Reflections on International Law from the Low Countries: In Honour of Paul De Waart

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Paul J. I. M. De Waart, Erik M. G. Denters, Nico Schrijver
Martinus Nijhoff Publishers, 1998 M01 1 - 507 pages
This work brings together 28 essays specially written by international lawyers based in or associated with The Netherlands & Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam. The experience & insight derived from his careers as journalist, foreign affairs officer, diplomat, pragmatic administrator & law professor have made him a distinguished scholar. His work has resulted in a host of academic publications on contemporary international law issues. The topics are clustered around the main foci of the research interests of Paul de Waart, including: international economic law & development, human rights, international criminal jurisdiction, the United Nations & peace & security, the protection of cultural property & the environment, & international dispute settlement. The international law communities in the Low Countries are linked through many bonds such as language (Dutch & Flemish), legal history, common teachers, & frequent inter-university contacts. As such the book may be viewed as a reflection of international law studies as they are currently practised in these two countries.

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Contents

A Tireless Advocate of the Rule of Law
1
Ten Years after the ILA Declaration of Seoul
13
the Barcelona Traction Case
27
The Preferential Status of Developing Countries in International
48
Taxation of Foreign Investment in China
68
Principles of Cooperation for Development in ACPEC Relations
86
Promoting Human Rights in the Global Market Place
101
Human Rights Human Efforts An Inquiry into the Dialectics
116
Standby Arrangements For Peacekeeping
303
UN brigade
306
Modalities
309
precedents
310
an alternative option
312
its Scope of Application
315
Background
316
Definition of operations and personnel
317

Conditions
135
Diplomatic Immunity in Modern International Law
156
Prevention Earlywarning and Urgent Procedures a
165
Womens Rights and the Right to Complain Towards an Optional
183
Suitable Employment as a Human Right
191
its Birth
201
International Adjudication of War Crimes
216
The Role of an International Criminal Court in the Light of
249
The International Criminal Tribunals Power to Issue Subpoena
260
Beyond the Limits of the Territoriality Principle
278
THE UNITED NATIONS AND PEACE AND SECURITY
287
Provisional Measures of the UN Security Council
289
The timing of provisional measures
291
The addressees of provisional measures
294
Types of provisional measures
295
Legal effects of provisional measures
298
Concluding remarks
300
a Capacity Gap
301
Introduction
302
Exclusion clause
320
Conclusion
323
Reconsidering the Legal Relevance of Structural Violence
324
Structural violence
325
Structural violence as a legal concept
330
Limitations on the internal sovereignty of States
333
Structural violence and the internal sovereignty of States
338
Conclusion
342
The application of the Unidroit Convention on Stolen or Illegally
347
Citizens Rights and Human Rights in the Fields of Human
373
Sharing or Dividing
398
Reflections on some Recent Incidental Proceedings before
417
The Indispensable Parties Rule in the East Timor Case
442
Third Parties in GATT WTO Dispute Settlement Proceedings
458
The Bailiff and the Obligations of the State under Public
473
Biographical data of Paul J I M de Waart
490
Index
501
Copyright

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