This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a subsidiary means for the determination of rules of law . However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Providing a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.

In recent years several states have established specially-protected marine areas under their domestic legislation, whilst internationally the trend towards providing an increased protection to certain marine spaces has been reflected in a number of treaties and declarations. This volume reviews recent developments in the field of specially-protected marine areas and preservation of the marine environment in general. It devotes special attention to the Mediterranean area, because the regional framework for the protection of the environment in the Mediterranean (the so-called Barcelona system) has recently been updated and strengthened, and also because the Mediterranean is a typical example of the category of semi-enclosed seas requiring international co-operation in various fields between the bordering states. The scope of the book encompasses fisheries, a field which is closely connected to the sustainable development of marine areas.

As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science) domestic law remains deeply divided over the best approach to take. This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a selected group of international scholars and experts from international organizations, the book addresses 1) the international status of genetic resources, both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica; 2) the relevance of environmental principles in the governance of modern biotechnologies; 3) the impact of biotechnologies on trade rules, including intellectual property law; 4) the human rights implications, especially in the field of human genetics; and 5) the intersection between general international law and regional systems, especially those developed in Europe and Latin America. The overall objective of the book is to provide an up-to-date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come.