Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 34 (2021)

Erscheinungsjahr 2023
ISBN: 978-90-04-54478-9
Verlag: Brill Academic Publishers

Buch, Englisch, Band 34, 234 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 534 g

Reihe: Hague Yearbook of International Law / Annuaire de La Haye de Droit International

The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.

In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.

Autoren/Hrsg.

Bonnevalle-Kok, Ruth

Weitere Mitwirkende

Vidmar, Jure

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Contents

Editorial vii

Notes on Contributors x

1 Reviving the Doctrine of International Legal Personality

International Courts and Tribunals as De Jure and De Facto Legal Persons in International Law 1

Neil Nucup

2 Investment Arbitration as a Forum for Enforcement of Commercial Arbitration Awards 33

Aniruddha Rajput

3 Margin of Appreciation: A Model for Immigration Reform in the United States during COVID-19 75

Bethany Gamble

4 Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction

A Pathway to Better Outcomes 89

Maeve Claffey

5 The Role of Domestic Courts in the Prosecution of International Crimes

Why Functional Immunity of Foreign State Officials Is Not an Obstacle to the Jurisdiction of National Courts 119

Alejandro Ortega Navarro

6 Closing the Preliminary Examination in Colombia Should Not Mean Closing the Eyes

Why the Jurisdicción Especial para la Paz Still Faces Challenges in Interpreting ‘Command Responsibility’ in Accordance with the Rome Statute 147

Jana Kreulach

7 The CJEU’s Reasoning in Slovenia v Croatia: A Dispute Ancillary to Another Dispute, but Which One? 181

Jure Vidmar

8 The Gambia vs The Union of Myanmar under the Genocide Convention

A Case Doomed to Fail 205

Andrés H. Cáceres-Solari

Über Autor(innen)

Prof. Jure Vidmar is Chair of Public International Law at Maastricht University (The Netherlands). Prior to coming to Maastricht, he held teaching and research positions at the University of Oxford, Harvard Law School, University of Amsterdam and University of Nottingham. He is also affiliated with the Faculty of Law, University of Pretoria. Jure has published widely in several areas of international law. His books include Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice, Oxford, Hart, 2013, Runner-up for the Birks Prize for Outstanding Legal Scholarship in 2014) and Hierarchy in International Law: The Place of Human Rights (Oxford, OUP, 2012, with Erika de Wet).

Prof. Ruth Bonnevalle-Kok is Associate Professor of Criminal Law and Criminal Procedure at the Faculty of Law of the University of Aruba. She was a Senior Legal Advisor at the Legal and Operational Affairs Department of the Ministry of Security and Justice of The Netherlands. Until 2014 she was a Member of the Legal Research Office (Section Criminal Law) of the Supreme Court of The Netherlands and served as a Substitute Judge at the district court. In 2007 she received her PhD from Amsterdam University for her doctoral thesis on Statutory Limitations in International Criminal Law. She obtained her Law degree from Leiden University (The Netherlands). Her main expertise is (international) criminal law.