The Netherlands in Court
The Netherlands in Court

Author: Niels M. Blokker

Publisher: BRILL

Published: 2007-04-30

Total Pages: 277

ISBN-13: 9047418697

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The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings. This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.

The World Court Reference Guide
The World Court Reference Guide

Author: Bimal N. Patel

Publisher: BRILL

Published: 2021-10-01

Total Pages: 950

ISBN-13: 9004481230

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A single-volume comprehensive overview of procedural aspects of the jurisprudence of the World Court, this work offers: - Statements of initial claims, counter-claims of the contentious cases and questions submitted for the advisory opinions; - Summarised details of all orders, the duration of the oral and written proceedings and coverage of requests for extension of time-limits; - Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, composition of the Court and declarations and opinions of its Members; - Systematic reference on legal instruments such as the Covenant of the League of Nations, the UN Charter, the PCIJ and ICJ Statutes, the Rules of Court, the Arbitral Awards, PCIJ and ICJ case-law, Treaties and inter(national) legal sources; - Coverage of information on litigation teams (agents, counsels, advocates, experts, advisers, etc.); - Indexes containing all versions of the PCIJ and the ICJ Rules of Court, League Covenant, UN Charter, Arbitral Awards, PCIJ and ICJ case-law and Treaties. - The Guide will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. "I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement. There is also a practical side to this, in light of the Court's wish, in Practice Directions VII and VIII, to introduce different `cooling off periods' for different personalities connected with the Court's judicial work. [...] For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited." - From the Introduction by Shabtai Rosenne

Litigation at the International Court of Justice
Litigation at the International Court of Justice

Author: Juan José Quintana

Publisher: BRILL

Published: 2015-05-19

Total Pages: 1364

ISBN-13: 9004297510

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Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

International Law Concerning Child Civilians in Armed Conflict
International Law Concerning Child Civilians in Armed Conflict

Author: Jenny Kuper

Publisher: Oxford University Press

Published: 1997

Total Pages: 324

ISBN-13: 9780198264859

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Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

International Law in Historical Perspective
International Law in Historical Perspective

Author: J.P.S. Offerhaus

Publisher: BRILL

Published: 2023-11-27

Total Pages: 405

ISBN-13: 9004632352

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This volume completes the monumental, eleven-volume series, International Law in Historical Perspective, which was published over a period of 24 years by Professor J.H.W. Verzijl (and continued after his death in 1987 by W.P. Heere and J.P.S. Offerhaus). This index volume provides insight into the series both for the uninitiated and initiated, enabling the user to access all 11 volumes (spanning a total of 6500 printed pages) quickly and easily. It contains a subject index, an index of personal names, of geographical names, of ships' names, a list of treaties, a list of international judgements and a list of international arbitrations. A list of Professor Verzijl's commentaries on the more recent jurisprudence of the International Court of Justice completes the volume.

The Impact of the European Convention on Human Rights on Private International Law
The Impact of the European Convention on Human Rights on Private International Law

Author: Louwrens R. Kiestra

Publisher: Springer

Published: 2014-09-11

Total Pages: 335

ISBN-13: 9462650322

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

The World Court Reference Guide and Case-Law Digest
The World Court Reference Guide and Case-Law Digest

Author: Bimal Patel

Publisher: Martinus Nijhoff Publishers

Published: 2014-04-10

Total Pages: 1194

ISBN-13: 9004261893

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This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: “Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."

Regulatory Freedom and Indirect Expropriation in Investment Arbitration
Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Author: Aniruddha Rajput

Publisher: Kluwer Law International B.V.

Published: 2018-12-20

Total Pages: 283

ISBN-13: 9403506253

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Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.