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
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
Table of Contents7
I. Introduction10
II. State Responsibility and Peace18
The Normative Environment for Peace  On theContribution of the ILCs Articles on StateResponsibility19
I. Introduction19
II. State Responsibility as a Means to PromoteInternational Peace21
1. An Intuitive Assumption21
2. Three Objections23
III. The Conceptual Objection: The ILC Articles asSecondary Rules25
1. World Order Issues in the Drafting History of the ILC Articles25
2. Peace Through the Maturing of the International Legal Order?27
3. The Issue of Self-Judgment and the Culture of Formalism29
IV. The Objection of Diminishing Relevance34
1. The Emergence of New Mechanisms34
2. New Functions of the Law of State Responsibility38
3. The Case of International Organizations40
V. The Realist Objection: State Responsibility and HardCases43
1. A Mixed Balance43
2. The Discussion on Responsibility for Harbouring TerroristGroups47
VI. Concluding Remarks49
Comment: State Responsibility and Peace53
I. Introduction53
II. State Responsibility and Post Conflict Peace Building53
III. Issues of Self-defense54
IV. Responsibility of International Organizations55
V. Responsibility for Violation of Obligations Erga Omnes56
VI. Conclusion57
Comment: The Impact of Security CouncilResolutions on State Responsibility58
I. Introduction58
II. The Impact of Binding Decisions59
III. The Effects of Non-Binding Resolutions61
IV. Resolutions Concerning Serious Breaches ofObligations under Peremptory Norms63
V. The Requirement of Validity of Security CouncilResolutions64
Comment: State Responsibility and Peace66
III. The Law of Treaties and Peace70
The Merits of Reasonable Flexibility: TheContribution of the Law of Treaties to Peace71
I. Introduction71
II. Creating the Regime: A Short History of the ViennaConvention on the Law of Treaties73
III. Peace through Law: Does the Law of Treaties MakeTreaties a Stabilising Factor?76
IV. The Principles of a Stable Treaty Regime81
1. Pacta Sunt Servanda81
2. Reasonable Flexibility82
3. Limits to Flexibility86
V. The Limits of World Order: Peremptory Norms andTermination / Suspension of Treaties88
1. Termination and Suspension88
2. The Peremptory Nature of Ius Cogens: Invalidity and Terminationby Application of Articles 53 and 6496
3. Unequal Treaties102
VI. Conclusion106
Comment: The Contribution of the Law ofTreaties to Peace109
I. Main Thesis109
II. Identification of Assumptions110
III. Alternative Approach111
Comment: The Vienna Convention on the Lawof Treaties and its Contribution to Peace114
I. Introduction114
II. Codification vs. Customary International Law114
III. The Vienna Convention on the Law of Treaties:Stability or Flexibility117
1. The Vienna Convention as an Instrument of Stabilization117
2. Grounds for Adjustment not Foreseen in the Vienna Convention117
3. Conclusion118
IV. The Need for Change: A Proposal119
Comment: The Contribution of the Law ofTreaties to Peace121
IV. International Law of Shared NaturalResources and Peace124
The Benefits of Positivism: The ILCsContribution to the Peaceful Sharing ofTransboundary Groundwater125
I. Introduction125
II. Conflicts Concerning Natural Resources126
1. Environmental Law and International Security126
2. The Geographical Sharing of Resources129
3. International Law Applicable to Groundwater132
III. Peace Through the Law of Transboundary Aquifers134
1. Why Legal Regulation?135
2. Why the Legal Regulation the ILC Has Adopted?141
IV. Excluded Topics146
1. Water Resources Exclusively Under the Jurisdiction of One State146
2. Dispute Settlement148
V. A Framework for Peace: Conclusions149
Comment: International Law of Shared NaturalResources and Peace151
Comment: Trends in the Law Applicable toFreshwaters156
I. Introduction156
II. The ILCs Work on International Freshwater Law andits Relation to More Specific Instruments157
1. The Negotium and Instrumentum Notions in the ILCs Work158
2. The Concept of lex specialis161
III. Prevention and dispute settlement162
1. Judicial procedures163
2. Joint Bodies and Commissions165
IV. Conclusion170
Comment: The ILCs Contribution to thePeaceful Sharing of TransboundaryGroundwater172
V. Concluding Discussion175
The ILC and Informalization176
The Role of the ILCs Work in Promoting Peaceand Security  Definition and Evaluation180
Peace through Law: The Role of the ILC185
List of Contributors189
Authors of the main presentations189