Recueil Des Cours, Collected Courses, Tome 437

Erscheinungsjahr 2024
ISBN: 978-90-04-69913-7
Verlag: Brill

Buch, Englisch, Band 437, 398 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 724 g

Reihe: Collected Courses of The Hague Academy of International Law - Recueil des cours

The Aims and Methods of Postcolonial International Law, by Chin Leng LIM, Professor at the Chinese University of Hong Kong

The Principle Jura Novit Curia in International Judicial and Arbitral Proceedings, A Window on International Adjudication, by Attila M. TANZI, Professor at the University of Bologna

These lectures focus on one of the aspects of adjudicative discretion in international litigation and on the rules and principles that constraint it. Namely, on the boundaries of the freedom of international courts and tribunals within which they may apply the applicable law to the dispute by distancing themselves from the legal arguments advanced by the parties. Jura novit curia is researched in combination with the cognate principles ne ultra petita, ne infra petita and non liquet. The analysis goes to the core of the adjudicative function, whose rationale emerges as threefold, thus, entailing a threefold application of jura novit curia: i.e., within the inter-state, human rights, and criminal law adjudicative contexts. The overarching procedural principle of the right of the parties to be heard appears to legitimise maximum utilization of jura novit curia in all three contexts, thus, suggesting enhancing interactive proactivity from the bench.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

The Aims and Methods of Postcolonial International Law, by Chin Leng LIM

Chapter I. The question of universality

Chapter II. How the aims and methods have evolved

Chapter III. Rights of the post-colonial State

Chapter IV. Arbitration’s gilded age

Chapter V. Aims and methods of postcolonial international law

Case law and arbitral awards

Legal, official and institutional materials

Bibliography

The Principle Jura Novit Curia in International Judicial and Arbitral Proceedings, A Window on International Adjudication, by Attila M. TANZI

Chapter I. Introduction

Chapter II. The legal source of jura novit curia

Chapter III. Jura novit curia and the assessement of jurisdiction of international courts and tribunals

Chapter IV. Problematic aspects curtailing jura novit curia in the merits phase

Chapter V. Jura novit curia and reparation

Chapter VI. Conclusion

Bibliography

Über Autor(innen)

Chin Leng Lim, born 18 October 1970 in Georgetown, Island of Penang.

Read Law (LLB; BCL; LLM) at the universities of Buckingham, Oxford and Harvard, awarded PhD by the University of Nottingham. Called to the English Bar and to the Singapore Bar. Part-time Tutor and Law Research Student at Nottingham; appointed Lecturer at the University College of Wales, Aberystwyth and at Queen Mary & Westfield College, University of London; served in the United Nations Secretariat in Geneva; then Assistant, and then Associate, Professor at the National University of Singapore; also State Counsel at the Attorney-General’s Chambers of Singapore and Director, Singapore Society of International Law. Since living in Hong Kong, has worked first as Professor at the Faculty of Law and member of the Senate and Court of the University of Hong Kong; among other advisory roles, member of a Trade and Industry Department committee which advises the Commerce Secretary; returned to the National University of Singapore briefly as Lionel Astor Sheridan Visiting Professor; currently Choh-Ming Li Professor of Law at the Chinese University of Hong Kong. Member of the UNIDROIT/ICC Institute Working Group on International Investment Contracts; Delegate to UNCITRAL Working Group III; One of the editors of the International and Comparative Law Quarterly; Membre associè de l’Institut de droit international; Honorary Senior Fellow of the British Institute of International & Comparative Law; Visiting Professor at King’s College London. In practice as a barrister at the Bar of England and Wales with chambers outside the Temple; arbitrator, counsel and expert in various international arbitrations and included in the European Commission’s list of arbitration chairpersons for disputes under the European Union’s bilateral free trade agreements.

Attila Massimiliano Tanzi, born in Sorengo-Lugano, Switzerland, on 10 August 1957.

Bachelor’s degree in Political Sciences, University of Florence, summa cum laude (1981); MA in International Political Studies, University of Florence, summa cum laude (1984); PhD in International Law, University “La Sapienza” Roma, Faculty of Law (1987).

Lecturer in Public International Law, Faculty of Law, University of Perugia (1990-1999); Associate Professor of International Law, Faculty of Law, University of Verona (1999-2006); Chair of International Law at the University of Bologna (2006-ongoing); Visiting Professor at Queen Mary University of London (2014- 2016); Visiting Professor at Université Paris II-Panthéon Assas (2018); Visiting Professor at University of Vienna (2018-2019); External Scientific Fellow at Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law (2020); Visiting Professor at Université Paris Nanterre (2021).

Many times Member of the Italian delegation during UNGA sessions and to the MOP of the 1992 UNECE Transboundary Water Convention. Chairman of the Legal Board of the 1992 UNECE Transboundary Water Convention (2004-2012); Chairman of the Compliance Committee of the 1999 UNECE Protocol on Water and Health (2007-2010); Chairman of the Implementation Committee of the 1992 UNECE Transboundary Water Convention (2013-ongoing).

Member of the Supervisory Board of the Tashkent International Arbitration Centre (TIAC), Uzbekistan (2018-ongoing); Permanent Arbitrator of the Asociación Europea de Arbitraje (Madrid, Spain). Member of the International Supervisory Board of the Organization of Islamic Cooperation – Arbitration Centre (OIC-AC) (2023-ongoing).

Conciliator at the OSCE Court of Conciliation and Arbitration (2013-ongoing); Member of the Permanent Court of Arbitration (2014-ongoing); Member of the list of the ICSID Panel of Arbitrators (2023-ongoing).

He is regularly instructed by governments, international organisations and corporations on matters of international law and acts as Counsel and Advocate in inter-State litigation before international courts and tribunals and as arbitrator in investor-State disputes.

Counsel and Advocate in inter-State litigation before international courts and tribunals

Full Professor of International Law, University of Bologna Alma Mater; Associate Member 3VB Chambers, London; President, Italian Branch of the International Law Association.