Text no. 1: The variety of topics covered and the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested and established fields and branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors and specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law and Human Rights, focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts and scholars and that is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts and scholars which is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested and established field of law and those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The richness of the festschrift is m.

How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.

This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.

Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and demonstrates that the international judge focuses on peacekeeping considerations. Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.

Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.

In Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.