Justice in International Law
Further Selected Writings

A collection of Judge Stephen M. Schwebel's essays on international law, adjudication and arbitration.

Stephen M. Schwebel (Author)

9781107005372, Cambridge University Press

Hardback, published 19 May 2011

384 pages, 1 b/w illus.
23.5 x 15.7 x 2.1 cm, 0.72 kg

'… [this] book is in every way an exposition of the fact that justice does exist, and that it is capable of being realized in international adjudication. For students and scholars of the subject, [it] is an invaluable resource.' Zoilo Velasco, Yale Journal of International Law

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

Part I. International Court of Justice: 1. Reflections on international adjudication
2. The impact of the International Court of Justice
3. The politics of adjudication
4. National judges and judges ad hoc of the International Court of Justice
5. The roles of the Security Council and the International Court of Justice in the application of international humanitarian law
6. The interactive influence of the International Court of Justice and the International Law Commission
7. A site visit of the Court
8. The proliferation of international tribunals: threat or promise?
9. The Gulf of Maine Maritime Boundary Delimitation: Constitution of the Chamber
10. The judgment of the International Court of Justice in the case concerning the Gabcikivo–Nagymaros project
11. Gorbachev embraces compulsory jurisdiction
Part II. International Arbitration: 12. A BIT about ICSID
13. The influence of bilateral investment treaties on customary international law
14. The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law
15. The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law
16. Anti-suit injunctions in international arbitration: an overview
17. The law applicable in international arbitration: public international law
18. The validity of an arbitral award rendered by a truncated tribunal
19. The authority of a truncated tribunal
20. Injunction of arbitral proceedings and truncation of the tribunal
21. Public policy and arbitral procedure
22. The creation and operation of an International Court of arbitral awards
23. The kingdom of Saudi Arabia and Aramco litigate the Onassis Agreement
24. The Southern Bluefin Tuna case
25. Does the consent of the contracting parties govern the requirement of an 'investment' as specified in Article 25 of the ICSID Convention?
Part III. Miscellaneous: 26. May preparatory work be used to correct rather than to confirm the 'clear' meaning of a treaty provision?
27. Clean hands, principle
28. Compound interest in international law
29. The prescience and pertinence of the ILO
30. Is mediation of foreign investment disputes plausible?
31. Hersch Lauterpacht: fragments for a portrait
32. The collected papers of Hersch Lauterpacht.

Subject Areas: Criminal justice law [LNFB], Public international law [LBB], Law [L], International relations [JPS]