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9780521852531

Law in the Service of Human Dignity: Essays in Honour of Florentino Feliciano

by
  • ISBN13:

    9780521852531

  • ISBN10:

    0521852536

  • Format: Hardcover
  • Copyright: 2005-12-12
  • Publisher: Cambridge University Press

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Summary

The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.

Table of Contents

List of contributors
x
Preface xv
Biographical note xix
List of abbreviations
xxi
PART I Reflections on the contributions of Florentino Feliciano to international law
1(26)
A judge's judge: Justice Florentino P. Feliciano's philosophy of the judicial function
3(8)
W. Michael Reisman
The benign first mate
11(3)
Rosalyn Higgins
The Aristotelian
14(8)
James Bacchus
Trade and economic justice according to law
22(5)
Julio A. Lacarte
PART II Insights into the World Trade Organization
27(212)
Justice Feliciano and the WTO environmental cases: laying the foundations of a `constitutional jurisprudence' with implications for developing countries
29(15)
John H. Jackson
International trade law, human rights and theories of justice
44(14)
Ernst-Ulrich Petersmann
Developing countries and the international trading system
58(18)
Said El-Naggar
North-South issues of foreign direct investments in the WTO: is there a middle-of-the-road approach?
76(14)
Mitsuo Matsushita
The participation of developing countries in WTO dispute settlement and the role of the Advisory Centre on WTO Law
90(13)
Leo Palma
Reform of the WTO dispute settlement system: what to expect from the Doha Development Round?
103(24)
Peter Van Den Bossche
Interpretation and Application of WTO Rules: Florentino Feliciano and the First Seven
127(9)
Luiz Olavo Baptista
Dispute settlement in the WTO: on the trail of a court
136(23)
Helene Ruiz Fabri
A proposal to introduce an Advocate General's position into WTO dispute settlement
159(22)
A. L. C. De Mestral
M. Auerbach-Ziogas
Arbitration at the WTO: a terra incognita to be further explored
181(21)
Laurence Boisson De Chazournes
The challenges to the legitimacy of the WTO
202(20)
Debra P. Steger
The World Trade Organization after Cancun
222(17)
Guiguo Wang
PART III The changing landscape of investment arbitration
239(60)
The reshaping of the international law of foreign investment by concordant Bilateral Investment Treaties
241(5)
Stephen M. Schwebel
ICSID arbitration and the state's increasingly remote consent: apropos the Maffezini case
246(15)
Brigitte Stern
The notion of investment in recent practice
261(15)
Rudolf Dolzer
Arbitration of investment disputes under Uncitral Rules and the choice of applicable law
276(23)
Giorgio Sacerdoti
PART IV New challenges in international adjudication
299(110)
From Preston to Prescott: globalizing legitimate expectation
301(12)
Francisco Orrego Vicuna
The independence of the international judiciary: some introductory thoughts
313(10)
Philippe Sands
`Straddling and highly migratory flags' before the International Tribunal for the Law of the Sea
323(13)
Tullio Treves
Collective security and the personalization of peace
336(14)
Charlotte Ku
Some thoughts on `Asian' approaches to international dispute resolution
350(28)
M. C. W. Pinto
The Cameroon v. Nigeria; Equatorial Guinea Intervening (Land and Maritime Boundary) Judgment
378(31)
Barbara Kwiatkowska
Bibliography of works by Florentino Feliciano 409(3)
Index 412

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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