Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.

Judge Stephen M. Schwebel has been a highly-respected member of the International Court of Justice since 1981. This volume brings together thirty-six of his legal articles and commentaries of continuing interest. He examines the performance and capacity of the International Court of Justice; aspects of international arbitration; problems of the United Nations; questions of international contracts and taking foreign property interests; and the development of international law, and in particular the central problem of the unlawful use of force.

Since 1947 Stephen M. Schwebel has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume republishes 36 of his legal articles and commentaries of continuing interest. The first Part treats aspects of the capacity and performance of the International Court of Justice. The second addresses aspects of international arbitration. The third examines problems of the United Nations, especially of the authority of the Secretary-General, the character of the Secretariat, and financial apportionment. The fourth deals with questions of international contracts and taking of foreign property interests. The fifth discusses diverse aspects of the development of international law and particularly considers the central problem of international law, the unlawful use of force. This collection does not include Judge Schwebel's judicial opinions, nor (with one exception) papers written in his former official capacities as a legal officer of the US Department of State or as a special rapporteur of the International Law Commission of the United Nations. Together with his unofficial writings, his judicial opinions as of July 1993 are cataloged in the list of publications with which this volume concludes.

This book celebrates the scholarship of Richard Baxter, former Judge of the International Court of Justice and former Professor of International Law at Harvard Law School. The volume brings together Professor Baxter's writings on the laws of war, on which he was one of the most influential scholars of the twentieth century. The collection of essays contained in this book once again makes his exceptional writings available to scholars and students in the field. His work remains timely and relevant to today's issues, and offers many analyses which have been borne out in subsequent years. It includes, amongst many wide-ranging topics within the laws of war, Baxter's studies of the Geneva Conventions, human rights in times of war, and the legal problems of international military command. Featuring a new introduction by Professor Detlev Vagts exploring the importance of Baxter's writings, and a Biographical Note by Judge Stephen Schwebel assessing Baxter's life, this book is essential reading for scholars and students of international humanitarian law.

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

This volume deals with legal issues concerning Russias annexation of Crimea and intervention in the Donbas, so-called frozen conflicts and hybrid warfare, the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear non-proliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three --Ukraine and other successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four -- Intervention and International Law; Part Five -- Legal Proceedings and Unlawful Claims; and Part Six -- Non-Proliferation after Budapest.

The region that once comprised the Soviet Union has been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russias forcible annexation of Crimea and intervention in Ukraines Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold Wars duration and gained new relevance when the Baltic States re-emerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear non-proliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises -- or tests of the resiliency of modern international law.

This volume deals with legal issues concerning Russias annexation of Crimea and intervention in the Donbas, so-called frozen conflicts and hybrid warfare, the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected to nuclear non-proliferation. Continuing from the first volume, which contains Parts One and Two on Chechnya and the Baltic States, this book is comprised of Part Three --Ukraine and other successor States: Territorial Integrity and its Challengers in the Post-Soviet Space; Part Four -- Intervention and International Law; Part Five -- Legal Proceedings and Unlawful Claims; and Part Six -- Non-Proliferation after Budapest.

The region that once comprised the Soviet Union has been the scene of crises with serious implications for international law. Some of these, like the separatist conflict in Chechnya, date to the time of the dissolution of the USSR. Others, like Russias forcible annexation of Crimea and intervention in Ukraines Donbas, erupted years later. The seizure of Estonia, Latvia, and Lithuania, which took place long before, would trouble Soviet-western relations for the Cold Wars duration and gained new relevance when the Baltic States re-emerged in the 1990s. The fate of Ukraine notwithstanding, the Budapest Memorandum of 1994 complicates future efforts at nuclear non-proliferation. Legal proceedings in connection with events in the post-Soviet space brought before the International Court of Justice and under investment treaties or the UN Convention on the Law of the Sea may be steps toward the resolution of recent crises -- or tests of the resiliency of modern international law.