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1-51 AV I^ R R' '
1-51 AV I^ r r' ' ■ * M. Charles Rousseau Président de l’Institut de Droit international 1979-1981 Institut de Droit international Annuaire, Vol. 59, Tome II Session de Dijon 1981 Délibérations de L'Institut en séances plénières Institute of International Law Yearbook, Vol. 59, Part II Session of Dijon 1981 Deliberations of the Institute during Plenary Meetings Institute of International Law Yearbook Vol. 59, Part II Session of Dijon 1981 Deliberations of the Institute during Plenary Meetings Justitia et Pace Editions A. PEDONE - 13, rue Soufflot - Paris Institut de Droit International Annuaire Vol. 59, Tome II Session de Dijon 1981 Délibérations de l’Institut en séances plénières Justitia et Pace Editions A. PEDONE - 13, rue Soufflot - Paris Adresses de l’Institut de Droit international .•< , Secrétariat : M. Nicolas Valticos, Mme Hans Wehbérg Secrétaire général, 3, place des Eaux-Vives 22, av. William-Favre CH-1207 Genève (Suisse) CH-1207 Genève (Suisse) Tél. (022) 36-26-20 . ;„ v Tél. (022) 36-07-72 Trésorerie : '< 1 C • -' J t, M. Frank Vischer, Mme René Lachenal Trésorier, 12, rue du Vieux-Moulin 22, Bäumleingasse CH-1213 Onex-Genève (Suisse) CH-4001 Bâle (Suisse) Tél. (022) 92-41-09 Tél. (061) 23-30-60 AU rights reserved. No part of this pubUcation may be translated into other languages, reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, microcopying, or by any information storage and retrieval system, without permission in writing from the publisher. © Copyright 1982 -
Rolv Ryssdal* President, and the Former Vice-President, Hermann Mosler Council of Europe
section Some Notable People3 in the Court’s History CHAPTER 7 Presidents of the Court Lord (Arnold Duncan) McNair (1885–1975) British • Barrister, law professor and international judge • Judge (1946–52) and President of the International Court of Justice (1952–5) • President (1959–65) and thereafter judge at the Court (1965–6) Lord McNair served as the first President of the Court. He was educated at Aldenham School and Gonville and Caius College, Cambridge, where he read law. From 1907 to 1908 he was Secretary of the Cambridge University Liberal Club, and in 1909 he was President of the Cambridge Union. After practising as a solicitor in London, he returned to Cambridge in 1912 to become a fellow of his old college, later becoming senior tutor. In 1917 he was called to the Bar, Gray’s Inn. He had taken an interest in international law from an early age, and in 1935 he was appointed Whewell Professor of International Law at Cambridge. However, he left this chair in 1937 to become Vice-Chancellor of Above: Lord (Arnold Duncan) McNair. Liverpool University. He remained at Liverpool until 1945, Opposite: Poster with some of the when he returned to Cambridge to take up the position of Convention’s keywords (2009). Professor of Comparative Law. The following year he was 106 The Conscience of Europe: 50 Years of the European Court of Human Rights Chapter 7: Presidents of the Court elected a judge of the International Court of Justice in The rights. He wanted above all to place human rights at the heart 1974 that France ratified the Convention, only two years Hague, a post he held until 1955, and he was also President of the European construction project then just beginning. -
Conversations with Professor Stroud Francis Charles (Toby) Milsom by Lesley Dingle and Daniel Bates Third Interview
Conversations with Professor Stroud Francis Charles (Toby) Milsom by Lesley Dingle1 and Daniel Bates2 Third Interview: Cambridge - 1976 to present Date: 20th November 2009 Between October and December 2009, Professor Milsom was interviewed four times at his home in Newnham to record his reminiscences of over sixty years of an illustrious academic career, the majority of which was spent in the Faculty of Law at Cambridge. The interviews were recorded, and the audio version is available on this website with this transcript of those recordings. The questions and topics are sequentially numbered in the three interviews for use in a database of citations made across the Eminent Scholars Archive to personalities mentioned therein. Interviewer: Lesley Dingle, her questions and topics are in bold type Professor Milsom’s answers are in normal type. Comments added by LD, in italics. All footnotes added by LD. 136. Professor Milsom, last time we covered your career from your time at New College Oxford, and when you were Professor of Legal History at the London School of Economics. That brought us to 1976 and now perhaps in this third interview we can deal with the time when you were Professor of Law at Cambridge from 1976 to 1990 and then we can deal with your activities when you retired. So you returned formally to Cambridge, after a 21 year absence, in 1976; can you recall the circumstances of this last major move in your academic career? The Chair was advertised. I didn’t apply because of the circumstances of my leaving twenty-one years earlier, so I wouldn’t have applied, but they actually approached me. -
Volume.1, Issue.1 AVE MARIA INTERNATIONAL LAW JOURNAL
AVE MARIA INTERNATIONAL LAW JOURNAL SYMPOSIUM: THE HOLY SEE: INTERNATIONAL PERSON AND SOVEREIGN ARTICLES The Holy See: International Person and Sovereign Robert John Araujo Foreign Sovereign Immunity and the Holy See Robert John Araujo The New Delicta Graviora Laws Davide Cito Le nuove norme sui delicta graviora Davide Cito The Holy See in Dialogue With the Jane Adolphe Committee on the Rights of the Child STUDENT NOTE The Truth Unraveled: Lowering Maternal Mortality Elise Kenny Inaugural Issue Volume 1 Fall 2011 Dedicated to Robert John Araujo, S.J. AVE MARIA INTERNATIONAL LAW JOURNAL 2011 - 2012 EDITORIAL BOARD ISSN 2375-2173 JESSICA HOYT Editor-in-Chief CHANILLE L. GRIGSBY ELISE KENNY Managing Editor Publication Manager MAJEL BRADEN MATEUSZ SZYMANSKI Executive Articles Editor Executive Articles Editor SENIOR EDITORS MELINDA ALICO AMY PENFOLD GENEVIEVE TURNER ASSOCIATE EDITORS MICHAEL ACQUILANO ASHLEY HARVEY MUKENI NADINE NTUMBA ASTHA ADHIKARY MARKUS HORNER ALISON ROGERS DOUGLAS CHRISTIANSEN BRENDAN MURPHY MARISSA ROZAS CATHERINE DREYER STEPHANIE MUSKUS COREY SMITH BRIAN GRAVUNDER RENEE VEZINA FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE PROFESSOR KEVIN GOVERN AVE MARIA INTERNATIONAL LAW JOURNAL 2010 - 2011 EDITORIAL BOARD CHERYL LEDOUX Editor-in-Chief STEPHANIE GREWE JENNA ROWAN Managing Editor Publication Manager KATHERINE BUDZ SARA SCHMELING Executive Articles Editor Executive Articles Editor SENIOR EDITORS DOUG LAING LISA UTTER ASSOCIATE EDITORS MELINDA ALICO CHANILLE GRIGSBY AMY PENFOLD MAJEL BRADEN JESSICA HOYT MATEUSZ SZYMANSKI EVA-MARIE CHITTY ELISE KENNY GENEVIEVE TURNER FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE ARTICLE SUBMISSIONS The Ave Maria International Law Journal is constantly seeking timely and thought- provoking articles that engage the international legal community on a wide range of topics. -
Downing College 2004
Downing College 2004 Designed and printed by Cambridge Printing, the printing business of Cambridge University Press. Downing College 2004 www.cambridgeprinting.org Downing College Association Newsletter and College Record 2004 Contents Downing College Association page Officers and Committee 7 President’s Foreword 8 Association News 9 The Secretary’s Diary 10 Next year’s President 11 Forthcoming events 12 The Master writes 13 The Senior Tutor writes 17 Development Director’s report 20 Around the College 21 News of members 22 Appointments, retirements and distinctions 25 Publications 25 Marriages 26 Births 26 Not many people know that! 26 William Lindsell Cuttle 26 Glynn Jones Scholarships for Business and Management Education 26 Obituaries 27 Visiting Cambridge 35 Acknowledgements 36 The College Downing College 2003–2004 39 News of the Fellowship 45 The New Chaplain 49 The Thomas Jefferson Fellowship 50 A new sports ground with a new pavilion 53 The Richmond Lecture 2002 54 The Thomas Rymer Telescope 58 Scattering of Ashes 59 College clubs and societies 59 Blues, half blues and colours 70 Elections and awards 71 Examination results 2004 77 Undergraduate admissions 86 Graduate admissions 90 Downing College Association Founded 1922 Dr Martin Mays MA PhD FRSC. President of the Association 2003 – 2004 Officers and Committee 2003–2004 PRESIDENT M J Mays MA PhD FRSC VICE PRESIDENT C W Hill MA THE EXECUTIVE COMMITTEE The President The Immediate Past President (George Pulman MA QC) The Honorary Secretary & Editor (J G Hicks MA FREng) The President -
Cambridge Journal of International and Comparative Law
Cambridge Journal of International and Comparative Law Publication TheCambridge Journal of International and Comparative Law (CJICL) is an open-access publication available online at <http://cilj.co.uk>. Each volume consists of two or more general issues and occasional symposiums on a particular area of law. Editorial policy All submissions are subject to a double-blind peer-review editorial process by our Academic Review Board and/or our Editorial Board. Submissions The Journal accepts the following types of manuscript: (i) Long Articles between 6,000 and 12,000 words but not exceeding 12,000 words including footnotes; (ii) Short Articles not exceeding 5,000 words including footnotes; (iii) Case Notes not exceeding 3,000 words including footnotes; and (iv) Book Reviews not exceeding 2,500 words including footnotes. Please visit our website for submission details. Copyright and open-access policy The CJICL is an open-access publication governed by our publishing and licensing agreement. Any commercial use and any form of republication of material not covered by the applicable license is subject to the express permission of the Editors-in-Chief. Contact information Cambridge Journal of International and Comparative Law Faculty of Law, 10 West Road Cambridge, CB3 9DZ United Kingdom E-mail: [email protected] Web: http://cilj.co.uk Typeset in InDesign. ISSN 2050–1706 (Print) ISSN 2050–1714 (Online) © 2016 Cambridge Journal of International and Comparative Law and Contributors This issue should be cited as (2016) 5(3) CJICL. http://cilj.co.uk -
The International Court of Justice and the 'Principle Of
CHAPTER 25 THE INTERNATIONAL COURT OF JUSTICE AND THE ‘PRINCIPLE OF NON-USE OF FORCE’ CLAUS KREß I. Introduction The international law on the use of force underwent signifcant developments in the inter-war period, most signifcantly through the renunciation of war as an instrument of national policy, as enshrined in Article I of the 1928 Kellogg–Briand Pact.1 Yet, the law preceding the United Nations Charter2 remained fraught with uncertainties due, perhaps most importantly, to the notoriously ambiguous concept of war and the possible scope for certain lawful forcible measures short of war.3 Te 1 General Treaty for Renunciation of War as an Instrument of National Policy of 27 Aug 1928, LNTS XCIV (1929), 58. 2 Charter of the United Nations and Statute of the International Court of Justice, 26 June 1945. 3 For one important exposition of the complexities of the pre-Charter law on the use of force, see Ian Brownlie, International Law and the Use of Force by States (Oxford: Oxford University Press, 1963), 19–111, 214–50; Sir Humphrey Waldock, ‘Te Regulation of the Use of Force by Individual States in International Law’ (1952-II) 81 Receuil des cours de l’Académie de droit international 455. Weller180414OUK.indb 561 12/18/2014 7:26:34 PM 562 CLAUS KREß Permanent Court of International Justice (PCIJ) had not developed a case law on those matters4 and only limited light was shed on them by the International Military Tribunals immediately afer the Second World War.5 Since 1945, the International Court of Justice (ICJ) has been called upon to interpret the UN Charter provisions on the use of force in international relations against this international law back- ground full of obscurities. -
Brierly's Law of Nations
BRIERLY’S LAW OF NATIONS This page intentionally left blank BRIERLY’S LAW OF NATIONS An Introduction to the Role of International Law in International Relations SEVENTH EDITION A NDREW C LAPHAM 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Andrew Clapham 2012 Th e moral rights of the author have been asserted First Edition published in 2012 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Data available ISBN 978–0–19–965793–3 978–0–19–965794–0 (pbk) Printed in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. -
The Status of the Universal Declaration of Human Rights in National and International Law
THE STATUS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN NATIONAL AND INTERNATIONAL LAW Hurst Hannum* CONTENTS Page I. INTRODUCTION .................................... 289 I. THE UNIVERSAL DECLARATION IN NATIONAL LAW .......... 292 A. Reference to the Universal Declaration in National Courts .................................. 292 1. The Universal DeclarationAs a Rule of Deci- sion ............................. 296 2. The Universal DeclarationAs an Aid to Consti- tutional or Statutory Interpretation ........ 298 3. Judicial Rejection of the Universal Declaration As Relevant to Interpretationsof Domestic Law ............................. 311 B. Influence of the Universal Declaration on Legislative and Administrative Acts ..................... 312 IlI. STATUS OF THE UNIVERSAL DECLARATION IN CUSTOMARY INTERNATIONAL LAW .......... 317 A. Views of the InternationalCourt of Justice ........... 335 B. The Content of Customary Law Evidenced in the Decla- ration .................................. 340 * Associate Professor of International Law, The Fletcher School of Law and Diplomacy, Tufts University. This article is based on a report prepared by the author as Rapporteur of the Committee on the Enforcement of International Human Rights Law of the International Law Association. The author would like to thank Richard B. Lillich, Chairman of the Committee; current or former Committee members Andrew Byrnes, Subrata Roy Chowdhury, Emmanuel Decaux, John Dugard, Kshama Femando, Jan Helgesen, Matthias Herdegen, Christof H. Heyns, John P. Humphrey, Menno T. Kamminga, Vladimir A. Kartashkin, Mathias-Charles Krafft, Anthony P. Lester, Dennis Mahoney, Momir Milojevic, Matti PellonpM, Rodney N. Purvis, Voitto Saario, Dhruba B. S. Thapa, Antonio A. Cangado Trindade, Raul Vinuesa, and Mandigui V. Yokabdjim; and Research Assistants Jennifer Gergen, Laura Gil, Kingsley Moghalu, and Jean-Louis Robadey for their comments and assistance in gathering often difficult-to-find information. -
Domestic Courts and the Interpretation of International Law Developments in International Law
Domestic Courts and the Interpretation of International Law Developments in International Law volume 72 The titles published in this series are listed at brill.com/ diil Domestic Courts and the Interpretation of International Law Methods and Reasoning Based on the Swiss Example By Odile Ammann LEIDEN | BOSTON This is an open access title distributed under the terms of the CC- BY- NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. The Faculty of Law of the University of Fribourg (Switzerland) does not intend to approve or disapprove the opinions expressed in a dissertation; they must be considered as the author’s own (decision of the Faculty Council of 1 July 1916). Published with the support of the Swiss National Science Foundation. Cover illustration: Lady Justice sorting methodically through the Swiss case law on international law. © 2019 Rae Pozdro. All rights reserved. www.pozdro.net The Library of Congress Cataloging- in- Publication Data is available online at http:// catalog.loc.gov LC record available at http:// lccn.loc.gov/2019948876 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill- typeface. issn 0924- 5332 isbn 978- 90- 04- 40986- 6 (hardback) isbn 978- 90- 04- 40987- 3 (e- book) Copyright 2020 by Odile Ammann. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. -
Proquest Dissertations
u Ottawa L'Universite' canadienne Canada's university FACULTE DES ETUDES SUPERIEURES mn FACULTY OF GRADUATE AND ET POSTOCTORALES U Ottawa POSDOCTORAL STUDIES L'Univcrsittf canadienne Canada's university Alberto Alvarez AUTEUR DE LA THESE / AUTHOR OF THESIS Ph.D. (LL.D.) GRADE/DEGREE Faculty of Law FACULTE, ECOLE, DEPARTEMENT / FACULTY, SCHOOL, DEPARTMENT The WTO Appellate Body's Autonomy to Transform the WTO Dispute Settlement System: Insights from Theory and A Comparative Analysis of the International Court of Justice and the U.S. Supreme Court TITRE DE LA THESE / TITLE OF THESIS Anthony VanDuzer DIRECTEUR (DIRECTRICE) DE LA THESE / THESIS SUPERVISOR CO-DIRECTEUR (CO-DIRECTRICE) DE LA THESE / THESIS CO-SUPERVISOR EXAMINATEURS (EXAMINATRICES) DE LA THESE/THESIS EXAMINERS William Flanagan Debra Steger Donald McRae Peter Swan Gary W. Slater Le Doyen de la Faculte des etudes superieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoral Studies THE WTO APPELLATE BODY'S AUTONOMY TO TRANSFORM THE WTO DISPUTE SETTLEMENT SYSTEM: INSIGHTS FROM THEORY AND A COMPARATIVE ANALYSIS OF THE INTERNATIONAL COURT OF JUSTICE AND THE U.S. SUPREME COURT Alberto Alvarez Thesis Submitted to the Faculty of Graduate and Postdoctoral Studies In partial fulfillment of the requirements For the Doctorate of Laws Common Law Section Faculty of Law University of Ottawa ©Alberto Alvarez, Ottawa, Canada, 2008 Library and Bibliotheque et 1*1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street -
The Lex Mercatoria and International Contracts: a Challenge for International Commercial Arbitration?" American University International Law Review 14, No
American University International Law Review Volume 14 | Issue 3 Article 2 1999 The Lex eM rcatoria and International Contracts: A Challenge for International Commercial Arbitration? Abul F.M. Maniruzzaman [email protected] Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Manriruzzaman, Abul F.M. "The Lex Mercatoria and International Contracts: A Challenge for International Commercial Arbitration?" American University International Law Review 14, no. 3 (1999): 657-734. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. THE LEXMERCA TORIA AND INTERNATIONAL CONTRACTS: A CHALLENGE FOR INTERNATIONAL COMMERCIAL ARBITRATION? ABUL F.M. MANIRUZZAMAN INTRODUCTION .............................................. 658 I. THE THEORY OF THE LEXMERCATORI4 .............. 660 I. DIFFERENT ASPECTS CONCERNING THE LEX M ERCATORIA ............................................ 670 A. Is THE LEXMERCATORIA AUTONOMOUS? . .. 670 B. SOURCES OF THE LEX MERCA TORIA ........................ 672 C. THE CONTENT OF THE LEXMERCATOR. ................... 673 D. THE LEXMERCATORIA AND PARTY AUTONOMY ............ 678 E. THE LEXMERCA TORIA AND THE CONFLICT OF LAWS ....... 680 F. AMIABLE COMPOSITION, Ex AEQUO ET BONO AND THE LEXMERCATORIA ......................................... 686 G. IS THE LEXMERCATORIA UNIVERSAL? ... 690 IV. THE ROLE OF ARBITRATOR IN THE DEVELOP- MENT OF THE LEXMERCATORIA ...................... 693 V. APPLICATION OF THE LEX MERCATOPA BY TRIBUNALS: THE PRESENT STATE ................... 694 VI.