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Two major factors brought about the establishment of the
Netherlands Yearbook of International Law in 1970: demand for the
publication of national practice in international law, and the
desirability for legal practitioners, state representatives and
international lawyers to have access to the growing amount of
available data, in the form of articles, notes etc. The
documentation section of the NYIL contains an extensive review of
Dutch state practice from the parliamentary year prior to
publication, an account of developments relating to treaties and
other international agreements to which the Netherlands is a party,
summaries of Netherlands judicial decisions involving questions of
public international law (many of which are not published
elsewhere), lists of Dutch publications in the field and extracts
from relevant municipal legislation. Although the NYIL has a
distinctive national character, it is published in English and the
editors do not adhere to any geographical limitations when deciding
upon the inclusion of articles.
With the rising relevance of international organizations in
international affairs, and the general turn to litigation to settle
disputes, international institutional law issues have increasingly
become the subject of litigation, before both international and
domestic courts. The judicial treatment of this field of
international law is addressed in Judicial Decisions on the Law of
International Organizations through commentary on excerpts of the
most prominent international and domestic judicial decisions that
are relevant to the law of international organizations, providing
in-depth analysis of judicial decisions. The commentaries written
and edited by leading experts in the field of international
institutional law, they are opinionated and critically engage with
the decision in question, with commentators' and stakeholders'
reactions thereto, and with later decisions, codifications, and
reports.
Globalisation and international governance constantly pose
challenges to international law. This constant challenge can only
be understood if one keeps in mind that globalisation and
international governance are not simple and linear developments,
but rather complex and contradictory processes. The emergence of
several overlapping and competing normative orders characterized in
terms of 'new medievalism' and 'legal pluralism' - has given
impetus to some age-old debates in international law: What is the
role of the 'international community'? What is the proper function
and meaning of state sovereignty in international law? What are the
powers of international organizations in relation to the
overlapping legal orders of their member states? At a more
practical level, the problem of 'legal pluralism' is discussed in
the context of the proliferation of international tribunals: how
does this affects the unity and coherence of international law and
what should be the proper role of lawyers in dealing with competing
norms and competences? Finally, the complex and contradictory
nature of international governance is illustrated by the role of
international non-governmental organizations in different periods
and areas, such as criminal law, environmental law and
cyberspace.
This book discusses the above-mentioned topics from a
multidisciplinary perspective. It combines insights from
international relations theory, legal theory and international law
in an attempt to clarify some issues of globalisation,
international governance and international law.
The contributions included in this book, all written by renowned
scholars, examine some of the long-standing fundamental issues of
international law. The main part concerns the question: how is
international law made and applied? A highly original, systematic
assessment of the formation of customary international law by
Herman Meijers - now for the first time published in English -
provides an answer to this question. Two other long-standing
fundamental issues are examined. Firstly, the plausibility of the
hypothesis that international law is complete on the basis of the
existence of a so-called 'closing rule'. Secondly, a study of the
principle of the genuine link in the modern law of the sea
demonstrates that its livelihood is so limited that a post mortem
is justified. The volume is concluded by a discussion on a
paradoxical aspect of the law of treaties, namely regarding the
right of the parties to terminate their agreements.
With the rising relevance of international organizations in
international affairs, and the general turn to litigation to settle
disputes, international institutional law issues have increasingly
become the subject of litigation, before both international and
domestic courts. The judicial treatment of this field of
international law is addressed in Judicial Decisions on the Law of
International Organizations through commentary on excerpts of the
most prominent international and domestic judicial decisions that
are relevant to the law of international organizations, providing
in-depth analysis of judicial decisions. The commentaries written
and edited by leading experts in the field of international
institutional law, they are opinionated and critically engage with
the decision in question, with commentators' and stakeholders'
reactions thereto, and with later decisions, codifications, and
reports.
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