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Peace through International Law The Role of the International Law Commission. A Colloquium at the Occasion of its Sixtieth Anniversary

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Main Data

Editor:	Georg Nolte
Title:	Peace through International Law The Role of the International Law Commission. A Colloquium at the Occasion of its Sixtieth Anniversary
Publisher:	Springer-Verlag
ISBN/ISSN:	9783642033803
Edition:	1
Price:	CHF 70,20
Publication date:	01/01/2009

Content

Category:	Recht/Jurisprudenz
Language:	English

Technical Data

Pages:	197
Kopierschutz:	DRM
Geräte:	PC/MAC/eReader/Tablet
Formate:	PDF

Table of contents

Georg Nolte Excellencies, dear Colleagues, Ladies and Gentlemen, I welcome you to our colloquium on the occasion of the sixtieth an- versary of the International Law Commission. The Ludwig Maximilians University of Munich and the Humboldt University of Berlin are happy that you have followed our invitation. We are particularly proud that a majority of the members of the Int- national Law Commission have accepted our invitation. The presence of one former member of the Commission deserves special mention: Bruno Simma is now not only a Judge at the International Court of J- tice but also, if I may say so, the 'local hero', having held the wond- ful Chair for International Law at the University of Munich for more than thirty years. He is still living in Munich when he is not in The Hague. We are glad that participants have come from nearby, from neighbouring regions and countries, as well as from countries as far away as Brazil and China. I am personally very content that our group represents a fine mixture of experienced international lawyers and younger colleagues and students. This composition gives us the opp- tunity for fruitful exchanges, and for the ILC to reach out and to - ceive feedback. The International Law Commission needs no introduction. Like a few happy persons, at age sixty it can look back onto a largely successful - reer.

Table of contents

	Acknowledgements	6
	Table of Contents	7
	I. Introduction	10
	Introduction	11
	Address	13
	Address	15
	II. State Responsibility and Peace	18
	The Normative Environment for Peace On theContribution of the ILCs Articles on StateResponsibility	19
	I. Introduction	19
	II. State Responsibility as a Means to PromoteInternational Peace	21
	1. An Intuitive Assumption	21
	2. Three Objections	23
	III. The Conceptual Objection: The ILC Articles asSecondary Rules	25
	1. World Order Issues in the Drafting History of the ILC Articles	25
	2. Peace Through the Maturing of the International Legal Order?	27
	3. The Issue of Self-Judgment and the Culture of Formalism	29
	IV. The Objection of Diminishing Relevance	34
	1. The Emergence of New Mechanisms	34
	2. New Functions of the Law of State Responsibility	38
	3. The Case of International Organizations	40
	V. The Realist Objection: State Responsibility and HardCases	43
	1. A Mixed Balance	43
	2. The Discussion on Responsibility for Harbouring TerroristGroups	47
	VI. Concluding Remarks	49
	Comment: State Responsibility and Peace	53
	I. Introduction	53
	II. State Responsibility and Post Conflict Peace Building	53
	III. Issues of Self-defense	54
	IV. Responsibility of International Organizations	55
	V. Responsibility for Violation of Obligations Erga Omnes	56
	VI. Conclusion	57
	Comment: The Impact of Security CouncilResolutions on State Responsibility	58
	I. Introduction	58
	II. The Impact of Binding Decisions	59
	III. The Effects of Non-Binding Resolutions	61
	IV. Resolutions Concerning Serious Breaches ofObligations under Peremptory Norms	63
	V. The Requirement of Validity of Security CouncilResolutions	64
	Comment: State Responsibility and Peace	66
	III. The Law of Treaties and Peace	70
	The Merits of Reasonable Flexibility: TheContribution of the Law of Treaties to Peace	71
	I. Introduction	71
	II. Creating the Regime: A Short History of the ViennaConvention on the Law of Treaties	73
	III. Peace through Law: Does the Law of Treaties MakeTreaties a Stabilising Factor?	76
	IV. The Principles of a Stable Treaty Regime	81
	1. Pacta Sunt Servanda	81
	2. Reasonable Flexibility	82
	3. Limits to Flexibility	86
	V. The Limits of World Order: Peremptory Norms andTermination / Suspension of Treaties	88
	1. Termination and Suspension	88
	2. The Peremptory Nature of Ius Cogens: Invalidity and Terminationby Application of Articles 53 and 64	96
	3. Unequal Treaties	102
	VI. Conclusion	106
	Comment: The Contribution of the Law ofTreaties to Peace	109
	I. Main Thesis	109
	II. Identification of Assumptions	110
	III. Alternative Approach	111
	Comment: The Vienna Convention on the Lawof Treaties and its Contribution to Peace	114
	I. Introduction	114
	II. Codification vs. Customary International Law	114
	III. The Vienna Convention on the Law of Treaties:Stability or Flexibility	117
	1. The Vienna Convention as an Instrument of Stabilization	117
	2. Grounds for Adjustment not Foreseen in the Vienna Convention	117
	3. Conclusion	118
	IV. The Need for Change: A Proposal	119
	Comment: The Contribution of the Law ofTreaties to Peace	121
	IV. International Law of Shared NaturalResources and Peace	124
	The Benefits of Positivism: The ILCsContribution to the Peaceful Sharing ofTransboundary Groundwater	125
	I. Introduction	125
	II. Conflicts Concerning Natural Resources	126
	1. Environmental Law and International Security	126
	2. The Geographical Sharing of Resources	129
	3. International Law Applicable to Groundwater	132
	III. Peace Through the Law of Transboundary Aquifers	134
	1. Why Legal Regulation?	135
	2. Why the Legal Regulation the ILC Has Adopted?	141
	IV. Excluded Topics	146
	1. Water Resources Exclusively Under the Jurisdiction of One State	146
	2. Dispute Settlement	148
	V. A Framework for Peace: Conclusions	149
	Comment: International Law of Shared NaturalResources and Peace	151
	Comment: Trends in the Law Applicable toFreshwaters	156
	I. Introduction	156
	II. The ILCs Work on International Freshwater Law andits Relation to More Specific Instruments	157
	1. The Negotium and Instrumentum Notions in the ILCs Work	158
	2. The Concept of lex specialis	161
	III. Prevention and dispute settlement	162
	1. Judicial procedures	163
	2. Joint Bodies and Commissions	165
	IV. Conclusion	170
	Comment: The ILCs Contribution to thePeaceful Sharing of TransboundaryGroundwater	172
	V. Concluding Discussion	175
	The ILC and Informalization	176
	The Role of the ILCs Work in Promoting Peaceand Security Definition and Evaluation	180
	Peace through Law: The Role of the ILC	185
	List of Contributors	189
	Authors of the main presentations	189
	Commentators	190