The Role of Legal Advisers in International Law

ISBN-13: 9789004280298 / Angielski / Twarda / 2016 / 408 str.

Andra Zidar; Jean-Pierre Gauci

Opis

The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law. Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions - in various forms - to the development and strengthening of the international legal system. Please also see the following related titles: - British Influences on International Law, 1915-2015 (isbn 9789004284166) - British Contributions to International Law, 1915-2015 (isbn 9789004284180)

Recenzje

"The essays collected in The Role of Legal Advisers in International Law provide a rich store of information and analysis regarding some of the most important practitioners of international law. The book is a significant and useful contribution to the literature on the subject." John R. Crook, American Journal of International Law , Volume 112, Issue 3, July 2018, pp. 528-533 .

Spis treści

About BIICL; Preface by Dame Rosalyn Higgins; Authors' Biographies;
1 Zidar and Gauci Introduction: Legal Advisers as the Visible College of International Lawyers
Part 1: United Kingdom
2 Anderson: The Functions of the Legal Adviser: Advising, Negotiating, Litigating
3 Macleod: The FCO's Legal Advisers and Contemporary Challenges
4 Gladstone: The Legal Adviser and International Disputes: Preparing to Commence or Defend Litigation or Arbitration
Part 2: Comparative perspectives
5 Wood: Legal Advisers
6 Kingston: Organisation and Context for the Work of the Legal Adviser: The Legal Division of the Department of Foreign Affairs and Trade of Ireland
7 Gutiérrez Ruiz: The Experience of Legal Advisers in Costa Rica: A Case for Peaceful International Law
8 McCosker: The Intersecting Professions of the International Law Adviser and Diplomat in a Rising Asia: Australia, India and Malaysia
9 Kita: The Legal Advice System of the Ministry of Foreign Affairs of JAPAN: Between Legal Advisers and Foreign Policy Makers
10 Valek: The Different Roles of the Czech Legal Adviser: From a Watchdog to a Headhunter
Part 3: Personal reflections
11 Tladi: Reflection on Advising the South African Government on International Law
12 Alabrune: The Case of the Legal Advisor to the French Ministry of Foreign Affairs
13 Rohnquist: The Role of Legal Advisers in International Law: The Swedish Experience
14 Corell: Personal Reflections on the Role of the Legal Adviser: Between Law and Politics, Authority and Influence
Part 4: Functional developments
15 Gussetti: Legal Advisers and the European Union: A new Perspective to Cooperation in International Law
16 Hill: The Role of NATO's Legal Adviser
17 Hughes: The Role of the Legal Adviser in the World Trade Organization
18 Quayle: Legal Advisers and International Organisations: The Convergence of Interior and Exterior Legal Obligations
Part 5: Professional requirements
19 Purdasy: The Competency-based Legal Adviser
20 Koh: The Legal Adviser's Duty to Explain
21 Zidar: Legal Advisers and Professional Ethics
Part 6: Evolving fields
22 Koskenniemi: The Place of Law and the Role of Legal Advisers in Collective Security
23 Kuhn & Berger: Legal Advisers in the Armed Forces
24 Donatantonio: The Monitoring, Mentoring and Advising Role Exercised by International or Rule of Law Missions in the Prosecutorial Area
Concluding part
25 Gauci&Jones: Conference Report
26 Berman: Conclusion
Index.

O autorze

Dr Andraz Zidar is Visiting Researcher at the University of Bologna. Previously, he was the Programme Director of the European Master's Degree in Human Rights and Democratization in Venice, the Dorset Senior Research Fellow in Public International Law at BIICL and Legal Adviser at the Slovenian Ministry of Foreign Affairs. Dr Jean-Pierre Gauci is a Research Fellow in Public International Law at BIICL and the Director of The People for Change Foundation.