Perspectives of International Law: Some Examples from Conversations with Judge James Richard Crawford (original) (raw)
Related papers
In Memory of James Crawford: Judge, Jurist and Scholar (1948-2021)
Amicus Curiae
Institute of Advanced Legal Studies T he publication of this issue of Amicus Curiae coincides with the opening of the 77th session of the UN General Assembly (UNGA 77). During the 77th session, the Sixth Committee is scheduled to meet from 3 October to 18 November 2022 where it will consider, amongst other issues, the possibility of an international convention on the Responsibility of States for Internationally Wrongful Acts. This item has been on the Assembly's agenda triennially since its 59th session (resolutions 59/35, 62/61, 65/19, 68/104, 71/133 and 74/180), but after nearly two decades of inactivity the prospect of a multilateral treaty on state responsibility is open to renewed debate.
Moscow Journal of International Law, 2020
INTRODUCTION. Occasionally a book appears which has a significant impact on the scholarly community. A fine example of this is the work considered here by the Australian international lawyer, Anthea Roberts. Until very recently, comparative studies on international law were rare. However, as international law further develops and widens, so special attention will need to be paid to ensure that international law students are, to a greater extent, taught the same material and in the same way. As municipal systems of law became more mature, so doctrine and jurisprudence began to diverge. International law has now entered such a phase in its development and, in this excellent book, Dr. Roberts asks a series of very important questions: exactly what is taking place, what are the factors that are driving these processes, is such to be welcomed, is it unstoppable and where do we go from here?MATERIALS AND METHODS. The article reflects on Anthea Roberts’ book “Is International Law Internati...
International Law's Collected Stories
2020
Palgrave Studies in International Relations (the EISA book series), published in association with European International Studies Association, provides scholars with the best theoretically-informed scholarship on the global issues of our time. The series includes cutting-edge monographs and edited collections which bridge schools of thought and cross the boundaries of conventional fields of study. EISA members can access a 50% discount to PSIR, the EISA book series, here http://www.eisa-net. org/sitecore/content/be-bruga/mci-registrations/eisa/login/landing.aspx. Mai'a K. Davis Cross is the Edward W.
The Nature of International Law
2019
This is a treatise on the philosophy of international law. Hence, its successes or failures should be measured primarily by the yardsticks of legal philosophy. Still, its purpose, as in the case of any other work in the area of jurisprudence, is to cast some new light on the legal practice-in this case the international one-and to offer to those working in this practice a fresh perspective on the issues with which they deal on a daily basis. In doing so, legal philosophers are not there "to act as backroom boffins for the law industry." That is, theirs is not "to lay on new ideas or arguments for lawyers any more than philosophers of art are there to provide new ideas or materials for artists." 1 Theirs is to "see legal problems. .. as different problems from those that appear on the face of the law." 2 In that respect, this book aspires to persuade international legal practitioners that it is meaningful to take a deep gaze at old problems with new eyes. This aspiration is far from warranted though. International scholars are not necessarily keen to employ a jurisprudential perspective. Take Brownlie's words from his General Course to the Hague Academy of International Law: "In spite of considerable exposure to theory, and some experience in teaching jurisprudence, my ultimate position has been that. .. theory produces no real benefits and frequently obscures the more interesting questions." 3 It is mainly legal philosophers' fault for the fact that this statement could, until recently, be taken as representative enough of the overall attitude of the international scholarship. With the notable exception of Kelsen, whose legal philosophy is not always easily digestible even for those working in the field, no other 1
Leiden Journal of International Law, 1999
These works were followed by a number of other important publications, such as a collection of bilingual documents on the International Court of Justice (ICJ) and commentaries on the practice and procedure of the Court. 1 Judge Hudson's book, The Permanent Court of International Justice 1920-1942, on the practice and procedure of the Permanent Court of Justice (PCIJ), served as a model for the present book. The author of the book is undoubtedly the most outstanding expert on the World Court among international lawyers. Moreover, the views expressed by the author of the book have been heavily relied upon by parties before the ICJ and the Members of the Court, which has been evidenced by numerous individual opinions of the Judges who cite the author to substantiate their own views. The book is distinguished by meticulous legal analysis. Its value is enhanced by adding a political dimension to legal considerations, in particular by linking the Court to other principal organs of the United Nations, especially to the Security Council. According to Rosenne '[t]he main political aspects concern the role of the Court in the peaceful settlement of international disputes and in international peace-making, the election of the members of the Court, compliance with the enforcement of the Court's decisions, and the power of the duly authorized organs to request advisory opinions of the Court' (p. XXV). The author, as a former diplomat, fully appreciates the importance of political aspects of the Court. Inclusion of this dimension makes this book particularly interesting for lawyers practising international law, such as legal advisors. The book painstakingly analyses the case law of both the PCIJ and the ICJ. The author, however, does not confine himself to the World Court, and provides examples from various relevant international arbitrations. Volume One of the book, inter alia, depicts the World Court in the background of other peaceful means of settlement of disputes, with special emphasis on arbitration and the comparison between judicial settlement and arbitration. Rosenne finds '[t]he measure of the difference between arbitration as a form of the pacific settlement of disputes leading to binding decision by disinterested third parties applying judicial or quasi-judicial 1. For the complete list of publications see UN Doc. SPLOS/11, 25 June 1996, pp. 113-124.
Jindal Journal of International Affairs
Professor Mary-Ellen O’Connell, in her new book, The Art of Law in the International Community, packs the tale of an extra-positive approach to law-making back at the centre of the stage. The book attempts to consider the of the community to explain the rise of two pillars of contemporary international law, namely the legal regulation of the use of force and the rules (or more precisely the meta-rules) on jus cogens. The book shifts steadily towards the intersection between natural law, jus cogens, and the ban of unilateral use of force. Methodologically speaking, the two regimes intersect since both are off springs of the UN Charter and the 1969 Vienna Convention. Perhaps not in the same trend of state practice, both principles formulate the general principle of international law. In sum, they add a small group of rules which feature the new world order in the aftermath of World War II.
Crawford’s Multilateralism and the International Court of Justice
The Australian Year Book of International Law Online
Over the course of his distinguished career, one of the central focus points in the work of Judge James Crawford was the role for the International Court of Justice in multilateral disputes and those engaging community norms. There are two judicial procedures in respect of which the multilateral or communitarian nature of the dispute is particularly contentious: standing, and intervention. This paper considers the Court’s most recent jurisprudence in respect of these procedures, with particular attention paid to Crawford’s own engagement with this field as both a scholar and Judge.