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Archive for May 2018

Risk

html xmlns=”www.w3.org/1999/xhtml”> 2  Risk 2.1 How risk may be allocated The standard form contracts common in international projects contain detailed terms allocating risk. The FIDIC forms provide instructive examples of this. In what follows we shall try to bring out how differently risk might be allocated in different types of project . . . Read more

The FIDIC Design-Build Contracts

fit for the purposes for which the Works are intended as defined in the Contract’, need to be understood or interpreted in accordance with the governing law of the contract. Clause 1.4 provides for the contract to be governed by the law of the country stated in the Appendix to . . . Read more

Maritime Delimitation and Associated Questions

Figure 12.1  Global Maritime Zones Source: Dr Robin Cleverly, Head, Law of the Sea, UK Hydrographic Office, Taunton(p. 283) long-coastline adjacent states crowded together on a concave coastline5 to small islands facing out into the open ocean.6 Yet courts and tribunals are expected to decide on maritime delimitation in a principled way, without recasting geography . . . Read more

The Use or Threat of Force by States

(p. 744) 33  The Use or Threat of Force by States 1.  Historical Overview 1815–19451 In the practice of states in nineteenth-century Europe, war was sometimes still represented as a last resort, that is, as a form of dispute settlement.2 However, the prevailing view was that resort to war was an attribute of statehood . . . Read more

Third-Party Settlement of International Disputes

(p. 718) 32  Third-Party Settlement of International Disputes 1.  Peaceful Settlement in General The judicial settlement of international disputes is only one facet of the enormous problem of the maintenance of international peace and security. In the period of the UN Charter the use of force by individual states to address international disputes . . . Read more

The Claims Process

(p. 693) 31  The Claims Process 1.  Jurisdiction and Admissibility Distinguished A state presenting an international claim, either in diplomatic exchanges or before an international tribunal, has to establish its entitlement to do so, and the continuing viability of the claim itself, before the merits of the claim can be decided. The same . . . Read more

International Criminal Justice

(p. 671) 30  International Criminal Justice 1.  Introduction It is not too much of an exaggeration to say that the United Nations era began with a trial and a promise. The trial was that of the major German war criminals at Nuremberg. The promise was that the principles underlying the Nuremberg Charter would . . . Read more