Self-Defense Against the Use of Force in International Law: with a Foreword by Louis B. Sohn
In: Developments in International Law 23
In: International Law - Book Archive pre-2000
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In: Developments in International Law 23
In: International Law - Book Archive pre-2000
In: International Law - Book Archive pre-2000
In: Legal Aspects of International Organizations 19
This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction
In: American journal of international law: AJIL, Band 109, Heft 3, S. 702-707
ISSN: 2161-7953
In: Proceedings of the annual meeting / American Society of International Law, Band 105, S. 194-196
ISSN: 2169-1118
In: European journal of international law, Band 15, Heft 3, S. 608-610
ISSN: 0938-5428
In: International legal materials: ILM, Band 42, Heft 6, S. 1285-1333
ISSN: 1930-6571
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 30, Heft 2, S. 258-259
ISSN: 0506-7286
In: Developments in international law 23
In: Archiv des Völkerrechts: AVR, Band 35, Heft 4, S. 510
ISSN: 0003-892X
In: American journal of international law, Band 90, Heft 4, S. 699
ISSN: 0002-9300
In: The Political Economy of International Trade Law, S. 646-666
In: Proceedings of the annual meeting / American Society of International Law, Band 107, S. 1-1
ISSN: 2169-1118
During the Cold War, international relations and international law were deeply shaped by the struggle for global dominance between the United States and the Soviet Union. The clashes between the superpowers reverberated in legal issues relating to the functioning of the United Nations, the use of force, nuclear nonproliferation, human rights, etc. The many newly independent states, caught in the middle, repeatedly made claims for reform and initiated rule-making initiatives, but with limited results. After the end of the Cold War, the United States, its Western allies, and their shared economic and geopolitical interests remained largely unchallenged in the international arena.
This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
In: Proceedings of the annual meeting / American Society of International Law, Band 105, S. 196-214
ISSN: 2169-1118