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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.
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.
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.
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.
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.
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.
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