Justice in International Law: Selected Writings

ISBN-13: 9780521462846 / Angielski / Twarda / 1994 / 648 str.

Stephen M. Schwebel;Schwebel

Opis

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.

Recenzje

Review of the hardback: 'For young international lawyers, who may not be familiar with his earlier works, this book is certainly a must.' International and Comparative Law Quarterly

Spis treści

Part I. INTERNATIONAL COURT OF JUSTICE: 1. Reflections on the role of the International Court of Justice; 2. Relations between the International Court of Justice and the United Nations; 3. Was the capacity to request an advisory opinion wider in the permanent Court of International Justice than it is in the International Justice?; 4. Authorising the Secretary-General of the United Nations to request advisory opinions of the International Court of Justice; 5. Preliminary rulings by the International Court of Justice at the instance of national courts; 6. Chambers of the International Court of Justice formed for particular cases; 7. Three cases of fact-finding by the International Court of Justice; 8. Indirect aggression in the International Court; 9. Human Rights in the World Court; Part II. INTERNATIONAL ARBITRATION: 10. Arbitration and the exhaustion of local remedies; 11. Arbitration and the exhaustion of local remedies revisited; 12. Some aspects of international law in arbitration between states and aliens; 13. The majority vote of an international arbitral tribunal; 14. The prospects for international arbitration: inter-state disputes; Part III. UNITED NATIONS: 15. The origins and development of Article 99 of the Charter; 16. The international character of the Secretariat of the United Nations; 17. Secretary-General and Secretariat; 18. A United Nations 'guard' and a United Nations 'legion'; 19. Mini-states and a more effective United Nations; 20. Article 19 of the Charter of the United Nations: Memorandum of Law; 21. The United States assaults the ILO; 22. Goldberg variations; Part IV. INTERNATIONAL CONTRACTS AND EXPROPRIATION: 23. Report of the Committee on Nationalisation of Property of the American branch of the International Law Association; 24. The story of the United Nations Declaration on Permanent Sovereignty over Natural Resources; 25. Speculations on specific performance of a contract between a state and a foreign national; 26. On whether the breach by a state of a contract with an alien is a breach of international law; 27. Some little-known cases on concessions; 28. Commentary on 'Social discipline and the multinational enterprise' and 'security of investment abroad'; Part V. AGGRESSION UNDER, COMPLIANCE WITH, AND DEVELOPMENT OF INTERNATIONAL LAW: 29. The legal effect of resolutions and codes of conduct of the United Nations; 30. The United Nations and the challenge of a changing international law; 31. What weight to conquest; 32. The Brezhnev Doctrine repealed and peaceful co-existence enacted; 33. Aggression, intervention and self-defense in modern international law; 34. Address and commentary; 35. The compliance process and the future of international law; 36. Government legal advising in the field of foreign affairs.