Recueil des cours : volume 361 (2013).

Full Title:

Recueil des cours : volume 361 (2013).
The Common Heritage of Mankind: Then and Now
Competence-Competence in the face of Illegality in Contracts and Arbitration Agreements

Author:

The Hague Academy of International Law.

Other Author:

Pinto, M. C. W.,
Kreindler, Richard.

Additional Content:

• E-version: The Common Heritage of Mankind: Then and Now
• E-version: Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements

Series:

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

Series Volume:

361

Language:

English

Description:

488 p.

Summary:

The Common Heritage of Mankind: Then and Now by M. C . W. Pinto : the course first presents an outline of the origins and...

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Summary:

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The Common Heritage of Mankind: Then and Now by M. C . W. Pinto : the course first presents an outline of the origins and development of the idea that territory and resources not subject to State jurisdiction could be internationally recognized as the “common heritage of mankind”. It then proceeds to describe how some 160 countries represented at the Third United Nations Conference on the Law of the Sea (1974-1982) negotiated agreement on a regime to govern the seabed and ocean floor beyond the limits of national jurisdiction as the “common heritage of mankind”, and on the establishment of three international institutions to maintain and administer that regime.
Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements by Richard Kreindler. Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

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Contents:

The Common Heritage of Mankind: Then and Now by M. C. W. Pinto, former Secretary-general of the Iran-United States Claims Tribunal; Excerpt of table of...

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Contents:

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The Common Heritage of Mankind: Then and Now by M. C. W. Pinto, former Secretary-general of the Iran-United States Claims Tribunal; Excerpt of table of contents: Chapter I. Origins and preliminary development of the idea; Chapter II. The international legal and institutional contexts; Chapter III. The Third United Nations Conference on the Law of the Sea; Chapter IV. The “common heritage” in the 1982 Convention; Chapter V. Reconception of the “common heritage of mankind”; Chapter VI. The International Sea-bed Authority today; Chapter VII. Afterword; Annex 1. The Declaration of Principles Governing the Sea-bed and Ocean Floor, and the Subsoil Thereof, beyond the Limits of National Jurisdiction, UNGA res. 2749 (XXV), 17 December 1970; Annex 2. The common heritage of mankind and the continental shelf of Sri Lanka; Annex 3. Impact of the 1994 Implementation Agreement on the 1982 United Nations Convention on the Law of the Sea: snapshot of the relevant provisions
Competence-Competence in the face of Illegality in Contracts and Arbitration Agreements by R. Kreindler, Professor at the University of Münster Excerpt of table of contents: Introduction; Chapter I. Definition of the subject; Chapter II. the meaning of “illegality”; Chapter III. the context of private international law versus public international law; Chapter IV. the question of the applicable law or laws; Chapter V. Corruption allegations, suspicions, findings and admissions; Chapter VI. the burden of proof and the standard of proof of illegality; Chapter VII. Attribution of illegal actions and knowledge of the State; Chapter VIII. the rights and duties of the arbitrator; Chapter IX. Legal consequences of a finding or admission of corruption; Chapter X. Justifications, excuses and defences for illegal conduct; Chapter XI. Standards of review of arbitral awards in the corruption context; Bibliography.

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Publisher & Date:

Martinus Nijhoff Publishers / Brill Academic, 2013.

Date of Publication:

2013

Publisher:

Martinus Nijhoff Publishers / Brill Academic

Classification:

A 42

ISBN:

9789004255524 (hbk)
9789004257542 (pocket book)