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This volume contains the report of the International Law Commission on the work of its fifty-sixth session. Volume II (Part I) contains reports of special rapporteurs and other documents considered during the session.
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This volume contains the summary records of the meetings of the International Law Commission on its 57th session (2 May - 3 June and 11 July - 5 August 2005). The issues discussed at that session included: unilateral acts of states, diplomatic protection, state responsibility, reservations to treaties and international liability for injurious consequences arising out of acts not prohibited by international law.
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The The Yearbook contains the official records of the International Law Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.
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• Symposium: The International Criminal Court and the Responsibility to Protect Pekka Niemela The International Criminal Court and the Responsibility to Protect: Synergies and Tensions David Chandler Born Posthumously: Rethinking the Shared Characteristics of the ICC and R2P Paivi Kaukoranta Finnish Perspectives on the ICC and R2P Frederic Megret ICC, R2P, and the International Community's Evolving Interventionist Toolkit Sarah M. H. Nouwen Complementarity in Practice: Critical Lessons from the ICC for R2P Anne Orford From Promise to Practice? The Legal Significance of the Responsibility to Protect Concept Kofi Quashigah The Future of the International Criminal Court in African Crisis and Its Relationship with the R2P Project Benjamin N. Schiff Lessons from the ICC for ICC/R2P Convergence Debate: The Law of the Common: Globalization, Property and New Horizons of Liberation John D. Haskell & Paavo Kotiaho Introductory Note Gunther Teubner Societal Constitutionalism and the Politics of the Common Antonio Negri The Law of the Common Articles George Rodrigo Bandeira Galindo Constitutionalism Forever Dorota A. Gozdecka Human Rights, Fundamental Rights and the Common Constitutional Traditions in the Protection of Religious Pluralism and Diversity in Europe - A Study in the Democratic Paradox Robert Knox Strategy and Tactics Pamela Slotte The Religious and the Secular in European Human Rights Discourse Stellan Vinthagen Legal Mobilization and Resistance Movements as Social Constituents of International Law Book Reviews & Review Essays Edited by Rain Liivoja Daniel Janse Olivier Corten, The Law against War: The Prohibition on the use of Force in Contemporary International Law Jan Klabbers Charles Leben, The Advancement of International Law William Schabas David Nersessian, Genocide and Political Groups New Finnish Doctoral Dissertations in International Law Eeva Nykanen Fragmented State Power and Forced Migration: Study on Non-StateActors in Refuge Law Statement by Jan Vedsted-Hansen Rene Uruena No Citizens Here: Global Subjects and Participation in International Law Statement by Wouter Werner Finnish State Practice Virpi Laukkanen Elements of Finnish State Practice in 2009-2010 Ius Gentium Association.
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The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Ius Gentium Association (the Finnish Society of International Law) by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fybil.org INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 21 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/fyil/subs.
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• Symposium (edited by Rain Liivoja): Symposium on the National Implementation of the Rome Statute of the International Criminal Court-- Foreword-- Mattias Goldmann: Implementing the Rome Statute in Europe: From Sovereign Distinction to Convergence in International Criminal Law-- Mirela Shuteriqi: Implementation of the Rome Statute in Albania-- Magdalena Forowicz: Implementation of the Rome Statute in Belgium-- Rain Liivoja, Rene Vark, Merri Kastemae: Implementation of the Rome Statute in Estonia-- Jussi Ohisalo: Implementation of the Rome Statute in Finland-- Martin Hess, Nandor Knust, Christine Schuon: Implementation of the Rome Statute in Germany-- Paola Sacchi, Silvia Borelli: Implementation of the Rome Statute in Italy-- Sergey Vasiliev, Anna Ogodorova: Implementation of the Rome Statute in Russia-- Simon P. Olleson, Matthew R. Brubacher: Implementation of the Rome Statute in the United Kingdom-- Articles: Tobias Brautigam: Comparative Law and the U.S. Supreme Court: Roper v. Simmons and the Quest for Theory-- Linda Johanna Friman: War and Peace in Outer Space: A Review of the Legality of the Weaponization of Outer Space in the Light of the Prohibition on Non-Peaceful Purposes-- Jan Klabbers: Reflections on Soft International Law in a Privatized World-- James O'Connor: U.S. Neoconservatism and the Rule of Radical Occasionalism - Carl Schmitt's War on Terror?-- Aurel Sari: The Danish Cartoon Row: Re-Drawing the Limits of the Right to Freedom of Expression?-- Book Reviews & Review Articles: Jack L. Goldsmith, Eric A. Posner, The Limits of International Law (Jan Klabbers)-- Deborah Z. Cass, The Constitutionalization of the World Trade Organization. Legitimacy, Democracy, and Community in the International Trading System (Kati Kulovesi)-- China Mieville: Between Equal Rights: A Marxist Theory of International Law (Anne Ordford)-- Maria Jose Falcon y Tella (ed.), Anuario Derechos Humanos. Nueva Epoca vols 3 and 4 (Monica Garcia-Salmones).
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Despite its Finnish pedigree, the Finnish Yearbook of International Law does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. The Finnish Yearbook of International Law annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. It offers: longer articles of a theoretical nature; new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. The Finnish Yearbook offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
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• Introduction by the General Editors Abbreviations ARTICLES Mary George, Maritime terrorism and security challenges in the Straits of Malacca and Singapore Katak B. Malla, UN Security Council reform and global security Jaemin Lee, The United Nations Security Council and the International Court of Justice: Co-operation, co-existence, and co-involvement Naazima Kamardeen, The erosion of community rights to intellectual property: An Asian perspective NOTE Ramses Amer and Nguyen Hong Thao, Vietnam's border disputes: Legal and conflict management dimensions LEGAL MATERIALS - State practice of Asian countries in the field of international law * People's Republic of China * India * Iran * Japan * Korea * Nepal * Philippines * Sri Lanka * Tajikistan - Participation in multilateral treaties CHRONICLE Chronicle of events and incidents relating to Asia with relevance to international law: July 2004 - June 2005 LITERATURE Book reviews Survey of literature Index General information.
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The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.
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• List of Contributors Abbreviations Strydom, Hennie, The Non-Aligned Movement and the Reform of International Relations Wood, Michael, The International Seabed Authority: Fifth to Twelfth Sessions (1999-2006) Zimmermann, Andreas, The Second Lebanon War: Jus ad bellum, jus in bello and the Issue of Proportionality Orakhelashvili, Alexander, The Acts of the Security Council: Meaning and Standards of Review Schmahl, Stefanie, The United Nations Facing the Challenges of the "Information Society" Kugelmann, Dieter, The Protection of Minorities and Indigenous Peoples Respecting Cultural Diversity Matz-Luck, Nele, The Eighth Conference of the Parties to the Convention on Biological Diversity: Summary and Analysis Thompson, Edwina, Misplaced Blame: Islam, Terrorism and the Origins of Hawala Roeder, Tilman, Little steps forward: Some Remarks on the Rome Conference on the Rule of Law in Afghanistan Focus: How to speed up Implementation of the Right to Adequate Food at the International Level Selected Papers from the Expert Seminar held at the Max Planck Institute for Comparative Public Law and International Law
• 11. and
• 12. September 2006 - FIAN -International/ FAO-- Max Planck Institute for Comparative Public Law and International Law Courtis, Christian, The Right to Food as a Justiciable Right: Challenges and Strategies Skogly, Sigrun, Right to Adequate Food: National Implementation and Extraterritorial Obligations Coomans, Fons, Application of the International Covenant on Economic, Social and Cultural Rights in the Framework of International Organisations Jonsen, Jennie/ Soellner, Sven, The "Breakthrough" of the Right to Food: The Meaning of General Comment No. 12 and the Voluntary Guidelines for the Interpretation of the Human Right to Food LL.M. Thesis: Letelier Astorga, Ricardo, The Nationality of Juridical Persons in the ICSID Convention in Light of Its Jurisprudence Book Reviews.
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This publication constitutes the first scholarly periodical to focus on activities of the United Nations in the field of international law. It recognizes the recent increased impact of the development of the World Organization, its Specialized Agencies and other aspects of the United Nations System, as well as their effect on the shaping of international relations.
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• ""Contents""; ""Abbreviations""; ""Articles""; ""Pedro A. de Miguel Asensio, The Future of Uniform Private Law in the European Union: New Trends and Challenges""; ""Eduard Sagarra Trias, On the Regulation of Aliens and Immigration in Spain in 2006""; ""José Ã?ngel Sotillo Lorenzo, Spanish Policies towards Latin America: the Pros and Cons of a Guaranteed Mutual Relationship""; ""Diplomatic and Parliamentary Practice""; ""Spanish Diplomatic and Parliamentary Practice in Public International Law, 2005""; ""Treaties""

• ""Treaties to which Spain is a Party Involving Questions of Public International Law, 2005""""Treaties to which Spain is a Party Involving Questions of Private International Law, 2005""; ""Municipal Legislation""; ""Spanish Municipal Legislation Involving Questions of Public International Law, 2005""; ""Spanish Municipal Legislation Involving Questions of Private International Law, 2005""; ""Judicial Decisions""; ""Spanish Judicial Decisions in Public International Law, 2005""; ""Spanish Judicial Decisions in Private International Law, 2005""; ""Literature""

• ""Spanish Literature in the Field of Public and Private International Law and Related Matters, 2005""""Table of Cases""; ""Index""; ""General Rules for Publication""

The Spanish Yearbook of International Law brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
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• ""Contents""; ""Editorial Note""; ""Proceedings of the Inaugural Conference of the European Society of International Law, Florence, 14-15 May 2004""; ""Introduction
• Bruno Simma""; ""INTERNATIONAL LAW IN THE SHADOW OF EMPIRE""; ""The Shadows Looming over International Law
• W. Michael Reisman""; ""Le droit international dans lâ€?ombre de lâ€?empire
• Alain Pellet""; ""INTERNATIONAL LAW IN EUROPE: BETWEEN TRADITIONAL AND RENEWAL""; ""La tradition européenne du droit international
• Monique Chemillier-Gendreau""; ""EUROPEâ€?S PAST AND INTERNATIONAL LAW""

• ""Colonialisme européen et néo-colonialisme contemporain (Notes de lecture des manuels européens du droit des gens entre 1850 et1914)
• Emmanuelle Jouannet""""Europe and International Lawâ€?s Colonial Present
• Antony Anghie""; ""European Tradition and the European Society of International Law: Some Remarks about the Totalitarian Legacy
• Iulia Voina-Motoc""; ""The Definition of Genocide and the Role of Soviet International Lawyers: Reflections on the Socialist Legacy in International Law
• Lauri MÃ?lksoo""; ""CUSTOMARY LAW:ARE RUMOURS OF ITS DEATH EXAGGERATED?""

• ""The Collective Factor as a Promoter of Customary International Law
• Lauri Hannikainen""""USE OF FORCE""; ""Nouvelles questions sur le principe de lâ€?interdiction du recours à la force
• Oriol Casanovas""; ""The Normative Underpinnings of the Use of Force. Doctrinal Foundations and Ambiguities in the CFSP/ESDP Discourse
• Barbara Delcourt""; ""HUMAN RIGHTS""; ""Globalization and Jurisdiction: Lessons from the European Convention on Human Rights
• Olivier De Schutter""; ""Terrorism and Human Rights: EU Anti-terrorism Measures from an ECHR Perspective
• August Reinisch""

• ""Inside and Outside the European Convention: The Case of Minorities Compared
• Gaetano Pentassuglia""""History of International Law in the Baltic States""; ""The Soviet Aggression against Lithuania in January
• 1991: International Legal Aspects
• Dainius Å?alimas""; ""Republic of Estonia Materials on International Law 2005
• Leena-Maarja Kalda, Tanel KerikmÃ?e and Kari KÃ?sper""; ""Republic of Latvia Materials on International Law 2005
• MÄ?rtinÅ¡ Paparinskis""

• ""Republic of Lithuania Materials on International Law 2005
• Saulius Katuoka in cooperation with Loreta Å altinytÄ? LL. M""""Book Reviews""; ""S. Chesterman, Just War or Just Peace? Humanitarian Intervention and International Law
• Loreta Å altinytÄ?""; ""N. J. Wheeler, Saving Strangers. Humanitarian Intervention in International Society
• Loreta Å altinytÄ?""; ""Information: Legal Journals in the Baltic States""; "" Legal Scientific Journal TEISÄ? (LAW)
• Jevgenij Machovenko""; ""List of Contributors""; ""Information for Authors""