sending...Editors
- Andreas von Arnauld
- Kerstin Odendahl
- Nele Matz-Lück
Honorary Editor
- Jost Delbrück
Assistant Editors
- Avril Rushe
- Wiebke Staff
Bibliographical Information
- Duncker & Humblot, Berlin 2015
- 756 pages
- €149.90
- ISBN: 978-3-428-14796-0 (Print)
- €134.90
- ISBN: 978-3-428-54796-8 (E-Book)
(order from Duncker & Humblot)
In the year of the 100th anniversary of the Walther Schücking Institute for International Law where the GYIL is edited, Vol. 57 looks at a text by its founder Theodor Niemeyer and deals with philosophical and political questions of (legal) science within the “Forum”.
The “Focus Section” considers the position of the law of the sea in the 21st century. Participants of the March 2014 conference in Kiel present articles on the development of fundamental issues pertaining to the law of the sea, i.a. the domination of land over sea or institutional developments, as well as current challenges, e.g. the exploitation of deep sea resources, maritime security, and dispute settlement in multi-layered constellations.
The subjects of “General Articles” range from fundamental questions regarding the sources of law to the relationship between public international and EU law, the application of the Monetary Gold principle, issues of competence of the European Court of Human Rights, consequences of the Kadi jurisprudence, and to matters of international criminal law such as immunity and the right to a lawful judge.
Articles in the final section discuss “German Practice” relating i.a. to the (il)legality of the Kosovo intervention, to a possible compensation in the Kunduz case, to the human right to privacy in the digital age, to UNESCO intangible cultural heritage, and to the reference decision of the Federal Constitutional Court regarding the OMT Decision of the ECB.
We thank all of our authors for making this volume possible.
Contents
Forum – 1914-2014 Niemeyer’s International Law Revisited |
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Reflections upon Reflections: Koskenniemi on Niemeyer |
11 | |
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Tasks of the Future Science of Public International Law |
13 | |
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International Law as ‘Science’ – Reflections on a Mandarin Essay |
27 | |
Focus – Law of the Sea in the 21st Century |
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The Law of the Sea as a Research Focus in Kiel: Looking Back and Moving Ahead |
37 | |
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Can the UNCLOS Address Challenges of the 21st Century? |
43 | |
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The Principle of the Domination of the Land over the Sea: A Historical Perspective on the Adaptability of the Law of the Sea to New Challenges |
63 | |
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Evolution of the Law of the Sea from an Institutional Perspective |
95 | |
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Formal and Informal Processes in the Contemporary Law of the Sea at the United Nations, a Practitioner’s View |
111 | |
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The Institutional Application of the Law of Dédoublement Fonctionnel in Marine Environmental Protection: A Critical Assessment of Regional Regimes |
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The Exploitation of Resources of the Deep Seabed and the Protection of the Environment |
181 | |
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Maritime Security: Cooperative Means to Address New Challenges |
209 | |
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Dispute Settlement in Multi-Layered Constellations: International Law and the EU |
225 | |
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Power and Purpose of Ecolabelling: An Examination Based on the WTO Disputes Tuna II and COOL |
255 | |
General Articles |
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On Self-Reflectivity, Performativity, and Conditions for Existence of Sources of Law in International Law |
289 | |
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Third States and the Jurisdiction of the International Court of Justice: The Monetary Gold Principle |
321 | |
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Implied Constitutional Competence of the European Court of Human Rights |
353 | |
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The Silence of the Treaties: General International Law and the European Union |
375 | |
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Legal Conflicts in the Protection of Traditional Knowledge and Intellectual Property in International Law |
411 | |
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International Criminal Tribunals and the Right to a Lawful Judge |
443 | |
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State Immunity and Criminal Proceedings: Why Foreign Officials Cannot Enjoy Immunity Ratione Materiae from the Legal Process of Extradition |
477 | |
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Avoiding Kadi – ‘Pre-emptive Compliance’ with Human Rights when Imposing Targeted Sanctions |
507 | |
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The Uncertain Fate of the African Court on Human and Peoples’ Rights: The Problematic Merger with the African Court of Justice and the Establishment of an International Criminal Law Section |
541 | |
German Practice |
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At last! Germany Admits Illegality of the Kosovo Intervention |
581 | |
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Germany’s Role in the Destruction of Syrian Chemical Weapons |
597 | |
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Recent Developments in German Case Law on Compensation for Violations of International Humanitarian Law |
613 | |
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Ending Impunity for the Bottommost Caste: German Practice in Relation to Domestic Workers in Diplomatic Households |
633 | |
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The Right to Privacy in the Digital Age: The Commitment to Human Rights Online |
651 | |
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The Convention for the Safeguarding of the Intangible Cultural Heritage and Its Relevance for Germany |
667 | |
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Watercourses: The UN Convention and Germany’s International Treaties |
683 | |
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The German Federal Constitutional Court’s First Reference for a Preliminary Ruling to the European Court of Justice |
701 | |
Book Reviews |
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| Alessandro Chechi: The Settlement of International Cultural Heritage Disputes (Weller) | 723 | |
| Andrew Clapham/Paola Gaeta (eds.): The Oxford Handbook of International Law in Armed Conflict (Ipsen) | 725 | |
| Oliver Dörr/Rainer Grote/Thilo Marauhn (eds.): EMRK/GG: Konkordanzkommentar zum europäischen und deutschen Grundrechtsschutz (Johann) | 729 | |
| Hazel Fox CMG QC/Philippa Webb: The Law of State Immunity (Wittich) | 732 | |
| Dirk Pulkowski: The Law and Politics of International Regime Conflict (Berman) | 734 | |
| Ben Saul/David Kinley/Jacqueline Mowbray (eds.): The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials (Weiß) | 737 | |
| Dinah Shelton (ed.): The Oxford Handbook of International Human Rights Law (Klein) | 738 | |
| Hugh Thirlway: The Sources of International Law (d’Aspremont) | 741 | |
| Christian Walter/Antje von Ungern-Sternberg/Kavus Abushov (eds.): Self-Determination and Secession in International Law (Buszewski) | 747 | |
| Sharon Weill: The Role of National Courts in Applying International Humanitarian Law (Krieger) | 742 | |