Editors
- Andreas von Arnauld
- Kerstin von der Decken
- Nele Matz-Lück
Honorary Editor
- Jost Delbrück
Assistant Editor
- Kenneth Chan
Editorial Assistants
- Alexander Grimmig
- Lilo Rösch
- David Schenk
- Duncker & Humblot, Berlin 2021
- pages:
- price:
- ISBN (Print):
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- ISBN (E-Book):
Bibliographical Information
Vol. 62 (2019) of the German Yearbook of International Law considers a number of important historical and contemporary topics. Its Forum section explores the operation of the Human Rights Council, including both its successes and criticisms of its perceived shortcomings. The Focus section commemorates the 100th anniversary of the signing of the Treaty of Versailles with a series of articles exploring its impact on international law throughout the decades. General Articles in this volume put a spotlight on a number of issues relating to, amongst other things, the operation of the international courts. A number of recent developments are considered in the German Practice section in areas ranging from human rights, international criminal procedure, to the use of force.
We thank all of our authors for making this volume possible.
Contents
Forum – Comparative Disciplinary Perspectives on the Challenges Facing the Human Rights Council |
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An International Law Perspective on the Challenges Confronting the Human Rights Council |
11 | |
An International Relations Perspective on the Reform Needs of the Human Rights Council |
43 | |
Focus – The Treaty of Versailles at 100 |
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The Treaty of Versailles at 100: By Way of Introduction |
83 | |
Experiments Great and Small: Centenary Reflections on the League of Nations |
93 | |
The Versailles Peace Treaty Before the Permanent Court of International Justice: Tracing the Legalism of the Paris Settlement |
129 | |
The Peacemaking Process After the Great War and the Origins of International Criminal Law Stricto Sensu |
163 | |
The Treaties of Brest-Litovsk, Versailles and Moscow: Contesting Sovereignty and Hegemony in Eastern Europe in 1918–1939 |
189 | |
From Versailles to the Kellog-Briand Pact: Prohibiting and Justifying Aggression in the Interbellum |
211 | |
A Forgotten Lighthouse of International Law: Heinrich Lammasch and the League of Nations |
245 | |
Between Pacifism and Patriotism: Walther Schücking (1875–1935) |
275 | |
Walther Schücking Lecture |
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Progressive Development of International Environmental Law: Legislate or Litigate? |
305 | |
General Articles |
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Reapprasing the Role of Experts in Recent Cases Before the International Court of Justice |
337 | |
The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts |
371 | |
The Exercise of Discretion in International Law – Why Constraining Criteria Have a Proper Place in the Analysis of Legal Decision-Making |
407 | |
Sharing is Caring: Transboundary Hydrocarbon Deposits on the Continental Shelf |
431 | |
The Incompatibility of Intra-EU Investment Treaty Arbitration With European Union Law – Assessing the Scope of the ECJ’s Achmea Judgment |
475 | |
Western Sahara, Morocco, and the EU: Did the CJEU Get it Wrong? A Commentary of Advocate-General Wathelet’s Opinion and the CJEU Decision in the Western Sahara Campaign UK Case |
505 | |
German Practice |
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The German Constitutional Court’s Pronouncement on Self-Defence Against Non-State Actors in Syria |
539 | |
Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United State’s Drone Programme Before the Higher Administrative Court of Münster |
557 | |
German Practice Concerning the Implementation of the 2015 Paris Agreement |
581 | |
Universal Jurisdiction in Germany: Framework and Practice Insights |
599 | |
Outstanding Theses |
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Editor’s Note |
615 | |
The Consequences of Errors in the European Union’s Direct Administrative Proceedings: A Comparative Analysis of ‘Rectification’ and ‘Irrelevance’ |
617 | |
The Inter-State Application Under the European Convention on Human Rights |
621 | |
The Right to Health Regulation in Investment Arbitration as Illustrated by the Example of Philip Morris v. Uruguay |
625 | |
Contributory Fault and Investor Misconduct in Investment Arbitration |
629 | |
Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures: An Economically Informed Analysis |
633 | |
Full Protection and Security in International Investment Law |
635 | |
Sezession und Reaktion. Zur völkerrechtlichen Regelung des Sezessionsvorgangs |
639 | |
Transnational Nomads in International Law – Borders and the Migration of Peoples |
643 | |
Book Reviews |
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W. A. Schabas: The Trial of the Kaiser (REIJNTJES) | 649 | |
Harold Hongju Koh: The Trump Administration and International Law (SLOSS) | 651 | |
Gina Heathcote: Feminist Dialogues on International Law: Success, Tensions, Futures (O’DONOGHUE) |
656 | |
Steven Wheatley: The Idea of International Human Rights Law (CHINEN) | 658 | |
Marco Longobardo: The Use of Force in Occupied Territory (BOTHE) | 660 | |
Shavana Musa: Victim Reparation Under the Ius Post Bellum: An Historical and Normative Perspective (IVERSON) |
663 | |
Russell Buchan: Cyber Espionage and International Law (DELERUE) | 664 | |
Alejandro Rodiles: Coalitions of the Willing and International Law: The Interplay Between Formality and Informality (TONDINI) |
667 | |
Cindy Wittke: Law in the Twilight: International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements Between State and Non- State Parties (ZULUETA-FÜLSCHER) |
669 | |
P. Chandrasekhara Rao and Philippe Gautier: The International Tribunal for the Law of the Sea: Law, Practice and Procedure (SCHATZ) |
672 | |
Lloyd Freeburn: Regulating International Sport. Power, Authority and Legitimacy (TAMS) |
675 |