Procedures in International Law

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Springer Science & Business Media, Oct 24, 2008 - Law - 351 pages
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The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
  

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Contents

A Procedural Perspective in Law
1
11 Law and Procedure
4
12 Essential Properties of Legal Procedures
6
1211 Imprisonment as Procedure
9
1213 Calculation of Damages as Procedure
11
1214 Limitation Periods
14
1215 Equitable Remedies as Procedural Law
15
1216 Injunctions
21
62212 US Sanctions Internationally Applied
203
6222 Expropriation
205
623 Individuals and States
211
624 Locus Standi of the Individual
214
6242 Economic Interests
219
6243 Fundamental and Human Rights
225
6244 Diplomatic Protection
230
6245 Tort Claims Against States Before National Courts
236

1217 Public Policy Exceptions and Political Considerations
22
1218 Conclusions
30
122 The Public Character of Procedures
33
Procedures in International Law
35
21 Lack of Compulsory Procedures
38
211 General Procedural Provisions in International Instruments
40
212 Different Features Regarding Nonstate Party Procedures
46
22 Variety of Procedures
49
23 National and International Legal Procedures
54
232 General Character of Procedures
58
The Quest and the Notion
59
33 Form and Contents Procedures and Law
61
National Legal Procedures
63
41 Jurisdiction
64
42 Interest in International Jurisdiction
68
431 The European Conventional Approach in Conflict
70
4311 Application of the Convention
71
4312 General Comment on the Application of the Convention
75
4313 Effect of the European Conventional System
80
4314 National Bases and Choice of Jurisdiction
81
4315 Forum Selection Under the European Rules Italian Torpedoes
83
432 The Effect of the European Approach Beyond Europe
91
44 The Global System
94
45 Basis of Jurisdiction in Different Countries
116
452 Service of Proceedings
135
4521 Hague Convention
136
4523 Lugano Convention
137
4525 Security for Costs
150
4531 Noteworthy Domestic Provisions
154
454 Conclusion
155
Limiting National Jurisdiction by Procedural Means 51 Introduction
156
52 Act of State
161
53 Comity
166
54 Executive Certificates
174
55 Amicus Curiae Briefs
181
Substantive International Law Before National Fora
185
612 Conflict with the Floating Nature of International Law
186
613 Procedural Effects
188
62 Individual Applicants and Defendants
191
622 Indirect Application of International Law
193
62211 UN Sanctions
194
625 Proceedings by the Forum State
238
6252 International Law as a Defence Before National Courts
245
6253 Extradition
252
62532 The Rule Against Double Jeopardy
255
62533 The Rule of Specialty
258
62534 Appropriate Forum
261
62535 The European Arrest Warrant Procedure
262
626 Suing Foreign States Before a National Forum
264
6262 Tort and Torture
267
International Legal Adjudication
272
71 Limits
275
713 No Binding Force or Stare Decisis Beyond the Parties
276
72 Strengths of International Adjudication
278
731 Jurisdiction and Proceedings
279
732 Binding Force of Judgments and Enforcement Procedures
280
733 Function and Labelling
282
734 Character of an Arbitral Award
283
735 Submission to Jurisdiction
285
736 The UN and Individuals Before the ICJ
286
74 The Court of the Commonwealth of Independent States
287
75 Other International Adjudicative Bodies and Their Procedures
288
751 The Effect of the Variety of International Adjudicating Bodies
289
Alternative Methods of Dispute Resolution
295
81 The Means Listed in Article 33 of the UN Charter
296
82 Diplomatic Means as a Form of ADR in International Law
297
83 The Institutional Background of Diplomatic Settlement of Disputes
299
84 Good Offices
300
841 The UN Secretary General in the Turkish Republic of Northern Cyprus
301
842 The UN Secretary General in the Rainbow Warrior Case
302
85 Arbitration and the Permanent Court of Arbitration in The Hague
304
Conflicts Between Adjudicators Applying International Law
308
92 The Relationship Between National and International Law an Introduction
312
93 Examples of Jurisdictional Conflicts
314
932 Conflicts Between Treaty Provision and Contracts
320
94 A Disintegrationist Approach
325
942 The Bosphorous Litigation
329
95 Methods of Regulating the Interaction Between International and National Courts
337
951 Same Issues and Same Parties
338
952 Choice of Forum Provisions
340
Index
343
Copyright

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About the author (2008)

Gernot Biehler lectures in international law both public and private at Trinity College Dublin. As former Head of Delegation at the NATO Council of Legal Advisers, the UN, The Hague Conference on Private International Law, UNIDROIT, and as Government Counsel before national and international courts and as a diplomat he relies on broad experience to provide insights in the working of international law and litigation. Author of "International Law in Pracitce" (Thomson Round Hall 2005) and other publications in the field and educated in Berlin and Cambridge his research seeks to benefit both academia and practice alike.

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