Les Conflits Dinterets En Arbitrage Commercial International

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Party-Appointed Arbitrators in International Commercial Arbitration

Author : Alfonso Gómez-Acebo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166858
Total Pages : 240 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Party-Appointed Arbitrators in International Commercial Arbitration by : Alfonso Gómez-Acebo

Download or read book Party-Appointed Arbitrators in International Commercial Arbitration written by Alfonso Gómez-Acebo and published by Kluwer Law International B.V.. This book was released on 2016-04-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The agreement of disputing parties to each make a unilateral appointment of an arbitrator is among the most distinctive features of arbitral practice. A detailed examination, long overdue, of how this feature affects the actual process of arbitration is presented in this book. The study includes a historical analysis of unilateral nominations, a critical assessment of how the unilateral appointments system currently works and an empirical study of challenges of arbitrators. The author's critical assessment addresses several issues including: - limits to the right of the parties to make unilateral appointments; - the principle of equality of the parties in the constitution of the arbitral tribunal; - arbitrators’ duty to be impartial and independent; - specific problems of bias in tribunals with party-appointed members; - the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense; - the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot; and - the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals, or keeping it at all. The empirical study, in which the author offers a comparative analysis of challenges of arbitrators taking into account the method of appointment of the arbitrator, reveals interesting differences and coincidences between party-appointed and non-party-appointed arbitrators. The book ends with some suggestions on how the system of unilateral appointments could be improved, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get. For both its thorough and well-informed analysis and its sound recommendations, the book is sure to be welcomed by professionals in the arbitral community worldwide, as well as by arbitration law academics.

Economic Analysis of the Arbitrator’s Function

Author : Bruno Guandalini
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522704
Total Pages : 360 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Economic Analysis of the Arbitrator’s Function by : Bruno Guandalini

Download or read book Economic Analysis of the Arbitrator’s Function written by Bruno Guandalini and published by Kluwer Law International B.V.. This book was released on 2020-06-16 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.

International Commercial Arbitration

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154159
Total Pages : 5674 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Swiss International Sports Arbitration Reports (SISAR) - Vol. 1

Author : Paolo Michele Patocchi
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518086
Total Pages : 632 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Swiss International Sports Arbitration Reports (SISAR) - Vol. 1 by : Paolo Michele Patocchi

Download or read book Swiss International Sports Arbitration Reports (SISAR) - Vol. 1 written by Paolo Michele Patocchi and published by Juris Publishing, Inc.. This book was released on 2012-06-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Swiss International Sports Arbitration Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court in setting aside proceedings against awards made by Court of Arbitration for Sport (CAS) panels, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented parallel to the original text of each decision, and is preceded by a head note and a summary of the decision for the reader in a hurry. The importance of the CAS based in Lausanne is well known to all practitioners engaged in sports law and arbitration. It was once famously described as the "Supreme Court of World Sports." Whether a CAS panel decides in ordinary arbitration proceedings or in an appeal brought against the decision of a federation, association or sports related body, the Swiss Federal Supreme Court in Lausanne has the last word where the dissatisfied party challenges the CAS panel’s decision in court proceedings.This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration. This publication will be of great use to arbitrators, parties, lawyers involved in sports arbitration as well as commentators who will benefit from access to case law in one key jurisdiction for international sports arbitration.

Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration

Download Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration PDF Online Free

Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833718
Total Pages : 550 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration by : Alexander J. Bělohlávek

Download or read book Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-04-01 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important case law - where international arbitration and the courts meet - from Bulgaria, the Czech Republic, Hungary, Poland and Russia. To ensure the integrity and quality of the CYArb, it boasts an Advisory Board featuring leading arbitration figures of the region, including: Anton Baier, Vienna, Austria Silvy Chernev, Sofia, Bulgaria Sir Anthony Colman, London, UK Bohuslav Klein, Prague, Czech Republic Pierre Lalive, Geneva, Switzerland Piotr Nowaczyk, Warsaw, Poland Ivan Szász, Budapest, Hungary Stanislaw Soltysiński, Warsaw, Poland Jozef Suchoža, Košice, Slovak Republic Vladimír Týč, Brno, Czech Republic A vital component of the CYArb is the unprecedented cooperation from the leading academic and arbitral institutions in the field: In the Czech Republic, this endeavor has the cooperation of the following institutions: – Faculty of Law, Charles University, Prague, – Faculty of Law, Masaryk University, Brno, – Faculty of Law, University of West Bohemia, Pilsen, – Faculty of Law, Palacký University, Olomouc, – Institute of State and Law, Academy of Sciences of the Czech Republic In the Slovak Republic: – Institute of State and Law, Slovak Academy of Sciences, A large degree of collaboration was provided by the permanent arbitration courts and other institutions in the region: · International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) · Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania · Arbitration Court attached to the Hungarian Chamber of Commerce and Industry · Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic · Arbitration Court attached to the Czech-Moravian Commodity Exchange · ICC National Committee Czech Republic · The Court of Arbitration at the Polish Chamber of Commerce The degree of collaboration and cooperation from leading individuals, academic and arbitral institutions, allows the CYArb to fulfill its goal of being the leading Yearbook on arbitration developments and case law for the region.

Swiss International Arbitration Law Reports, 2007-2009 Vols. 1-3

Author : Paolo Michele Patocchi
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518043
Total Pages : 1604 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Swiss International Arbitration Law Reports, 2007-2009 Vols. 1-3 by : Paolo Michele Patocchi

Download or read book Swiss International Arbitration Law Reports, 2007-2009 Vols. 1-3 written by Paolo Michele Patocchi and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1604 pages. Available in PDF, EPUB and Kindle. Book excerpt: he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.

Collection of ICC Arbitral Awards 2012 – 2015

Author : Jean-Jacques Arnaldez
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506024
Total Pages : 904 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Collection of ICC Arbitral Awards 2012 – 2015 by : Jean-Jacques Arnaldez

Download or read book Collection of ICC Arbitral Awards 2012 – 2015 written by Jean-Jacques Arnaldez and published by Kluwer Law International B.V.. This book was released on 2018-12-21 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collection of ICC Arbitral Awards 2012-2015 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements six previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000, 2001-2007 and 2008-2011. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: – a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; – a chronological index lists the awards; – a key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.

Recueil Des Cours, Collected Courses, 1938

Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028610323
Total Pages : 630 pages
Book Rating : 4.6/5 (13 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1938 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Collected Courses, 1938 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1973-07-01 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Ontario Government Publications Annual Catalogue

Author :
Publisher :
ISBN 13 :
Total Pages : 1118 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Ontario Government Publications Annual Catalogue by :

Download or read book Ontario Government Publications Annual Catalogue written by and published by . This book was released on 1988 with total page 1118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration of International Business Disputes

Author : William W. Park
Publisher : OUP Oxford
ISBN 13 : 0191634816
Total Pages : 1096 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Arbitration of International Business Disputes by : William W. Park

Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

New Developments in Civil and Commercial Mediation

Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 785 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis New Developments in Civil and Commercial Mediation by : Carlos Esplugues

Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Democracy and Sovereignty

Author : Daniel Erasmus Khan
Publisher : BRILL
ISBN 13 : 9004508716
Total Pages : 460 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Democracy and Sovereignty by : Daniel Erasmus Khan

Download or read book Democracy and Sovereignty written by Daniel Erasmus Khan and published by BRILL. This book was released on 2022-11-28 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.

Recueil Des Cours, Collected Courses, 1931

Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028607422
Total Pages : 708 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1931 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Collected Courses, 1931 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ontario Government Publications

Author :
Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Ontario Government Publications by :

Download or read book Ontario Government Publications written by and published by . This book was released on 1988 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cumulates monthly issues and includes additional material.

Due Process and Anti-competitive Practices

Author :
Publisher :
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Due Process and Anti-competitive Practices by :

Download or read book Due Process and Anti-competitive Practices written by and published by . This book was released on 1994 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports presented at a seminar organized by the Institute in March 1993.

General Reports and Proceedings

Author : International Society for Labour Law and Social Security. International Congress
Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis General Reports and Proceedings by : International Society for Labour Law and Social Security. International Congress

Download or read book General Reports and Proceedings written by International Society for Labour Law and Social Security. International Congress and published by . This book was released on 1978 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Legal Order: Current Needs and Possible Responses

Author : James Crawford
Publisher : BRILL
ISBN 13 : 9004314377
Total Pages : 843 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The International Legal Order: Current Needs and Possible Responses by : James Crawford

Download or read book The International Legal Order: Current Needs and Possible Responses written by James Crawford and published by BRILL. This book was released on 2017-04-03 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.