Justice in International Law: Further Selected Writings

Description

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. Title Copyright Dedication Contents Part I International Court of Justice 1 Reflections on international adjudication 2 The impact of the International Court of Justice 3 The politics of adjudication 4 National judges and judges ad hoc of the International Court of Justice 5 The roles of the Security Council and the International Court of Justice in the application of international humanitarian law Judgments and Advisory Opinions of the Court The Corfu Channel case Reservations to the Genocide Convention Pakistani prisoners of war Cases between the United States and Iran Military and Paramilitary Activities in and against Nicaragua Application of the Convention on the Prevention and Punishment of the Crime of Genocide Decisions – and indecisions – of the Security Council The Palestine question Secession of Bangladesh Hostilities between Iraq and Iran Invasion of Kuwait Situation in Somalia Yugoslavia 6 The inter-active influence of the International Court of Justice and the International Law Commission Introduction Influence of the International Court of Justice on the work of the International Law Commission Influence of the International Law Commission on the work of the International Court of Justice Law of treaties Law of the sea State responsibility State succession Law of the non-navigable uses of international watercourses Conclusion 7 A site visit of the World Court 8 The proliferation of international tribunals: threat or promise? 9 The Gulf of Maine maritime boundary delimitation: the constitution of the chamber 10 The judgment of the International Court of Justice in the case concerning the Gabcíkovo-Nagymaros Project (Hungary/Slovaki Background of the case Application to the ICJ First question: state of necessity Second question: provisional solution Third question: notification of termination Legal consequences of the Court’s findings Conclusion 11 Gorbachev embraces compulsory jurisdiction Part II International arbitration 12 A BIt about ICSID 13 The influence of bilateral investment treaties on customary international law 14 The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law 15 The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law 16 Anti-suit injunctions in international arbitration: an overview Violation of the New York Convention Breach of other treaty provisions for arbitration Denial of justice Arbitrary or tortious confiscation of an alien’s contractual right General principles of contract law General principles of international arbitration 17 The law applicable in international arbitration: application of public international law Introduction International law as the lex arbitri International law as the proper law Causes of action in international law 18 The validity of an arbitral award rendered by a truncated tribunal Iran–United States Claims Tribunal Ivan Milutinovic PIM v. Deutsche Babcock AG The ICCA Survey Recently adopted rules 19 The authority of a truncated tribunal 20 Injunction of arbitral proceedings and truncation of the tribunal 21 Public policy and arbitral procedure Introduction Appointment and incompatibilities of arbitrators Conduct of the arbitral proceedings Fair notice Time limits Handling of evidence Bankruptcy The award Manifest disregard of law Lack of reasons in award Form of award Conclusion 22 The creation and operation of an International Court of Arbitral Awards 23 The Kingdom of Saudi Arabia and Aramco arbitrate the Onassis Agreement 24 The Southern Bluefin Tuna case 25 A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 26 Does the consent of the Contracting Parties govern the requirement of an “investment” as specified in Article 25 of the ICS Convention? Part III Miscellaneous 27 May preparatory work be used to correct rather than confirm the “clear” meaning of a treaty provision? 28 Clean hands, principle Select bibliography Select documents 29 Compound interest in international law Compound interest pre-Arangio-Ruiz Compound interest as proposed by Arangio-Ruiz The modern award of compound interest Conclusion 30 The prescience and pertinence of the ILO The innovative leadership of the Directors-General The mobilization of shame 31 Is mediation of foreign investment disputes plausible? 32 Hersch Lauterpacht: fragments for a portrait 33 International Law: Being the Collected Papers of Hersch Lauterpacht Collected publications, judicial opinions and book reviews Index