The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal's editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, aslav Pejovic, Juan L. Pulido, Andres Recalde Castells, Thomas J. Schoenbaum and Rudiger Wolfrum."

Das Buch analysiert rechtsvergleichend die Anwendung des Gleichheitssatzes und des Diskriminierungsverbots in ausgewahlten nationalen Rechtsordnungen (USA, Frankreich, Deutschland, Israel, Sudafrika) und im internationalen Menschenrechtsschutz (EG/EU, EMRK, Interamerikanischer Menschenrechtsschutz, Afrikanischer Menschenrechtsschutz, Menschenrechtsschutz im Rahmen der Vereinten Nationen, Rassendiskriminierungsverbot, Minderheitenschutz). Es enthalt zudem Beitrage zu Querschnittsthemen (Verhaltnis von Gleichheit und Nichtdiskriminierung, Bedeutung des Gleichheitssatzes fur die verfassungsgerichtliche Kontrolle von Gesetzen, Universalitat der Menschenrechte). Damit werden - uberwiegend aus der Feder von mit den Fragen befassten Praktikern - besondere Probleme bei der Rechtsanwendung dargestellt und aktuelle Entwicklungslinien bei ihrer Losung aufgezeigt. "

The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The Symposium undertook one of the most comprehensive surveys in recent times of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. Well-known specialists assess to which extent these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law including international disaster law, international humanitarian law, the law of development cooperation and international environmental law as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.

In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the second in the series - collects eight of the lectures held in 2009 and 2010 by David Joseph Attard, Lucius Caflisch, Beate Czerwenka, Lars Gorton, Francesco Munari, Kyriaki Noussia, Peter Wetterstein and Wolfgang Wurmnest.

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

On June 2, 1988, after six years of negotiations!, the Convention on the Regulation of Antarctic Mineral Resource Activities was successfully con cluded. With this Treaty (which was opened for signature from November 25, 1988 to November 25, 1989) another important dimension is added to the 2 Antarctic legal system * This system, so far, comprises the Antarctic Treat 3, y the Convention on the Conservation of Antarctic Seals4, the Convention on the Conservation of Antarctic Marine Living Resources (hereinafter 6 CCAMLR)5 and the Recommendations issued by the Antarctic Treaty Con sultative Meetings. The Convention will enter into force (Art. 62) on the 1 The negotiations have been analyzed by Christopher C. joyner, The Antarctic Minerals Negotiating Process, AJIL 81 (1987),888-905; Arthur Watts, Lessons to be Learned from the Mineral Resources Negotiations, in: Rudiger Wolfrum (ed. ), Antarctic Challenge III (Berlin 1988), 319-331, and R. Tucker Sculfy, The Antarctic Mineral Resource Negotiations: A Report, in: Thomas A. Clingan, Jr. (ed. ), The Law of the Sea: What Lies Ahead, Proceedings of the 20th Annual Conference of the Law of the Sea Institute (Honolulu 1986), 386-403. 2 This term is used in Art. 2 para. 1; as to the development of the Antarctic Treaty system see Finn Sollie, The Development of the Antarctic Treaty System, in: Rudiger Wolfrum (ed. ), Antarctic Challenge (Berlin 1984), 17-37, and R.

This volume contains the papers submitted to the interdisciplinary symposium Enforcing Environmental Standards: Economic Mechanisms as Viable Means? organized by the Max Planck Institute for Comparative Public Law and International Law. The symposium centered around the necessity to introduce into international law, characterized by a lack of central enforcement mechanisms, new mechanisms to enforce international standards for the protection of the environment. Modern international environmental law has established several economic mechanisms to inforce international standards for the protection of the environment, ranging from trade restrictions through economic incentives to an economically induced interstate cooperation. These mechanisms have been assessed by lawyers and economists with regard to their productivity.

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.

This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006.

The articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed.

The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.

The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http: //www.germanlawjournal.com). We would like to express our sincere gratitude to the journal's editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

In 2007, the International Max Planck Research School for Maritime Affairs and the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in the field of maritime affairs. The present volume collects seven of the lectures held in 2007 and 2008 by Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Rosaeg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch.

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006.

The authors are senior and junior research fellows at German universities and research centres. Their articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed.

The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

Since the cloning of human beings has become technically conceivable, a controversial ethical and legal debate on the desirability and admissibility of human cloning has evolved. The issue touches questions from different disciplines, such as biology, philosophy, theology and law. This book, although mainly focusing on the legal problems, therefore tries to find an interdisciplinary approach to this controversial subject. It contains contributions from philosophers, theologians, and a biochemist, as well as from national and international lawyers. In the first part, a philosophical and theological outline is presented by scholars considering the topic from different cultural and religious (Christian, Muslim, Buddhist and Jewish)viewpoints. Subsequently, the biological foundations are explained by leading scholars in this field. The final two parts are dedicated to the legal questions, considering first the situation under German constitutional law and then on the international plane. In the comprehensive Annex, the most relevant documents for the International (in particular from the UN), European and German legal systems are presented.

Das Buch analysiert rechtsvergleichend die Anwendung des Gleichheitssatzes und des Diskriminierungsverbots in ausgewahlten nationalen Rechtsordnungen (USA, Frankreich, Deutschland, Israel, Sudafrika) und im internationalen Menschenrechtsschutz (EG/EU, EMRK, Interamerikanischer Menschenrechtsschutz, Afrikanischer Menschenrechtsschutz, Menschenrechtsschutz im Rahmen der Vereinten Nationen, Rassendiskriminierungsverbot, Minderheitenschutz). Es enthalt zudem Beitrage zu Querschnittsthemen (Verhaltnis von Gleichheit und Nichtdiskriminierung, Bedeutung des Gleichheitssatzes fur die verfassungsgerichtliche Kontrolle von Gesetzen, Universalitat der Menschenrechte). Damit werden - uberwiegend aus der Feder von mit den Fragen befassten Praktikern - besondere Probleme bei der Rechtsanwendung dargestellt und aktuelle Entwicklungslinien bei ihrer Losung aufgezeigt. "

This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.

This volume presents a high-level scholarly discussion on whether the concept of solidarity functions as a structural principle of international law and to what extent it has become a full-fledged legal principle. Each contributor addresses these questions by examining normative operations of the principle of solidarity in different branches of international law including international disaster law, international humanitarian law, the law of development cooperation and international environmental law as well as the relationship between the principle of solidarity and other legal principles such as the responsibility to protect and intergenerational equity.