Recueil Des Cours, Collected Courses, Tome/Volume 361

ISBN-13: 9789004255524 / Angielski / Twarda / 2013 / 488 str.

Academie de Droit International de La Ha

Opis

The Common Heritage of Mankind: Then and Now by M. C . W. Pinto. The course first presents an outline of the origins and development of the idea that territory and resources not subject to State jurisdiction could be internationally recognized as the "common heritage of mankind". It then proceeds to describe how some 160 countries represented at the Third United Nations Conference on the Law of the Sea (1974-1982) negotiated agreement on a regime to govern the seabed and ocean floor beyond the limits of national jurisdiction as the "common heritage of mankind", and on the establishment of three international institutions to maintain and administer that regime. Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements by Richard Kreindler. Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties' conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.