Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa P... more Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa Paasivirta. Published by Finnish Lawyers' Publishing Co., Helsinki (1990, XXIII and 357 pp, incl. Tables of Contents, Cases and Abbreviations, and Bibliography ). Softback. It is, of course, a trite comment that the rules of Public International Law have undergone tremendous changes since the Second World War. Paasivirta's accomplished study concentrates on one increasingly important aspect, that of contracts between states and foreign corporations, or State Contracts, or with regard to the exploitation of natural resources, concession agreements. Such ventures have long existed and naturally disputes have often arisen. Under traditional international law; claims by natural and legal persons against foreign states are pursued by their national states through diplomatic channels and the submission of the dispute to an international tribunal is not an uncommon result. A recent example, concerning the protection of shareholders, is the ELSI Case (US v. Italy) ,1 which came too late to be included in this book. However, the protective role of the state in such instances is becoming increasingly infrequent and more and more such claims are being brought before international arbitral tribunals by the corporations themselves. Whereas resort to such modes of dispute settlement is growing, it nevertheless remains a comparatively recent phenomenon in international law and, as Paasivirta points out, there are …
Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff.... more Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff. The Netherlands (1991, vi and 265 pp., Incl. Table of Contents, Introduction and Author, Title and Subject Index .) Hardback. Price £50, US$84.50; Dfl. 150. Over thirty States of the international community are landlocked and many consider themselves to be disadvantaged economically as a result. To balance this inequality these States believe that international law should develop progressively to further their interests. Their main concerns regarding the law of the sea in recent years have been in relation to access to the sea and access to marine resources. It would appear that customary international law does not recognise a right of access by landlocked …
The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by K... more The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by Kluwer Law and Tax Publishers, Netherlands, and I.C.C, Paris (1987, X and 57 pp., incl. Preface, Table of Contents and Introduction) . This publication constitutes the Report of a committee of the International Chamber of Commerce which was entrusted with the mandate of considering the effects upon the international business community of conflicts of jurisdiction between States and of exploring ways of reducing their adverse effects. The practical importance of this exercise was justified because the ‘effect of extraterritorial applications of national laws is to discourage productive economic activity, including international investment, and ultimately to reduce unemployment and economic growth.’ Some well-known examples of the extraterritorial application of national laws concern US antitrust laws, US unitary tax formulas and US export controls which forbid foreign …
... On the jurisdiction of the Court of Justice, see in particular Articles 19, 23-26 and ... Fut... more ... On the jurisdiction of the Court of Justice, see in particular Articles 19, 23-26 and ... Future trends in human rights in Africa of rights, the Charter imposes responsibilities on the child ... 79 Childmarriages are expressly prohibited80 but cu-riously the age bar is set somewhat high at ...
Reflections on International Arbitration and Litigation in the International Court of Justice by ... more Reflections on International Arbitration and Litigation in the International Court of Justice by Professor Shabtai Rosenne ( No 9 Forum International ). Published by Kluwer Law and Tax Publishers, Netherlands, 1987. Price £10 (UK); Dfl 32.00 . This text is the published version of a lecture delivered to a Dutch Foundation, Forum Internationale, by the eminent Israeli international lawyer, Professor Shabtai Rosenne, who is an authority on the International Court of Justice (ICJ). Essentially Professor Rosenne contrasts international arbitration with international litigation before the ICJ and highlights some of the perceived advantages of the former over the latter, which can be summarised in one word: flexibility. The evolution of the international community since the Second World War has seen the materialisation of many new para-statal entities and multinational corporations with the capacity to conduct transnational business. Traditionally, when a dispute with an international element arose between such entities or between a multinational corporation and a foreign State the parent States would exercise the right of diplomatic protection of nationals on their behalf and submit the dispute to arbitration or litigation. A recent example is the case of Elettronica Sicula S.p.A. (ELSI) ICJ Reports 1989, p. 15, where the USA unsuccessfully brought an action against Italy before the ICJ alleging that Italy was in breach …
... 62. The first third-party interven-tion attempted was that of Fiji in the Nuclear Tests cases... more ... 62. The first third-party interven-tion attempted was that of Fiji in the Nuclear Tests cases brought in the early 1970s by Austra-lia and New Zealand against France (ICJReports 1974, pp. 253, 457). This ... hoc Jimenez de Arechaga. It ...
Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas... more Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas, S.A., Madrid (1990, 402 pp. incl. Table of Contents and Prologue ). Paperback. Price not disclosed. In 1988 Spain revised and updated its legislation on the law of arbitration by adopting a statute on the subject (36/1988) repealing the existing legislation which dated from 1953. The latter was perceived to suffer from manifest imperfections, particularly an excessively formal and inflexible procedure, but perhaps more significantly, it failed …
Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat ru... more Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat rules of procedure of the Council of Ministers rules of procedure of the Assembly of Heads of State and Government protocol of the Commission of Mediation, Conciliation and Arbitration general convention on the privileges and immunities of the Organization of African Unity 1965 resolution on arrears of contribution. Part 2 Territorial and security issues: resolution on the intangibility of frontiers frontier dispute case - Burkina Faso v Mali, 1983 resolution on non-recognition of South African Bantustans, 1976 declaration on the problem of subversion, 1988 convention for the elimination of mercenarism in Africa, 1977. Part 3 Conservation and the environment: African Convention on the Conservation of Nature and Natural Resources, 1968 resolution on dumping of nuclear and industrial waste in Africa, 1988 convention on the ban of the import into Africa and the control of transboundary movement and management of hazardous wastes within Africa, 1991. Part 4 Human rights: convention governing the specific aspects of refugee problems in Africa, 1969 African charter on human and peoples' rights, 1982 rules of procedure of the African Commission on Human and Peoples' Rights, 1988 African Commission on Human and Peoples' Rights - guidelines for national periodic reports, 1989 African charter on the rights and welfare of the child, 1990. Part 5 Economic co-operation: treaty establishing the African Economic Community, 1991.
Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa P... more Participation of States in International Contracts (and Arbitral Settlement of Disputes) by Esa Paasivirta. Published by Finnish Lawyers' Publishing Co., Helsinki (1990, XXIII and 357 pp, incl. Tables of Contents, Cases and Abbreviations, and Bibliography ). Softback. It is, of course, a trite comment that the rules of Public International Law have undergone tremendous changes since the Second World War. Paasivirta's accomplished study concentrates on one increasingly important aspect, that of contracts between states and foreign corporations, or State Contracts, or with regard to the exploitation of natural resources, concession agreements. Such ventures have long existed and naturally disputes have often arisen. Under traditional international law; claims by natural and legal persons against foreign states are pursued by their national states through diplomatic channels and the submission of the dispute to an international tribunal is not an uncommon result. A recent example, concerning the protection of shareholders, is the ELSI Case (US v. Italy) ,1 which came too late to be included in this book. However, the protective role of the state in such instances is becoming increasingly infrequent and more and more such claims are being brought before international arbitral tribunals by the corporations themselves. Whereas resort to such modes of dispute settlement is growing, it nevertheless remains a comparatively recent phenomenon in international law and, as Paasivirta points out, there are …
Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff.... more Bibliography on Land-Locked States, edited by Ira Martin Glassner. Published by Martinus Nijhoff. The Netherlands (1991, vi and 265 pp., Incl. Table of Contents, Introduction and Author, Title and Subject Index .) Hardback. Price £50, US$84.50; Dfl. 150. Over thirty States of the international community are landlocked and many consider themselves to be disadvantaged economically as a result. To balance this inequality these States believe that international law should develop progressively to further their interests. Their main concerns regarding the law of the sea in recent years have been in relation to access to the sea and access to marine resources. It would appear that customary international law does not recognise a right of access by landlocked …
The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by K... more The Extraterritorial Application of National Laws Eds. Dieter Lange and Gary Born. Published by Kluwer Law and Tax Publishers, Netherlands, and I.C.C, Paris (1987, X and 57 pp., incl. Preface, Table of Contents and Introduction) . This publication constitutes the Report of a committee of the International Chamber of Commerce which was entrusted with the mandate of considering the effects upon the international business community of conflicts of jurisdiction between States and of exploring ways of reducing their adverse effects. The practical importance of this exercise was justified because the ‘effect of extraterritorial applications of national laws is to discourage productive economic activity, including international investment, and ultimately to reduce unemployment and economic growth.’ Some well-known examples of the extraterritorial application of national laws concern US antitrust laws, US unitary tax formulas and US export controls which forbid foreign …
... On the jurisdiction of the Court of Justice, see in particular Articles 19, 23-26 and ... Fut... more ... On the jurisdiction of the Court of Justice, see in particular Articles 19, 23-26 and ... Future trends in human rights in Africa of rights, the Charter imposes responsibilities on the child ... 79 Childmarriages are expressly prohibited80 but cu-riously the age bar is set somewhat high at ...
Reflections on International Arbitration and Litigation in the International Court of Justice by ... more Reflections on International Arbitration and Litigation in the International Court of Justice by Professor Shabtai Rosenne ( No 9 Forum International ). Published by Kluwer Law and Tax Publishers, Netherlands, 1987. Price £10 (UK); Dfl 32.00 . This text is the published version of a lecture delivered to a Dutch Foundation, Forum Internationale, by the eminent Israeli international lawyer, Professor Shabtai Rosenne, who is an authority on the International Court of Justice (ICJ). Essentially Professor Rosenne contrasts international arbitration with international litigation before the ICJ and highlights some of the perceived advantages of the former over the latter, which can be summarised in one word: flexibility. The evolution of the international community since the Second World War has seen the materialisation of many new para-statal entities and multinational corporations with the capacity to conduct transnational business. Traditionally, when a dispute with an international element arose between such entities or between a multinational corporation and a foreign State the parent States would exercise the right of diplomatic protection of nationals on their behalf and submit the dispute to arbitration or litigation. A recent example is the case of Elettronica Sicula S.p.A. (ELSI) ICJ Reports 1989, p. 15, where the USA unsuccessfully brought an action against Italy before the ICJ alleging that Italy was in breach …
... 62. The first third-party interven-tion attempted was that of Fiji in the Nuclear Tests cases... more ... 62. The first third-party interven-tion attempted was that of Fiji in the Nuclear Tests cases brought in the early 1970s by Austra-lia and New Zealand against France (ICJReports 1974, pp. 253, 457). This ... hoc Jimenez de Arechaga. It ...
Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas... more Comentario Breve a la Ley de Arbitraje, edited by J. Montero Aroca Published by Editorial Civitas, S.A., Madrid (1990, 402 pp. incl. Table of Contents and Prologue ). Paperback. Price not disclosed. In 1988 Spain revised and updated its legislation on the law of arbitration by adopting a statute on the subject (36/1988) repealing the existing legislation which dated from 1953. The latter was perceived to suffer from manifest imperfections, particularly an excessively formal and inflexible procedure, but perhaps more significantly, it failed …
Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat ru... more Part 1 The institutions: OAU charter 1963 functions and regulations of the General Secretariat rules of procedure of the Council of Ministers rules of procedure of the Assembly of Heads of State and Government protocol of the Commission of Mediation, Conciliation and Arbitration general convention on the privileges and immunities of the Organization of African Unity 1965 resolution on arrears of contribution. Part 2 Territorial and security issues: resolution on the intangibility of frontiers frontier dispute case - Burkina Faso v Mali, 1983 resolution on non-recognition of South African Bantustans, 1976 declaration on the problem of subversion, 1988 convention for the elimination of mercenarism in Africa, 1977. Part 3 Conservation and the environment: African Convention on the Conservation of Nature and Natural Resources, 1968 resolution on dumping of nuclear and industrial waste in Africa, 1988 convention on the ban of the import into Africa and the control of transboundary movement and management of hazardous wastes within Africa, 1991. Part 4 Human rights: convention governing the specific aspects of refugee problems in Africa, 1969 African charter on human and peoples' rights, 1982 rules of procedure of the African Commission on Human and Peoples' Rights, 1988 African Commission on Human and Peoples' Rights - guidelines for national periodic reports, 1989 African charter on the rights and welfare of the child, 1990. Part 5 Economic co-operation: treaty establishing the African Economic Community, 1991.
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