Procedures in International Law

Containing a synopsis of national bases of jurisdication (one of the first of its kind) international law is presented here through litigation. Legal procedures determine what the law is. The great variety of procedures which determine international law including diplomatic means are comprehensively examined. This perspective is original and helps to explain foreign policy expediences and conflicting prescriptive rules. Written as an academic study the book is also meant to benefit those practising in the field.

Auteur

Gernot Biehler lectures in international law both public and private at Trinity College Dublin. As former Head of Delegation at the NATO Council of Legal Advisers, the UN, The Hague Conference on Private International Law, UNIDROIT, and as Government Counsel before national and international courts and as a diplomat he relies on broad experience to provide insights in the working of international law and litigation. Author of "International Law in Pracitce" (Thomson Round Hall 2005) and other publications in the field and educated in Berlin and Cambridge his research seeks to benefit both academia and practice alike.

Texte du rabat

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague's and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.

Contenu

A Procedural Perspective in Law.- Procedures in International Law.- The Quest and the Notion.- National Legal Procedures.- Limiting National Jurisdiction by Procedural Means.- Substantive International Law Before National Fora.- International Legal Adjudication.- Alternative Methods of Dispute Resolution.- Conflicts Between Adjudicators Applying International Law.