Stephen M. Schwebel

Justice in International Law

Selected Writings

• Broschiertes Buch

Produktbeschreibung

Since 1947 Stephen M. Schwebel has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume republishes 36 of his legal articles and commentaries of continuing interest. The first Part treats aspects of the capacity and performance of the International Court of Justice. The second addresses aspects of international arbitration. The third examines problems of the United Nations, especially of the authority of the Secretary-General, the character of the Secretariat, and financial apportionment. The fourth deals with questions of international contracts and taking of foreign property interests. The fifth discusses diverse aspects of the development of international law and particularly considers the central problem of international law, the unlawful use of force. This collection does not include Judge Schwebel's judicial opinions, nor (with one exception) papers written in his former official capacities as a legal officer of the US Department of State or as a special rapporteur of the International Law Commission of the United Nations. Together with his unofficial writings, his judicial opinions as of July 1993 are cataloged in the list of publications with which this volume concludes.

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Produktdetails

• Verlag: Cambridge University Press
• Seitenzahl: 648
• Erscheinungstermin: 31. Mai 2008
• Englisch
• Abmessung: 234mm x 156mm x 35mm
• Gewicht: 968g
• ISBN-13: 9780521072991
• ISBN-10: 0521072999
• Artikelnr.: 24503512

Autorenporträt

Stephen M. Schwebel has been a practitioner, professor, government legal adviser, judge and arbitrator. He gained early experience in international arbitration while practising law in New York with White and Case (1954-59), taught international law, commercial law and contracts as an assistant professor at Harvard Law School (1959-61), and served as Assistant Legal Adviser for UN Affairs of the U.S. Department of State (1961-66). In the years 1967-72, he was the executive director of the American Society of International Law and Burling Professor of International Law at the School of Advanced International Studies of The Johns Hopkins University. He returned to the State Department in 1973 as Counselor on International Law and served as a Deputy Legal Adviser from 1974 to 1980. He was elected a member of the UN International Law Commission in 1977 and was appointed its Special Rapporteur on International Watercourses. In January 1981, he became a judge of the International Court of Justice, and, in 1997, President of the Court. Since his retirement from the Court in 2000, he has been a leading international arbitrator. He has lectured widely and is the author of The Secretary-General of the United Nations: His Political Powers and Practice (1952), International Arbitration: Three Salient Problems (1984) and Justice in International Law (1994). Judge Schwebel is a member of the Institut de Droit International, an Honorary Bencher of Gray's Inn, and an Honorary Fellow of Trinity College, Cambridge.

Inhaltsangabe

Part I. INTERNATIONAL COURT OF JUSTICE: 1. Reflections on the role of the
International Court of Justice; 2. Relations between the International
Court of Justice and the United Nations; 3. Was the capacity to request an
advisory opinion wider in the permanent Court of International Justice than
it is in the International Justice?; 4. Authorising the Secretary-General
of the United Nations to request advisory opinions of the International
Court of Justice; 5. Preliminary rulings by the International Court of
Justice at the instance of national courts; 6. Chambers of the
International Court of Justice formed for particular cases; 7. Three cases
of fact-finding by the International Court of Justice; 8. Indirect
aggression in the International Court; 9. Human Rights in the World Court;
Part II. INTERNATIONAL ARBITRATION: 10. Arbitration and the exhaustion of
local remedies; 11. Arbitration and the exhaustion of local remedies
revisited; 12. Some aspects of international law in arbitration between
states and aliens; 13. The majority vote of an international arbitral
tribunal; 14. The prospects for international arbitration: inter-state
disputes; Part III. UNITED NATIONS: 15. The origins and development of
Article 99 of the Charter; 16. The international character of the
Secretariat of the United Nations; 17. Secretary-General and Secretariat;
18. A United Nations 'guard' and a United Nations 'legion'; 19. Mini-states
and a more effective United Nations; 20. Article 19 of the Charter of the
United Nations: Memorandum of Law; 21. The United States assaults the ILO;
22. Goldberg variations; Part IV. INTERNATIONAL CONTRACTS AND
EXPROPRIATION: 23. Report of the Committee on Nationalisation of Property
of the American branch of the International Law Association; 24. The story
of the United Nations Declaration on Permanent Sovereignty over Natural
Resources; 25. Speculations on specific performance of a contract between a
state and a foreign national; 26. On whether the breach by a state of a
contract with an alien is a breach of international law; 27. Some
little-known cases on concessions; 28. Commentary on 'Social discipline and
the multinational enterprise' and 'security of investment abroad'; Part V.
AGGRESSION UNDER, COMPLIANCE WITH, AND DEVELOPMENT OF INTERNATIONAL LAW:
29. The legal effect of resolutions and codes of conduct of the United
Nations; 30. The United Nations and the challenge of a changing
international law; 31. What weight to conquest; 32. The Brezhnev Doctrine
repealed and peaceful co-existence enacted; 33. Aggression, intervention
and self-defense in modern international law; 34. Address and commentary;
35. The compliance process and the future of international law; 36.
Government legal advising in the field of foreign affairs.