Survey Of International Arbitrations 1794 1938

When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 {sect} 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations." The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.

This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

Examines many seminal experiments in international adjudication and the origins of several major existing international courts.

This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson’s terms. It analyzes China’s violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal. It pays attention to Chinese post-arbitration critiques of the Tribunal ’s decision, which it characterizes as rationalizations of collisions as instruments of Chinese foreign policy. It contrasts China’s conduct with the practice of the US and Western European States, which mandate compliance with collision regulations even during law enforcement operations. The book draws on sources in five languages (English, French, German, Italian, and Spanish), and helps the reader understand the pattern of China’s harassment of vessels from littoral and non-littoral States in the South China Sea as well as the absence of legal foundations for China’s rationalizations of its behavior.