Collected courses of the Xiamen Academy of International Law

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Collected courses of the Xiamen Academy of International Law

Martinus Nijhoff, 2008-

  • v. 1
  • v. 2
  • v. 3
  • v. 4
  • v. 11

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CCXA

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Note

"Xiamen Academy of International Law summer courses, July 27-31, 2015"--T.p. of v. 11

Vol. 11: edited by Chia-Jui Cheng

Publisher's name varies: Brill

v. 1: 2006, v. 2: 2009, v. 3: 2010, v. 4:2011, v. 11: 2017

Includes bibliographical references

子書誌あり

Description and Table of Contents

Volume

v. 1 ISBN 9789004167247

Description

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The First Volume of the Series contains the following articles: Preface; The Role of the International Court of Justice in the Peaceful Settlement of International Law H.E. Jiuyong Shi; Changing Dimensions of International Law: An Asian Perspective R.P. Anand; The Changing Dimensions of the International Law Carriage by Air Bin Cheng; Changing Dimensions of International Investment Vaughan Lowe The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law - persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Table of Contents

  • Preface
  • The Role of the International Court of Justice in the Peaceful Settlement of International Law H.E. Jiuyong Shi
  • Changing Dimensions of International Law: An Asian Perspective R.P. Anand
  • The Changing Dimensions of the International Law Carriage by Air Bin Cheng
  • Changing Dimensions of International Investment Vaughan Lowe
Volume

v. 2 ISBN 9789004180932

Description

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles: Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Varady The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law - persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Table of Contents

Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Varady
Volume

v. 3 ISBN 9789004192911

Description

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Third Volume of the Series contains the following articles: New Trends of International Law in the Era of Globalization, Stephan Hobe; Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando; Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann; International Law: A System of Relationships, Malcolm N. Shaw, QC; The International Law of Watercourses: New Dimensions, Patricia Wouters The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law - persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.

Table of Contents

  • New Trends of International Law in the Era of Globalization, Stephan Hobe
  • Globalization is a social, economic and political phenomenon. As international law is deeply connected with these areas of human activity, it is not surprising that it has not remained unaffected by globalization. This contribution seeks to unearth the manifold ways in which globalization challenges international law and the law's reaction, ranging from globalization's impact on its foundational structures to the more concrete influence on normative developments. This survey of modern international law reveals that while the legal system has already responded to many of globalization's challenges, more is still needed. It concludes that in order to take the next step, we need to rethink the old concept of sovereignty and enrich it with an element of responsibility, leading towards an "international law of globalization". Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando
  • It is desirable and possible to prepare a Global Code which will harmonize the laws of contracts between parties having their places of business in different countries. Globalization has entered the law of contracts. The Unidroit Principles of International Commercial Contracts (PICC), 3d edition, appeared in June 2011. Today the UPICC is only soft law. The UPICC, however, should become part of a Global Code which as CISG should become binding on the courts. The other parts of the Code should consist of special rules relating to the most important kinds of commercial transactions. Some of these rules already exist as conventions as CISG and model laws adopted in the UNCITRAL and Unidroit. Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann
  • The contribution 'Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century' discusses the diverse conceptions of international economic law, the human rights dimensions of economic law, and the regulatory failures underlying the current crises in international economic and environmental regulation. The diverse Anglo-Saxon, Asian and European conceptions of human rights and of economic regulation reflect, at least in part, 'reasonable disagreement' among libertarian, egalitarian, communitarian, utilitarian and constitutional conceptions of economic regulation and must be respected and mutually reconciled within the limits of legitimate 'constitutional pluralism' and the customary methods of international treaty interpretation. International Law: A System of Relationships, Malcolm N. Shaw, QC
  • This General Course is a wide-ranging and thoughtful contribution to the nature and role of international law today. It focuses upon international law as based on relationships and communication. Seeing international law through the prism of evolving interactions emphasises that the system is enduring, complex and relative to the pressures facing it. Many legitimate interests are involved, from power to deep values at both a domestic and international level. The work commences with the connection between legality and legitimacy that goes to the heart of the international legal system and proceeds to deal with the relationships between international law and domestic law, taking English law as the example
  • between people and territory
  • and between international and regional organisations. The International Law of Watercourses: New Dimensions, Patricia Wouters Sharing the world's freshwater resources across national boundaries presents complex challenges, especially in the current reality of growing uncertainties (economic, social, and environmental) around the globe. How does international law support the management of transboundary waters in ways that promote regional peace and security and the fundamental freedoms of all? This work provides an overview of the evolution and current statues of international water law, introducing a legal analytical framework for examining state practice in this field of law, with a focus on Asia - where emerging water insecurity threatens more than half of the world's total population. Following an examination of the legal regimes covering shared watercourses across this diverse region, the study highlights current issues around water security.
Volume

v. 4 ISBN 9789004233416

Description

The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Fourth Volume of the Series contains the following articles: The Application of International Law by the International Court of Justice, Judge Abdul G. Koroma The first part of this contribution explains how Judicial settlement of disputes has long been recognized as central to the stability and functioning of the international order and the rule of law. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, plays a crucial role in the system established to this end by the Charter. The second part of the contribution discusses how the Court applies each of the sources of law contained in Article 38 of the Statute of the Court. Since the article's creation in 1920, Article 38 "has remained the principal text used by international lawyers in describing the sources, or origins of international law" . Prevention and International Law, M. Mohamed Bennouna Prevention in the context of globalization cannot take place only in the framework of State frontiers; international norms mechanisms and institutions are indispensable in order to strengthen cooperation between States to anticipate risks and prevent any prejudice to people and goods. This necessitates the adoption of appropriate obligations of prevention with the corresponding international responsibility. The development of an international law of prevention, as a process, has to be accompanied by judicial guarantees at national, regional and global levels. International Dispute Resolution, With Specific Attention to China, Christine Chinkin The lectures entitled International Dispute Resolution, with specific attention to China, first consider the concept of an international dispute and the development of the obligation on states to settle their disputes peacefully. They then examine the historical evolution and contemporary understandings of the mechanisms enumerated in United Nations Charter, Article 33 for the management and attempted resolution of such disputes which are currently available to states and other participants in the international arena: negotiation, inquiry, mediation, conciliation, mediation, arbitration and adjudication. Each of the processes is discussed in the historical, political and legal contexts of various international disputes, including the detention of the American hostages in Tehran, various aspects of the possession of nuclear weapons and the territorial dispute over Abyei. The lectures consider the respective advantages and disadvantages of these various mechanisms, the interplay between them, their effectiveness and the legal and policy issues that influence choices as to different approaches to resolution of international disputes. The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law - persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
Volume

v. 11 ISBN 9789004353534

Description

In the Collected Courses of the Xiamen Academy of International Law Hans van Loon, Former Secretary-General of The Hague Conference of Private International Law, Prof. Bimal N. Patel, Director of Gujarat National Law University, India, and Prof. Ernst-Ulrich Petersmann of the European University Institute in Florence, provide insightful, perspicacious and concise analysis of recent developments in international law .

Table of Contents

Preface Notes on Contributors At the Cross-roads of Public and Private International Law - The Hague Conference on Private International Law and Its Work Hans Van Loon 1 Role and Mission of the Hague Conference on Private International Law a An Intergovernmental Organisation Concerned with Private Relationships and Transactions b Diversity of Private Law c Unification of Private Law d Diversity of Private International Law e Unification of Private International Law: The Mission of the Hague Conference 2 Origin and Development of the Hague Conference a Birth of the Hague Conference b Establishment as a Permanent Intergovernmental Organisation c Early Innovations d Bridging the Civil and Common Law Divide e Bridging the Divide between Systems Based on Faith and Secular Systems 3 The Impact of Contemporary Globalisation a Globalisation and Its Impact on the Nation-state b Proliferation of Legislation at All Levels - Expansion of the Hague Conference c Impact of Globalisation on Private International Law Approaches and Methods 4 Hague Conventions Promoting Global Trade, Investment and Finance a The Global Framework Regulating the Cross-border Movement of Goods, Services, Capital and Workers b Hague Instruments Concerning Global Trade, Investment and Finance 5 Hague Conventions Promoting Administrative and Judicial Cooperation a 1961 Hague Apostille Convention b 1965 Hague Service Convention c 1971 Hague Evidence Convention d 1980 Access to Justice Convention 6 Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations a The Global Framework for the Protection of Private and Human Rights in Cross-border Situations b Hague Conventions on Marriage and Divorce c Hague Conventions on the Protection of Children 7 Outlook - (Potential) Significance of the Hague Conference and Its Work for the Asia-Pacific Region Selected Publications Marine Environment Law and Practice of China, India, Japan and Korea Bimal N. Patel 1 General Introduction - International Obligations in Municipal Legal System a Introduction b State Practice: An Essential Element of Customary International Law c Need for Maritime Environmental Laws d Enforcement of International Marine Agreements by the Four Nations 2 Legislative Implementation of International Obligations in Four States a People's Republic of China b India c Japan d Republic of Korea 3 unclos and International Marine Environmental Law a Sources and Type of Marine Pollution b Legal Framework - unclos and Regional Treaties c Operational Vessel-Source Pollution d unclos Jurisdictional Framework e Accidental Vessel-Source Pollution f Pollution Emergencies g Vessel Source Pollution h Civil Liability i Seabed Pollution j Dumping at Sea k Land-Based and Atmospheric Pollution 4 Marine Environmental Protection: Legislations, Policies Mechanisms, Practices, Issues and Challenges a Major Marine Environmental Issues and Trends 5 International Marine Environmental Law Practice a China b India c Japan d Republic of Korea 6 General Conclusions and Suggestions a The Enforcement of Environmental Agreements Generally b Pollution Control on the Development of Mineral Resources in Coastal Regions c Conclusion d Five Important Take-Away on Future Possibilities e Regional Dimensions of Global Issues f Monitoring, Verification, and Non-coercive Enforcement Methodological Problems in International Trade, Investment and Health Law and Adjudication Ernst Ulrich Petersmann Introduction: International Economic Law as an 'imagined order' and as Incomplete, Fragmented and Under-theorized 'positive law' 1 Legal Methodology for iel: The Public Good of an Open Trading System as a Multilevel 'republic of citizens' (res publica)? a From Jurisprudence to Legal Philosophy b The 'human condition' and the 'dual nature' of Modern Legal Systems c From State-centered to Citizen-centered Conceptions of International Law? d Cosmopolitan International Economic Law? The pg of an Open Trading System as a 'republic of citizens'? 2 How to Justify and Design iel for Multilevel 'republics of citizens and peoples'? a Republican Theories of 'aggregate pgs' and 'collective action problems' b Competing Conceptions of iel and of Its Underlying 'principles of justice' c Does hrl Require Cosmopolitan Conceptions of iel and 'multilevel republicanism'? 3 'Constitutional justice', Different 'contexts of justice', Their Democratic Regulation and Judicial Clarification a Dialectic 'fragmentation' and 'integration' of Legal Systems Through Democratic, Republican and Cosmopolitan Constitutionalism b Need for Comparative Institutionalism c Need for Challenging Path-dependent iel d From 'constitutionalism 1.0' to Multilevel 'cosmopolitan constitutionalism 3.0' e Need for 'connecting' Multilevel Market Regulations Through Domestic Application of 'pgs treaties' 4 Multilevel Governance Problems of 'global pgs': From 'law and economics' towards the 'Geneva consensus' a The 'Washington consensus' on 'law and economics' in iel b The Limits of 'trade theories' for Explaining Trade Regulation c From 'justice as efficiency' to 'constitutional economics' and 'human development' d The Dialectic Evolution of iel: Towards a 'Geneva consensus' (P. Lamy) on Citizen-driven 'network governance'? e Multilevel Governance and 'regulatory competition' 5 Legal Fragmentation: How to Reconcile Investment Law and Adjudication with Human Rights? a The Transformation of International Investment Law Through Investment Treaties and Arbitration b How to Reconcile Investment Law with Human Rights Law? c The Different Perspectives of Investors, Home and Host States, Amici Curiae and Judges in isds 6 How to Reconcile Health Law and iel with Human Rights Law? The Example of Multilevel Tobacco Control Litigation a Worldwide Recognition of Rights to Health Protection b The wto Complaints against Australia's Legislation on 'plain-packaging' of Tobacco Products c 'Balancing methods' Used in wto Tobacco Control Disputes d Administration of Justice in Investor-state Tobacco Disputes? 7 Outlook: Republican and Democratic Constitutionalism Can Legitimize Multilevel Governance of pgs and 'global legal pluralism' a How to Limit the Reality of 'global legal pluralism'? b Legal, Sociological and Moral Legitimacy in Multilevel Governance of Public Goods c From the 'mandate of heaven' to 'constitutional functions' of iel in China? d China's 2014 'rule of law' Strategy: Does Law Prevail over the Communist Party? e Need for 'multilevel republicanism' in Multilevel Governance of Global 'aggregate pgs' f Conclusion: Promoting 'constitutional justice' Through Republican Rights for Local Protection of Transnational 'aggregate public goods' Index

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