Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference
Beschreibung
The Hague Peace Conferences of 1899 and 1907 dealt with three interlinked topics: the peaceful settlement of disputes, including by arbitration; the restriction of armaments and military budgets; the laws of war. The first two were aimed at preventing the outbreak of war, not by restricting the jus ad bellum in its substance, but by inducing states not to use their continuing war power and to limit the growth of their war machinery. The third topic was concerned with containing the brutality of war where its prevention had failed. Whereas the Conferences succeeded in codifying the laws of war, they made less progress with regard to the peaceful settlement of disputes and failed on limiting armaments. Worst of all, they could not prevent the outbreak of World War I.
This volume uses the occasion of the 100th anniversary of the Second Hague Peace Conference to follow up on the then concerns and objectives, looking at the Hague legacy through the lens of today's problems. The 27 contributions treat the most pressing recent issues of non-proliferation and disarmament, international humanitarian law and judicial dispute settlement. Three questions run like a thread through this volume: 1. In which areas have the promises of 1899 and 1907 remained unfulfilled and why? 2. In which areas has there been progress, in which other areas perhaps regression? 3. What are our prospects and how can we international lawyers help shaping a promising future in respect of the prevention and containment of war?
Whereas the "empire of law" in international relations and the age of international justice, which were envisaged in the Convention for the Pacific Settlement of International Disputes of 1899/1907, have not yet arrived on the global level, we Europeans have made considerable progress since 1945. But in the age of globalization, Europe cannot for long remain an Isle of the Blest. Together with the other peoples of the United Nations we must therefore strive toward fulfilling the promises of the UN Charter and the Universal Declaration of Human Rights - peace, justice, freedom and prosperity for everyone and all nations large and small. Only then can wars be prevented.
Inhaltsübersicht
Inhalt: Introduction: T. Giegerich, Prevention and Containment of War: Two Fateful Missions Unaccomplished - J. Delbrück, Walther Schücking's Contribution to the International Rule of Law - S. C. Neff, The Hague Peace Conferences and a Century of Further Struggles - Non-Proliferation and Disarmament: I. Anthony, Weapons of Mass Destruction: Reduction of Stockpiles and Non-Proliferation - H. Krieger, Disarmament Obligations of and Assurances of Non-Use by Nuclear Weapon States - C. Schaller, Keeping Weapons of Mass Destruction from Terrorists. An International Law Perspective - K. Dörmann, Conventional Disarmament: Nothing New on the Geneva Front? - C. Höhn, International Humanitarian Law in the European Union's Common Foreign and Security Policy, in Particular the EU Code of Conduct on Arms Exports - The Ups and Downs of International Humanitarian Law: S. D. Murphy, Protean Jus ad Bellum - C. Gray, The International Community's "Responsibility to Protect" Populations from War Crimes and Other International Crimes - K. Schmalenbach, Preventing and Rebuilding Failed States - D. Richter, Humanitarian Law and Human Rights: Intersecting Circles or Separate Spheres? - R. Hofmann, Can Victims of Human Rights Violations Claim Damages? - R. Wilde, From Trusteeship to Self-Determination and Back Again: The Role of the Hague Regulations in the Evolution of International Trusteeship, and the Framework of Rights and Duties of Occupying Powers - E. Benvenisti, The Law on the Unilateral Termination of Occupation - G. H. Fox, A Return to Trusteeship? A Comment on International Territorial Administration - R. Heinsch, The International Committee of the Red Cross and the Challenges of Today's Armed Conflicts - W. Kälin, The ICRC's Compilation of the Customary Rules of Humanitarian Law - H.-J. Heintze, Terrorism and Asymmetric Conflicts: A Role for the Martens Clause? - Dispute Settlement by International Courts or Arbitral Tribunals: K. Oellers-Frahm, Nowhere to Go? The Obligation to Settle Disputes Peacefully in the Absence of Compulsory Jurisdiction - B. Simma, How Has Article 36 (2) of the ICJ Statute Fared? - C. J. Tams, The Continued Relevance of Compromissory Clauses as a Source of ICJ Jurisdiction - F. Hoffmeister, The Aegean Conflict. An Unsettled Dispute in Turkey's EU Accession Course - O. Dörr, The European Court of Justice Getting in the Way: The Abortive MOX Plant Arbitration - C. Chinkin / C. Tomuschat / N. Ronzitti, Panel Discussion: Has International Law Civilized Conflicts since 1907?
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