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Vol 21 No 9 Sept/Oct 2016

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Contemporary Roles of Legal Advisers in International Law

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Edited by: Andraz Zidar, Jean-Pierre Gauci

ISBN13: 9789004280298
To be Published: December 2016
Publisher: Martinus Nijhoff Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £207.00

Contemporary Roles of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in interpretation, development and application of international law.

Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system.

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Public International Law
About BIICL; Preface by Dame Rosalyn Higgins; Authors’ Biographies
1. Zidar and Gauci Introduction: Legal Advisers as the Visible College of International Lawyers
Part 1: United Kingdom
2. Anderson: The Functions of the Legal Adviser: Advising, Negotiating, Litigating
3. Macleod: The FCO’s Legal Advisers and Contemporary Challenges
4. Gladstone: The Legal Adviser and International Disputes: Preparing to Commence or Defend Litigation or Arbitration
Part 2: Comparative perspectives
5. Wood: Legal Advisers
6. Kingston: Organisation and Context for the Work of the Legal Adviser: The Legal Division of the Department of Foreign Affairs and Trade of Ireland
7. Gutiérrez Ruiz: The Experience of Legal Advisers in Costa Rica: A Case for Peaceful International Law
8. McCosker: The Intersecting Professions of the International Law Adviser and Diplomat in a Rising Asia: Australia, India and Malaysia
9. Kita: The Legal Advice System of the Ministry of Foreign Affairs of JAPAN: Between Legal Advisers and Foreign Policy Makers
10. Valek: The Different Roles of the Czech Legal Adviser: From a Watchdog to a Headhunter
Part 3: Personal reflections
11. Tladi: Reflection on Advising the South African Government on International Law
12. Alabrune: The Case of the Legal Advisor to the French Ministry of Foreign Affairs
13. Rohnquist: The Role of Legal Advisers in International Law: The Swedish Experience
14. Corell: Personal Reflections on the Role of the Legal Adviser: Between Law and Politics, Authority and Influence
Part 4: Functional developments
15. Gussetti: Legal Advisers and the European Union: A new Perspective to Cooperation in International Law
16. Hill: The Role of NATO’s Legal Adviser
17. Hughes: The Role of the Legal Adviser in the World Trade Organization
18. Quayle: Legal Advisers and International Organisations: The Convergence of Interior and Exterior Legal Obligations
Part 5: Professional requirements
19. Purdasy: The Competency-based Legal Adviser
20. Koh: The Legal Adviser’s Duty to Explain
21. Zidar: Legal Advisers and Professional Ethics
Part 6: Evolving fields
22. Koskenniemi: The Place of Law and the Role of Legal Advisers in Collective Security
23. Kuhn & Berger: Legal Advisers in the Armed Forces
24. Donatantonio: The Monitoring, Mentoring and Advising Role Exercised by International or Rule of Law Missions in the Prosecutorial Area
Concluding part
25. Gauci&Jones: Conference Report
26. Berman: Conclusion