The Changing World of International Law in the Twenty-First Century

by Simmonds, Kenneth R.; Norton, Joseph Jude; Andenas, Mads; Footer, Mary

• ISBN13: 9789041106322
• ISBN10: 9041106324
• Format: Hardcover
• Copyright: 1998-07-01
• Publisher: Kluwer Law Intl

Summary

The Changing Nature of International Law in the Twenty-First Century draws together contributions of leading international legal scholars respecting major themes of the future of international law in the new century. The papers have been collected in honour of the late Professor Kenneth R. Simmonds, former Director of the British Institute of International and Comparative Law and Professor of Law at Queen Mary & Westfield College, University of London. The book is divided into three parts: Public International Law, International Dispute Resolution, and European and Other Regional Integration, which constitute the important themes and currents in international law today and in the future. The sections also represent the areas that were of personal interest to Professor Simmonds and in which he was a leading contributor until his death. This book will be of prime interest to international legal scholars or legal practitioners interested in the specific themes addressed within the volume.

Table of Contents

Foreword
The Right Honourable The Lord Slynn of Hadley
Memorial Tribute to Professor Kenneth Simmonds
Professor Roy M. Goode
About the Contributors
Part I. Public International Law	1	(96)
Chapter One The Challenges of Applying UNCLOS in a Post UNCED Context	3	(42)
Patricia Birnie
1. Introduction: Effect of the UNCHE on the UNCLOS Negotiations	4	(7)
2. Some Environmental and Developmental Provisions of the UNCLOS 1982	11	(17)
3. Strategies and Events Leading to the UNCED	28	(4)
4. The UNCED Outcomes	32	(9)
5. Conclusion	41	(4)
Chapter Two The Role of Non-Governmental Organisations in Standard Setting, Monitoring and Implementation of Human Rights	45	(22)
Christine Chinkin
1. Introduction	45	(2)
2. Legal Position of Non-Governmental Organisations	47	(4)
3. NGOs and the Formation of Human Rights Law	51	(14)
4. Limits on the Role of Non-Governmental Organisations	65	(2)
Chapter Three The IMF's Article VIII, Section 2(b) and Scrupulosity	67	(30)
Joseph Gold
1. The Problem	67	(2)
2. New Evidence	69	(8)
3. German cases	77	(12)
4. Consequences	89	(8)
Part II. International Dispute Settlement	97	(140)
Chapter Four The International Tribunal for the Law of the Sea and the Settlement of Disputes	99	(36)
A.E. Boyle
1. Introduction	100	(2)
2. Evolution of Compulsory Adjudication in the Law of the Sea	102	(5)
3. The UNCLOS Dispute Settlement Scheme	107	(7)
4. The International Tribunal for the Law of the Sea	114	(8)
5. Seabed Disputes	122	(9)
6. Conclusions: The Significance of ITLOS	131	(4)
Chapter Five The Shareholder's Derivative Action in the English Conflict of Laws	135	(20)
A.J. Boyle
1. Introduction	135	(3)
2. Classification	138	(3)
3. Jurisdiction in Derivative Litigation	141	(12)
4. Choice of Law in Derivative Proceedings	153	(2)
Chapter Six Consent to ICSID Arbitration: New Developments	155	(24)
Georges R. Delaume
1. Introduction	156	(2)
2. Contractual Stipulations	158	(3)
3. National Investment Laws	161	(4)
4. Bilateral Investment Treaties	165	(4)
5. Multipartite Agreements	169	(3)
6. Concluding Remarks: Assessing the Implications of Changing Patterns of Consent	172	(7)
Chapter Seven Dispute Resolution under the North American Free Trade Agreement: A Framework to Avoid National Courts	179	(38)
Michael W. Gordon
1. Introduction	180	(1)
2. The CFTA and the NAFTA	181	(4)
3. The Dispute Settlement Provisions of the NAFTA	185	(11)
4. Establishing Dispute Resolution Entities	196	(12)
5. Private Dispute Settlement	208	(2)
6. Concluding Comments	210	(7)
Chapter Eight "Handcuffs" -Clauses in International Commercial Contracts: Basic Reflections on the Autonomy of the Parties to Choose the Proper Law for Their Contracts	217	(20)
Otto Sandrock
1. The Scope of the Analysis	218	(1)
2. Examples and Purposes of "Handcuffs" -Clauses	219	(4)
3. The Legal Nature of "Handcuffs" -Clauses	223	(1)
4. Nullity Resulting from the Public Policy Provisions of the Lex Fori	224	(5)
5. Nullity Resulting from a Violation of the Public Policy or the Mandatory Law Provisions of the Proper Law of Contract	229	(6)
6. Concluding Remarks	235	(2)
Part III. European and Other Regional Integration	237	(148)
Chapter Nine The Right to Provide Financial Services and the European Commission as Legislator	239	(20)
Mads Andenas
1. Introduction	239	(2)
2. Why Were Financial Services So Difficult?	241	(3)
3. Community Policies before the Liberalisation of Capital Movements	244	(3)
4. The Financial Institutions Directives	247	(1)
5. The Commission's Draft Communication on the General Good of 1995	248	(2)
6. The Commission's Communication on Pension Funds	250	(2)
7. What Is the Legal Effect of a Commission Communication, and Is It Reviewable?	252	(2)
8. France v. Commission	254	(3)
9. Commission Legislation as an Alternative Route	257	(2)
Chapter Ten The Reform of the Third Pillar of the Treaty on European Union	259	(14)
David O'Keeffe
1. Introduction	259	(1)
2. Intergovernmental Cooperation under Title VI	260	(1)
3. Intergovernmental Cooperation and the Community Method	261	(2)
4. The IGC and the Third Pillar: the limits to reform	263	(7)
5. Beyond the IGC	270	(3)
Chapter Eleven What Future for EU-ACP Trade in the 21st Century?	273	(44)
Mary Footer
1. Introduction	274	(2)
2. Background to EU Trading Relations with ACP countries	276	(13)
3. Fourth ACP-Lome Convention: Post Mid-Term Review	289	(6)
4. The EU's New Modularised Schemes for Graduated and Differential Integration	295	(6)
5. The Green Paper on Future EU-ACP Relations	301	(3)
6. Squaring the Circle: Consideration of Post-Lome Options	304	(10)
7. Summary and Conclusions	314	(3)
Chapter Twelve The Mexican Peso Crisis and the Future of Financial Integration in the Americas	317	(24)
Joseph J. Norton
1. A Personal Tribute to the Late Professor Kenneth R. Simmonds	318	(2)
2. Recent Efforts at Regional Integration in the Americas	320	(5)
3. The Mexican Peso Crisis	325	(2)
4. Implications of the Mexican Peso Crisis for Financial Regulation	327	(7)
5. The Mexican Peso Crisis and the Future of Regional Integration in the Americas	334	(4)
6. Concluding Observations	338	(3)
Chapter Thirteen Banking Integration in the European Community: The European Commission's Unfinished Agenda	341	(44)
Ross Cranston
Christos Hadjiemmanuil
1. Introduction	342	(2)
2. European Banking Law before the Single Market Programme	344	(4)
3. The Commission's 1992 Programme and the Banking Services	348	(4)
4. Implementing Legislation: Second Banking Directive and Harmonization of Prudential Standards	352	(9)
5. The Internal Banking Market and the Consumer	361	(7)
6. The Role and Operation of the Single License	368	(11)
7. The Commission's 1997 Communication and the Interpretation of the Second Banking Directive	379	(6)
Appendix: Tributes to Professor Simmonds	385
In Memoriam: Kenneth Royston Simmonds	387	(2)
David O'Keefe
Jan Winter
Professor Kenneth Simmonds--A Memoir	389	(4)
Norman S. Marsh
Tribute at the Memorial Service for Professor Kenneth R. Simmonds	393	(3)
Professor E. Lauterpacht
Comments at the Service of Thanksgiving for the Life of Kenneth R. Simmonds	396	(2)
Professor Roger D. Billings
Kenneth Simmonds	398	(5)
Jeremy Simmonds
Kenneth R. Simmonds	403
Brian Hill