International Law and Developing Countries (Essays in Honour of Kamal Hossain) (Hardcover)

This book celebrates Kamal Hossain’s lifelong and significant contribution to the development of international law and the cause of developing countries. It brings together an interview with Hossain by the editors, and thirteen essays written in his honour by scholars representing a wide spectrum of expertise in international law. The interview provides an introduction to the rich and varied life of a statesman, a drafter of his country’s constitution, and an acclaimed constitutional and international lawyer. The subjects covered in the essays include the new international economic order (NIEO), human rights, counter-terrorism, climate change, oil and gas law, arbitration, law of the sea, international trade law and judicial reform. These essays offer important perspectives on the issues addressed. Contents Abbreviations Preface Chapter 1 “I Believe in the Power of Human Beings to be Agents of Change:” An Interview with Kamal Hossain Sharif Bhuiyan, Philippe Sands and Nico Schrijver Chapter 2 The Return of the NIEO and the Retreat of Neo-Liberal International Law Muthucumaraswamy Sornarajah 2.1 Introduction 2.2 The NIEO Package 2.3 “The Roaring Nineties” 2.4 The Reaction against Neo-Liberalism Chapter 3 Critical Concepts in the New International Economic Order and Its Impact on the Development of International Economic Law: A Tribute to the Call for a NIEO Asif H. Qureshi 3.1 Introduction 3.2 Scrutiny of the “Waste Paper Basket Perspective” 3.3 Conclusion Chapter 4 Some Thoughts on the Making of International Law M.C.W. Pinto 4.1 The Survival of International Law 4.2 Making International Law in the Twentieth Century 4.3 What is to be Done? Chapter 5 International Trade Law and Human Rights: The ILA’s 2008 “Rio de Janeiro Declaration” Ernst-Ulrich Petersmann 5.2 Justice and Rule of Law in the Worldwide Division of Labour Among Citizens Depend on Respect for Human Rights 5.3 WTO Law Protects Legal Security and Judicial Remedies also for Individuals Engaged in International Trade 5.4 Justice Requires Coherent and Reasoned Interpretation of the Law “in Conformity with Principles of Justice” and Human Rights 5.5 Clarification of the Human Rights Dimensions of WTO Law by Human Rights Bodies 5.6 Political WTO Bodies Avoid References to Human Rights 5.7 The Emerging Human Rights of Access to Justice: Implications for WTO Law? 5.8 Focus of the ILA Draft Resolution on Customary Principles of Treaty Interpretation 5.9 The Final Text Approved by the ILA in August 2008: One Step on the Endless Road Towards “Constitutional Justice” Chapter 6 Judicial Supervision of Countering Terrorism: The Case of Palestine Paul de Waart 6.1 Countering Terrorism 6.2 Law of the Future 6.3 Judicial Supervision of the UN Counter Terrorism Strategy 6.4 The Case of Palestine 6.5 Meeting the Challenges Chapter 7 Climate Change and Financial Assistance: A Fragmented, Unified or Coordinated Approach? Laurence Boisson de Ckazournes 7.1 Common but Differentiated Responsibilities in the Climate Change Regime and the Provision of Financial Assistance to Developing Countries 7.2 Financial Obligations of Developed Countries under the Climate Change Convention, the Kyoto Protocol and The Global Environment Facility 7.3 The Adaptation Fund 7.4 The Least Developed Countries Fund and the Special Climate Change Fund 7.5 Clean Development Mechanism 7.6 The World Bank’s Carbon Funds and Facilities 7.7 New instruments for Increasing Financial Resources Through Multilateral Channels 7.8 The Green Climate Fund and the Post-2012 Climate Change Regime 7.9 Which Type of Coherence in a Context of Multiplication of Financial Mechanisms? Chapter 8 The Regulatory Framework of International Commercial Arbitration: The Amended UNCITRAL Rules James Crawford 8.1 Introduction 8.2 Key Issues 8.3 Conclusion Chapter 9 Improving the Process and Institutions of Investment Arbitration: A Modest Contribution to a Complicated Debate Arif Ryder All and Thomas Waelde 9.1 Introduction 9.2 Towards More Rigorous Conflict-of-interest Rules 9.3 The Relevance of Arbitral Precedent to the Transparency versus Confidentiality Debate 9.4 Amicus Participation — Public Interest Representation 9.5 Standing ICSID Annulment Committee 9.6 A World Investment Court? 9.7 Conclusion Chapter 10 Risk Management and Dispute Avoidance in Oil and Gas Investments in Developing Countries: The Way Forward A.F.M. Maninizzaman 10.1 Introduction 10.3 Legal / Contractual Risk-Mitigation 10.4 Risk Management and Dispute Avoidance Tools and Strategy 10.5 Conclusion Chapter 11 Relationship between Investment Contracts and Human Rights: A Developing Countries’ Perspective Abdullah Al Faruque 11.1 Introduction 11.2 Shaping Factors of Human Rights Dimension of Investment Contracts 11.3 Legal Character of Investment Agreements 11.4 Quest for Stability in Investment Contracts 11.5 Different Forms of Stabilization Clauses 11.6 Arbitral Practice on Stabilization Clauses 11.7 Stabilization Clauses and Human Rights 11.8 Exceptions to Stabilization Clauses 11.9 Case Studies: BTC and Chad-Cameroon Pipeline Projects 11.10 Applicable Law and Human Rights 11.11 Transparency in Contract 11.12 Human Rights in Contract Based Investment Arbitration 11.13 Conclusion Chapter 12 The Commission on the Limits of the Continental Shelf with Special Reference to Developing Countries L.D.M. Nelson 12.1 Introduction 12.2 Allocation of Seats in the Commission 12.3 Functions of the Commission 12.4 Establishment of Trust Funds 12.5 Status of the Trust Funds 12.6 Emoluments and Expenses of the Members of the Commission 12.7 Date of Submission of Data and Information 12.8 Concluding Observations Chapter 13 Transparency as an Element of Good Governance in the Practice of the WTO Silke Steiner and Friedl Weiss 13.1 Introduction 13.2 The Concepts of Good Governance and Transparency: Origin, Content and Definitions 13.3 Transparency in the WTO 13.4 Final Assessment and Outlook Chapter 14 China’s Changing Judicial System in the Time of Globalization: Challenges of Integrating International Standards and the National Realities Yuwen Li 14.1 Introduction 14.2 The Transition from Tradition to Modernization: Progress Achieved 14.3 The Challenges and Dilemmas Faced by the Judiciary 14.4 Conclusion Biographical Data of Kamal Hossain About the Contributors Index