Justice in International Law

by Schwebel, Stephen M.

• ISBN13: 9781107005372
• ISBN10: 110700537X
• Format: Hardcover
• Copyright: 2011-06-30
• Publisher: Cambridge Univ Pr

Summary

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

Table of Contents

International Court of Justice

Reflections on international adjudication

The impact of the International Court of Justice

The politics of adjudication

National judges and judges ad hoc of the International Court of Justice

The roles of the Security Council and the International Court of Justice in the application of international humanitarian law

The interactive influence of the International Court of Justice and the International Law Commission

A site visit of the Court

The proliferation of international tribunals: threat or promise?

The Gulf of Maine Maritime Boundary Delimitation: Constitution of the Chamber

The judgment of the International Court of Justice in the case concerning the Gabcikivo-Nagymaros project

Gorbachev embraces compulsory jurisdiction

International Arbitration

A BIT about ICSID

The influence of bilateral investment treaties on customary international law

The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law

The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law

Anti-suit injunctions in international arbitration: an overview

The law applicable in international arbitration: public international law

The validity of an arbitral award rendered by a truncated tribunal

The authority of a truncated tribunal

Injunction of arbitral proceedings and truncation of the tribunal

Public policy and arbitral procedure

The creation and operation of an International Court of arbitral awards

The kingdom of Saudi Arabia and Aramco litigate the Onassis Agreement

The Southern Bluefin Tuna case

Does the consent of the contracting parties govern the requirement of an 'investment' as specified in Article 25 of the ICSID Convention?

Miscellaneous

May preparatory work be used to correct rather than to confirm the 'clear' meaning of a treaty provision?

Clean hands, principle

Compound interest in international law

The prescience and pertinence of the ILO

Is mediation of foreign investment disputes plausible?

Hersch Lauterpacht: fragments for a portrait

The collected papers of Hersch Lauterpacht

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