Decisions Of The World Court Relevant To The Un Convention On The Law Of The Sea

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Decisions of the World Court relevant to the UN Convention on the Law of the Sea [electronic resource]

Author : Barbara Kwiatkowska
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041118066
Total Pages : 298 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Decisions of the World Court relevant to the UN Convention on the Law of the Sea [electronic resource] by : Barbara Kwiatkowska

Download or read book Decisions of the World Court relevant to the UN Convention on the Law of the Sea [electronic resource] written by Barbara Kwiatkowska and published by Martinus Nijhoff Publishers. This book was released on 2002-05-07 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering publication provides A Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of A Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Author : Angela Del Vecchio
Publisher : Springer
ISBN 13 : 3030107736
Total Pages : 437 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals by : Angela Del Vecchio

Download or read book Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals written by Angela Del Vecchio and published by Springer. This book was released on 2019-04-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

Decisions of the World Court Relevant to the UN Convention on the Law of the Sea

Author : Barbara Kwiatkowska
Publisher : BRILL
ISBN 13 : 9004184848
Total Pages : 465 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Decisions of the World Court Relevant to the UN Convention on the Law of the Sea by : Barbara Kwiatkowska

Download or read book Decisions of the World Court Relevant to the UN Convention on the Law of the Sea written by Barbara Kwiatkowska and published by BRILL. This book was released on 2010-04-27 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering publication provides a Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

United Nations Convention on the Law of the Sea, 1982

Author : Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737192
Total Pages : 546 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis United Nations Convention on the Law of the Sea, 1982 by : Myron H. Nordquist

Download or read book United Nations Convention on the Law of the Sea, 1982 written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 1985 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

The Development of the Law of the Sea Convention

Author : Øystein Jensen
Publisher : Edward Elgar Publishing
ISBN 13 : 1839104260
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Development of the Law of the Sea Convention by : Øystein Jensen

Download or read book The Development of the Law of the Sea Convention written by Øystein Jensen and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Author : Angela Del Vecchio
Publisher :
ISBN 13 : 9783030107741
Total Pages : 444 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals by : Angela Del Vecchio

Download or read book Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals written by Angela Del Vecchio and published by . This book was released on 2019 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties. --

Dispute Settlement in the UN Convention on the Law of the Sea

Author : Natalie Klein
Publisher : Cambridge University Press
ISBN 13 : 1139442538
Total Pages : 457 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Dispute Settlement in the UN Convention on the Law of the Sea by : Natalie Klein

Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Judging the Law of the Sea

Author : Natalie Klein
Publisher : Oxford University Press
ISBN 13 : 0198853351
Total Pages : 465 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-15 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Cases and Materials on the Law of the Sea, Second Edition

Author : Louis B. Sohn
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004203567
Total Pages : 1068 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Cases and Materials on the Law of the Sea, Second Edition by : Louis B. Sohn

Download or read book Cases and Materials on the Law of the Sea, Second Edition written by Louis B. Sohn and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt: A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected] to learn more. This second edition of Cases and Materials on the Law of the Sea has been updated to address significant developments that have occurred in the law of the sea since the publication of the first edition in 2004. The text compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics while placing those issues in the broader context of international law and international legal process. The book incorporates relevant historical materials alongside materials addressing more recent topics, such as port security, the depletion of fish stocks, and the operation of new international institutions. Extensive notes and discussion questions engage readers and enhance their understanding of the materials.

Judging the Law of the Sea

Author : Natalie Klein
Publisher : Oxford University Press
ISBN 13 : 0192594885
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Judging the Law of the Sea by : Natalie Klein

Download or read book Judging the Law of the Sea written by Natalie Klein and published by Oxford University Press. This book was released on 2022-11-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea

Author : Natalie Klein
Publisher : BRILL
ISBN 13 : 9004689907
Total Pages : 175 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea by : Natalie Klein

Download or read book Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea written by Natalie Klein and published by BRILL. This book was released on 2023-11-20 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.

The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea

Author : Miguel García García-Revillo
Publisher : BRILL
ISBN 13 : 9004200991
Total Pages : 356 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea by : Miguel García García-Revillo

Download or read book The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea written by Miguel García García-Revillo and published by BRILL. This book was released on 2015-11-02 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.

The law of the sea

Author : Robin Churchill
Publisher : Manchester University Press
ISBN 13 : 1526116294
Total Pages : 827 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The law of the sea by : Robin Churchill

Download or read book The law of the sea written by Robin Churchill and published by Manchester University Press. This book was released on 2022-05-10 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.

The System for Settlement of Disputes under the United Nations Convention on the Law of the Sea

Author : A.O. Adede
Publisher : BRILL
ISBN 13 : 9004482334
Total Pages : 301 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The System for Settlement of Disputes under the United Nations Convention on the Law of the Sea by : A.O. Adede

Download or read book The System for Settlement of Disputes under the United Nations Convention on the Law of the Sea written by A.O. Adede and published by BRILL. This book was released on 2021-09-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Organizations and the Law of the Sea 2001

Author : Barbara Kwiatkowska
Publisher : BRILL
ISBN 13 : 9047413075
Total Pages : 1156 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Organizations and the Law of the Sea 2001 by : Barbara Kwiatkowska

Download or read book International Organizations and the Law of the Sea 2001 written by Barbara Kwiatkowska and published by BRILL. This book was released on 2004-04-01 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 17th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly and Security Council, Meeting of States Parties to the UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-ups to the UN Fish Stocks and Small Island States Conferences, WSSD, ECOSOC, UNEP and UNCTAD are reproduced first, followed by the documents of FAO, IAEA, IMO and NESCO/IOC. As in the previous volumes, documents which were issued in the course of 2001 are reproduced while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access of the international community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force in 1994 and of the Part XI Agreement in 1996, as well as of the UN Fish Stocks Agreement in 2001, coupled with the review of the UNCED Agenda 21 the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, UNDOALOS Director Mrs. Annick de Marffy, ITLOS President Dolliver Nelson and Judges Thomas Mensah and Tullio Treves, as well as Rosalie Balkin, Edward Brown, Bernard Oxman and Shabtai Rosenne.

Baselines under the International Law of the Sea

Author : Coalter G. Lathrop
Publisher : BRILL
ISBN 13 : 9004398147
Total Pages : 185 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Baselines under the International Law of the Sea by : Coalter G. Lathrop

Download or read book Baselines under the International Law of the Sea written by Coalter G. Lathrop and published by BRILL. This book was released on 2019-03-27 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018: The Sophia Report (2012) and the Sydney Report (2018).

International Law between Universalism and Fragmentation

Author : Isabelle Buffard
Publisher : BRILL
ISBN 13 : 9047440331
Total Pages : 1131 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law between Universalism and Fragmentation by : Isabelle Buffard

Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.