Martinus Nijhoff Online

 The Legal Practice in International Law and European Community Law: A Spanish Perspective

Contents

• • Preliminary Material (i-4)   (157K)
    • Jump to section:
    • Contents
    • List of Contributors
    • Abbreviations
    • INTRODUCTION by Carlos Jiménez Piernas
  • The Registrar of the International Court of Justice: Status and Functions (5-62) by Philippe Couvreur   (359K)
    • Jump to section:
    • I. Overview of the Office of Registrar in the Courts Statute and Rules
    • II. Election of the Registrar
    • III. Solemn Declaration by the Registrar before Taking up His Duties
    • IV. Appointment of Registry Staff Members
    • V. Specific Functions Entrusted to the Registrar by the Rules of Court
    • VI. Absence of the Registrar and Post Vacancy. Allocation of Duties as between Registrar and Deputy­Registrar
    • VII. Organization of the Registry: Staff Matters
    • VIII. Removal of the Registrar from Office
  • Presentation from the Standpoint of Spanish Law, on the Legal Process Available to Parties in the Contentious Procedure of the International Court of Justice (63-80) by Santiago Torres Bernárdez   (178K)
    • Jump to section:
    • I. Introduction: Absence of Appeals in Contentious Procedure
    • II. Proceedings before the Court, and Procedure
    • III. Institution of Proceedings in Contentious Cases
    • IV. Non-appearance
    • V. Ordinary, Special and Incidental Proceedings
    • VI. Direction of Proceedings by the Court and AD HOC Procedures
  • The Travails of Poor Countries in Gaining Access to the International Court of Justice (81-102) by Luis Ignacio Sánchez Rodríguez and Ana Gemma López Martín   (202K)
    • Jump to section:
    • I. Preliminary Considerations
    • II. The Human and Material Resources Deficit
    • III. The Economic Deficit: Financial and Budgetary Difficulties
    • IV. Anatomy of an International Controversy: from the Prehistory of the Action to Its Procedural Conclusion
    • V. An Added Difficulty for Some States: Official Languages
    • VI. Constitution of AD HOC CHAmbers
    • VII. The Inevitable Concentration of Contentious Jurisdiction in Privileged Circles
    • VIII. The Choice of Material and Personnel Infrastructure for International Litigation
    • IX. Appointment of AD HOC Judges
    • X. An Institutional Palliative for Developing Countries, or an Alternative to Poor Mans Justice: the Secretary-Generals Trust Fund
    • XI. Closing Remarks
  • Survey of Applications against Spain Lodged with the European Court of Human Rights (103-158) by Santiago Quesada Polo and Stanley Naismith   (340K)
    • Jump to section:
    • I. Introduction
    • II. Applications Lodged since the Entry into Force of the European Convention on Human Rights in Respect of Spain: Statistical Analysis
    • III. Thematic Analysis
    • IV. Status of Victim of a Violation of the Convention
    • V. Interim Measures (Rule 39 of the Rules of Court)
    • VI. Conclusion
  • International Criminal Court and International Tribunals: Substantive and Procedural Aspects (159-204) by Hector Olasolo   (315K)
    • Jump to section:
    • I. Introduction
    • II. The Primacy of the ICTY and the ICTR versus the Complementarity of the Permanent International Criminal Court
    • III. The Road towards the Strengthening of the Principle of Legality: from the AD HOC Tribunals to the ICC
    • IV. Some Remarks on the Modes of Liability: from the Notions of Control over the Crime and Joint Criminal Enterprise to the Doctrine of Command Responsibility
    • V. The Notion of Victims of the Situation in the RS
    • VI. Appeals against Judgement: Revisiting the Standard of Review
    • VII. Conclusion
  • Introduction to Investor-state Arbitration. A Case Study: Wena Hotels Limited (Wena) v. Arab Republic of Egypt (205-236) by Andrés Rigo Sureda   (231K)
    • Jump to section:
    • I. Introduction
    • II. Icsid
    • III. The Case of Wena Hotels Ltd. Background
    • IV. Decision on Jurisdiction
    • V. The Award
    • VI. Annulment
  • The Work of the Legal Adviser of International Organisations, with Special Reference to the European Union (237-254) by Gregorio Garzón Clariana   (168K)
    • Jump to section:
    • I. General
    • II. Legal Opinions
    • III. Defence in Judicial Proceedings and Other Forms of Legal Advice
    • IV. Final Remarks
  • The Procedures and Case Law of the United Nations Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights (255-300) by Alfred M. De Zayas   (290K)
    • Jump to section:
    • I. Introduction
    • II. Caseload and Statistics
    • III. Procedure on Admissibility
    • IV. Examination of Merits
    • V. INTERIM Measures
    • VI. Evidence and Burden of Proof
    • VII. Individual Opinions
    • VIII. New Approaches to Examining Communications under the Optional Protocol
    • IX. Issues Considered by the Committee
    • X. Remedies
    • XI. Follow-up Activities under the Optional Protocol
    • XII. Conclusion
  • The Un Commission on Human Rights Machinery for the Protection of Human Rights (301-328) by Carlos Villán Durán   (220K)
    • Jump to section:
    • I. Introduction
    • II. The Special Rapporteurs System
    • III. The UN High Commissioner for Human Rights
    • IV. The Future Human Rights Council
    • V. Conclusions
    • Selected Bibliography
  • The Procedure before the Court of Justice of the European Communities (329-378)   (296K)
    • Jump to section:
    • I. Introduction
    • II. General Aspects of the European Judicial System
    • III. General Aspects of the Procedure
    • IV. The Written Procedure
    • V. Preliminary Report, Measures of Enquiry and Preparatory Measures
    • VI. The Oral Procedure
    • VII. The Opinion of the Advocate General, the Deliberation and the Ruling
    • VIII. Special Procedures
    • IX. Main Distinguishing Features of the Procedure before the Court of First Instance
    • Literature
  • References for Preliminary Rulings and Their Procedure before the Court of Justice of the European Communities (379-396) by Alejandro Del Valle Gálvez and Miguel a. Acosta Sánchez   (176K)
    • Jump to section:
    • I. Introduction
    • II. The Initial Phase. The General System of the EC Treaty for References before the ECJ
    • III. The Initial Phase. Particularities and Specific Types of References before the ECJ
    • IV. The Intermediate Phase: References before the ECJ
    • V. The Final Phase: the Effects of Preliminary Rulings
    • VI. Spanish Practice on References
    • Selected Bibliography
  • The Court of Justice of the European Communities and the Spanish Constitutional Court: a Comparison (397-416) by Manuel Díez De Velasco Vallejo   (182K)
    • Jump to section:
    • I. Introduction
    • II. General Comparison between the Two Courts
    • III. Analogies and Differences between the Two Courts
    • IV. Final Conclusions on the past and the Future of the Two Courts
    • V. Epilogue
  • The Decision-making Process in the European Union (417-460) by Francisco Fonseca Morillo   (285K)
    • Jump to section:
    • I. Introduction
    • II. Typology of the Decision-Making Procedures
    • III. Comitology (Article 202)
    • IV. Participation Model of the Spanish AutonomousCommunities in the European Decision-Making Process
    • V. The Indirect Participation of Interest Groups in the Decision-making Process within the European Community
    • VI. Annexes
    • VII. Bibliography
  • Advising Governments from the inside: the Legal Adviser of the Ministry of Foreign Affairs (461-488) by Aurelio Pérez Giralda   (220K)
    • Jump to section:
    • I. Introduction: Legal Advisers as Seen by Themselves
    • II. The Organisation and Functions of International Legal Advisory Services
    • III. Law and Politics in the Work of the Adviser
    • IV. Other Complications
    • V. The Work of an Adviser in Times of Globalisation
  • The International Legal Consultancy of Governments from the outside (489-520) by Antonio Remiro Brotóns   (245K)
    • Jump to section:
    • I. Introduction
    • II. International Lawyers and International Law Professors
    • III. The Multiple Dimensions of the External Counsel
    • IV. Legal Counsels and Lawyers before the International Court of Justice (and Other Courts)
    • V. Is Academic and Scientific Analysiscontaminated by Professional Activity?
    • VI. Conclusions: Every Government Has the Right to Legal Defence; but Not Every Professor Is Obliged to Be Its Lawyer
  • Public International Law before Spanish Domestic Courts (521-536) by José Antonio Pastor Ridruejo and Antonio Pastor Palomar   (165K)
    • Jump to section:
    • I. General Remarks
    • II. International Custom
    • III. Treaties
    • IV. Resolutions of Organs of International Organizations
    • V. Unilateral Acts of States
  • Spanish Constitutional Court Practice on Private International Law (537-566) by Julio D. González Campos   (230K)
    • Jump to section:
    • I. Introduction
    • II. International Jurisdiction
    • III. Choice of Law
    • IV. Recognition and Enforcement of Foreign Judgments and Decisions
  • Spanish Practice on Investment Treaties (567-598) by Isabel García Rodríguez   (246K)
    • Jump to section:
    • I. Introduction: Source Analysis
    • II. Background on the Bilateral Treaties on Investment (BITs)
    • III. Basis for Spanish Cooperation regarding Foreign Investment
    • IV. Duties of the Contracting States Laid Down in the BITs
    • V. Diplomatic Protection or Protection of the BIT?
    • VI. Territorial Limits Referring to BIT Application
    • VII. Prospective and Retrospective Effects of BITs
    • VIII. Settlement of Disputes in BITs
    • IX. Dispute Resolution between Investor and Host State
    • X. Conclusion
  • The International Practice and the Evidence (a Brief Guide for Young Lawyers) (599-622) by Carlos Jiménez Piernas   (209K)
    • Jump to section:
    • I. Introduction
    • II. Conceptual Analysis
    • III. Acquisition of Knowledge
    • IV. Final Considerations
  • Navigare Necesse Est: Internet for European and International Lawyers (623-654) by Björn Arp   (251K)
    • Jump to section:
    • I. Introduction
    • II. The Internet, Commercial Legal Services and the CD-Rom
    • III. The Newsgroups on Legal Topics
    • IV. The Search for Legal Texts on the Internet
    • V. Legal Information Services on the WWW
    • VI. Conclusions
  • Index of Jurisprudence (655-666)   (148K)
  • Index of Authors and Authorities (667-673)   (106K)
  • Analytical Index (674-689)   (177K)