, focusing on human development more broadly can improve upon the theoretical and practical limitations of solidarist theories on the subject of humanitarian intervention.

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.

"This book by Vahakn Dadrian and Taner Akcam, one Armenian, one Turkish, both noted scholars of the Armenian Genocide] stands as a monument of original scholarship on the facts of the Genocide. The wealth of specific citations, the multiplicity of sources surveyed make this volume an invaluable and fundamental source for any future study." . The Armenian Mirror-Spectator

Turkey's bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekayi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century's first state-sponsored crime of genocide.

Vahakn N. Dadrian was director of a large Genocide Study Project with sustained support by the National Science Foundation and the H. F. Guggenheim Foundation. The project's first major achievement was the publication of an extensive volume, "The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus" (Berghahn Books 1995), now in its 8th edition, which has been translated into Arabic, French, Greek, Italian, Russian, Spanish and Turkish. In 2005, he received four separate awards for his lifetime contribution to genocide studies. He taught at the State University of New York (SUNY) system (1970-1991) and has been Director of Genocide Research at the Zoryan Institute since 1999.

Taner Akcam was born in the province of Ardahan in the northeast of Turkey. As the editor-in-of a political journal, he was arrested in 1976 and sentenced to 10 years' imprisonment. One year later, he escaped and fled to Germany as a political refugee. He is the first Turkish scholar to have drawn attention to the historicity of the Armenian Genocide and has been persecuted by the Turkish state for it. In April 2006, the Commonwealth of Massachusetts presented him with a distinguished award for his outstanding work in human rights and fighting genocide denial. Currently, he is Associate Professor of History and the Kaloosdian/Mugar Chair in Armenian Genocide Studies at the Center for Holocaust and Genocide Studies, Clark University"

Over the last century, international courts, once reserved for arcane matters of diplomacy and trade, have begun to address a broad range of human experience and activity. This volume corrects some of the common misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs for years to come. Based on interviews with more than 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context. It will be of interest to researchers in Criminal Justice, International Studies, International Law, and related fields.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Commercial Arbitration This important book attempts to explain the discrepancy between the mounting condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. In the process of developing theory in this area, the book analyzes relevant case and other legal materials, and thus provides both theoretical and practical guidance in such matters as the following: the arbitrability of corruption matters; the validity of arbitration agreements contained in corruption contracts; the standard and extent of proof that the arbitrator should apply in connection with corruption allegations; the various presumptions of corruption; the principle of party autonomy and corrupt relations; the applicability of national mandatory laws prohibiting corruption in international arbitration; the application of transnational public policy condemning corruption; the effect of nullity of corrupt relations; and the degree of judicial review of arbitral awards rulings on corruption allegations. Important cases from many countries are analyzed with in-depth attention to the circumstances surrounding them, and many national laws (including those of Arab countries) and international agreements are also examined. This book will be of immeasurable value to arbitration practitioners and scholars, corruption scholars and specialists in governmental and non-governmental organizations, officials and experts concerned with money laundering, civil servants in charge of national accountability or transparency bureaus, and law enforcement officials and judges charged with criminal justice procedure in matters of corruption.

The book analyzes the political process that led to the establishment of the International Criminal Court (ICC). It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court's statute and in achieving early ratification of the ICC Statute. NGOs were able to achieve this result through their use of principled, communicatively rational argument. Thus in addition to accounting for the particular outcome of the ICC negotiations, the book also makes a contribution to our theoretical understandings of the ways that NGO discourse can transform the process of policy formation in world politics.

Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book - arbitrability - is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

The regulation of foreign investment represents one of the most topical and controversial subjects in European Union law and international investment law. EU foreign investment law is emerging as a critically important issue, particularly since the introduction of EU competence over foreign direct investment after the Lisbon Treaty and the recent successful challenge of the compatibility of Member States Bilateral Investment Treaties with EU law. Within this framework, the book sets out to identify whether and to what extent the EU has become an international actor in the field of foreign investment. Exploring the existing legal framework on the scope and exercise of EU competence and its legal effects, it examines the foundations upon which EU investment policy is based and will be based in the future. The book addresses questions relating to the definition of foreign investment; the scope of EU competences; the exercise of EU powers; the substantive content of existing and future EU International Investment Agreements; and the objectives of EU investment policy and its EU law effects. From this grounding, the study widens to scrutinize the influence that the EU exerts on international law and regulation of foreign investment. Paying careful attention to the substantive content and orientation of EU International Investment Agreements, the book takes a comparative approach to the content of Bilateral Investment Treaties, as well as to the ramifications of EU foreign investment regulation for international law, especially with regard to the EU's international responsibility. Taking into account the recent developments in the field, this book provides the first comprehensive treatment of the legal, practical, and political concerns that the creation of an EU common investment policy creates.

This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e. the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case, (b) to make suggestions for improvement.
This book analyzes questions such as (i) which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof); (ii) what quantum of proof is necessary to convince the panel (standard of proof); (iii) the role of the panel, disputing parties, and non-disputing parties (e.g. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) the consequences of a party's failure to cooperate in the process of fact-finding; (v) how the parties can access the information which is necessary to prove their allegations; and (vi) the treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world, the common law and the civil law, and to the extent possible the approaches adopted by other international courts and tribunals.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

Any legal library would be incomplete without the entire set of this historical reprint. The 15 bound volumes of the judgments, orders and advisory opinions of the PCIJ include the collections of judgments from 1923-1930 (Series A) and advisory opinions from 1923-1930 (Series B), and the collections of judgments, orders and advisory opinions from 1931-1940 (Series A/B). Volume 8 contains advisory opinions in the following cases: Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory, Interpretation of the Greco-Bulgarian Agreement of 9 December 1927 and Interpretation of the Convention of 1919 concerning Employment of Women during the Night; judgments in: Free Zones of Upper Savoy and the District of Gex and Interpretation of the Statute of the Memel Territory; and orders in: Interpretation of the Statute of the Memel Territory and Legal Status of the South-Eastern Territory of Greenland.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record of successful cooperation. Yet the dispute - pitting a largely acceptant US against an EU deeply suspicious of GMOs - has developed into one of the most bitter and intractable transatlantic and global conflicts, resisting efforts at negotiated resolution and resulting in a bitterly contested legal battle before the World Trade Organization.
Professors Pollack and Shaffer investigate the obstacles to reconciling regulatory differences among nations through international cooperation, through the lens of the GMO dispute. The book addresses the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops. They demonstrate that the deeply politicized, entrenched and path-dependent nature of the regulation of GMOs in the US and the EU has fundamentally shaped negotiations and decision-making at the international level, limiting the prospects for deliberation and providing incentives for both sides to engage in hard bargaining and to "shop" for favorable international forums. They then assess the impacts, and the limits, of international pressures on domestic US and European law, politics and business practice, which have remained strikingly resistant to change.
International cooperation in areas like GMO regulation, the authors conclude, must overcome multiple obstacles, legal and political, domestic and international. Any effective response to this persistent dispute, they argue, must recognize both the obstacles to successful cooperation, and the options that remain for each side when cooperation fails.

The Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These Reports are essential for all practitioners in the field of international claims, academics in private and public international law, and comparative lawyers, as well as all governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.