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Reflections on International Law from the Low Countries

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ISBN13: 9789041105035
ISBN: 9041105034
Published: February 1998
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



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This volume brings together 28 essays especially written by international lawyers based in or associated with the Netherlands and Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam.;The topics considered are clustered around the main foci of the research interests of Paul de Waart, including: economic law and development, human rights, international criminal jurisdiction, the United Nations and peace and security, the protection of cultural property and the environment, and international dispute settlement.;The international law communities in the Low Countires are linked through many bonds such as language (Dutch and Flemish), legal history, common teachers and frequent inter-university contacts. As such this text may be viewed as a reflection of international law studies as they are practised in these two countries in the late 20th century.

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Contents:
Paul de Waart - a tireless advocate of the rule of law in international relations, E. Denters and N. Schrijver.
Part 1 International economic law and development: ten years after the ILA Declaration of Seoul, P. VerLoren van Themaat; some serendipitous findings in BITs - the Barcelona traction case and the reach of bilateral investment treaties, P. Peters; the preferential status of developing countries in international trade law after the Uruguay Round, W.D. Verwey; taxation of foreign investment in China, Yuwen Li; principles of cooperation for development in ACP-EC relations, K. Arts.
Part 2 Human rights: promoting human rights in the global market place, K. Hossain; ""human rights human efforts"" - an inquiry into the dialectics of idea and project, B. de Gaay Fortman; mobilization of the conscience of mankind - conditions of effectivenes of human rights NGOs, P.R. Baehr; diplomatic immunity in modern international law, H.G. Schermers; prevention, early warning and urgent procedures - a new approach by the committee on the elimination of racial discrimination, T. van Boven; women's rights and the right to complain - towards an optional protocol to the women's convention?, C. Flinterman; suitable employment as a human right, F.J. Smit.
Part 3 International criminal jurisdiction: the international humanitarian fact-finding commission - its birth and early years, F. Kalshoven; international adjudication of war crimes, G. Tanja; the role of an international criminal court in the light of the principle of complementarity, A. Bos; the international criminal tribunal's power to issue subpoena duces tecum, P. Malanczuk; beyond the limits of the territoriality principle, E.M.H. Hirsch Ballin.
Part 4 The United Nations and peace and security: provisional measures of the UN Security Council, P. Kooijmans; rapid deployment - a capacity gap, D.A. Leurdijk; the convention on the safety of United Nations and associated personnel - its scope of application, R. Siekmann; reconsidering the legal relevance of structural violence, I.F. Dekker.
Part 5 The protection of cultural property, human genetics and the environment: the application of the Unidroit Convention on stolen or illegally exported cultural objects in relations between member states of the European Union, J.A. Winter; citizens' rights and human rights in the fields of human genetics and embryology - a survey, M. Cogen; ecospace rights - sharing or dividing, J. Gupta.
Part 6 International dispute settlement: reflections on some recent incidental proceedings before the international court of justice, K.C. Wellens; the indispensable parties rule in the East Timor case, N. Sybesma-Knol; third parties in GATT/WTO dispute settlement proceedings, F. Weiss; the bailiff and the obligations of the state under public international law, B. Barnhoorn; annexes.