Netherlands Yearbook of International Law 2012: Legal by Janne Elisabeth Nijman, Wouter Werner

By Janne Elisabeth Nijman, Wouter Werner

The Netherlands Yearbook of foreign legislation (NYIL) used to be first released in 1970. It deals a discussion board for the ebook of scholarly articles of a extra normal nature within the sector of public foreign legislations together with the legislation of the eu Union. With this quantity on ‘Legal Equality and the foreign Rule of Law’, the Netherlands Yearbook of foreign legislations celebrates Pieter Kooijmans’ educational, diplomatic, and judicial occupation through deciding upon up on a massive topic in his early writings, the primary of felony equality of states. This quantity stories if and the way the main of felony equality of states remains to be vital within the overseas criminal order of the early twenty first century. particularly, this quantity examines the principle’s present relevance, e.g., in a pluralistic felony order, its relation to hegemony in diplomacy and foreign legislation, and the way it features in modern foreign agencies. the primary is additional explored within the fields of foreign legal legislation, foreign humanitarian legislation, and the foreign legislations of sovereign immunity.

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15 The idea was that the territorial political community must work out its internal conflicts, however raggedly, without foreign (and especially neo-colonial) interference. 16 12 Kooijmans 1964, at 219. , at 204. 14 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (hereafter ‘Friendly Relations Declaration’), UNGA Res. 2625, 24 October 1970 (adopted without a vote). 15 UNGA Res. 1514 (XV), 14 December 1960 (adopted eighty-nine to none, with nine abstentions); International Covenant on Civil and Political Rights (hereafter ICCPR), 999 UNTS 171, art.

On ‘legalized hegemony’ see Kooijmans 1964, at 235-236. 62 The contribution by Jeffrey Dunoff63 deals with an even more fundamental question in relation to the tension between state equality and international organization. In light of the foundational changes in the law and practice of international organizations since the 1960’s, what use is the traditional focus of international law scholars on the principle of sovereign equality? Dunoff’s chapter starts off with a contextualization of Kooijmans’ dissertation in terms of the law of international organizations as it was in the mid-20th century.

4 Introduction....................................................................................................................... Sovereign Equality’s Three Legal Presumptions ............................................................ The Expansion of Jus Cogens and the Diminution of Pluralism................................... The Expansion of Direct Effect and the Disparagement of the Sovereign Decision.... 26 28 33 38 The author is Professor of Law, Wayne Law, Wayne State University. B.

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