Law in the Service of Human Dignity: Essays in Honour of Florentino Feliciano

Cambridge University Press, 10/27/2005
EAN 9780521852531, ISBN10: 0521852536

Hardcover, 448 pages, 23.5 x 15.8 x 3.4 cm
Language: English

The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.

List of contributors
Preface
Biographical note
List of abbreviations
Part I. Reflections on the Contributions of Florentino Feliciano to International Law
1. A judge's judge
Justice Florentino P. Feliciano's philosophy of the judicial function Michael Reisman
2. The benign first mate Rosalyn Higgins
3. The Aristotelian James Bacchus
4. Trade and economic justice according to law Julio A. Lacarte
Part II. Insights into the World Trade Organization
5. Justice Feliciano and the WTO environmental cases
laying the foundations of a 'constitutional jurisprudence' with implications for developing countries John H. Jackson
6. International trade law, human rights and theories of justice Ernst-Ulrich Petersmann
7. Developing countries and the international trading system Said El-Naggar
8. North-South issues of foreign direct investments in the WTO
is there a middle of the road approach? Mitsuo Matsushita
9. The participation of developing countries in WTO dispute settlement and the role of the Advisory Centre on WTO Law Leo Palma
10. Reform of the WTO dispute settlement system
what to expect from the Doha Development Round? Peter Van den Bossche
11. Interpretation and application of the WTO Rules
Florentino Feliciano and the First Seven Luis Olavo Baptista
12. Dispute settlement in the WTO
on the trail of a court Héléne Ruiz Fabri
13. A proposal to introduce an Advocate General's position into WTO dispute settlement A. L. C. de Mestral and M. Auerbach-Ziogas
14. Arbitration at the WTO
a terra incognita to be further explored Laurence Boisson de Chazournes
15. The challenges to the legitimacy of the WTO Debra P. Steger
16. The World Trade Organization after Cancún Guiguo Wang
Part III. The Changing Landscape of Investment Arbitration
17. The reshaping of the international law on foreign investment by concordant bilateral investment treaties Stephen M. Schwebel
18. ICSID arbitration and the state's increasingly remote consent
apropos the Maffezini case Brigitte Stern
19. The notion of investment in recent practice Rudolf Dolzer
20. Arbitration of investment disputes under UNCITRAL Rules and the choice of applicable law Giorgio Sacerdoti
Part IV. New Challenges in International Adjudication
21. From Preston to Prescot
globalising legitimate expectation Francisco Orrego Vicúna
22. The Independence of the international judiciary
some introductory thoughts Philippe Sands
23. 'Straddling and highly migratory flags' before the International Tribunal for the Law of the Sea Tullio Treves
24. Collective security and the personification of peace Charlotte Ku
25. Some thoughts on 'Asian' approaches to international dispute resolution M. C. W. Pinto
26. The 'Cameroon v. Nigeria
Equatorial Guinea Intervening (Land and Maritime Boundary) Judgement Barbara Kwiatkowska
Bibliography of works by Florentino Feliciano
Index.

'The merit of this book is the inside knowledge and prestigious standing of some of the contributors, especially those who have worked on the WTO Appellate Body. For anyone interested in the WTO and/or other economic adjudication processes this book makes excellent reading.' International Affairs