Law in the Service of Human Dignity: Essays

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

x

Preface

xv

Biographical note

xix

List of abbreviations

xxi

PART I Reflections on the contributions of Florentino Feliciano to international law

1

(26)

A judge's judge: Justice Florentino P. Feliciano's philosophy of the judicial function

3

(8)

W. Michael Reisman

The benign first mate

11

(3)

Rosalyn Higgins

The Aristotelian

14

(8)

James Bacchus

Trade and economic justice according to law

22

(5)

Julio A. Lacarte

PART II Insights into the World Trade Organization

27

(212)

Justice Feliciano and the WTO environmental cases: laying the foundations of a `constitutional jurisprudence' with implications for developing countries

29

(15)

John H. Jackson

International trade law, human rights and theories of justice

44

(14)

Ernst-Ulrich Petersmann

Developing countries and the international trading system

58

(18)

Said El-Naggar

North-South issues of foreign direct investments in the WTO: is there a middle-of-the-road approach?

76

(14)

Mitsuo Matsushita

The participation of developing countries in WTO dispute settlement and the role of the Advisory Centre on WTO Law

90

(13)

Leo Palma

Reform of the WTO dispute settlement system: what to expect from the Doha Development Round?

103

(24)

Peter Van Den Bossche

Interpretation and Application of WTO Rules: Florentino Feliciano and the First Seven

127

(9)

Luiz Olavo Baptista

Dispute settlement in the WTO: on the trail of a court

136

(23)

Helene Ruiz Fabri

A proposal to introduce an Advocate General's position into WTO dispute settlement

159

(22)

A. L. C. De Mestral

M. Auerbach-Ziogas

Arbitration at the WTO: a terra incognita to be further explored

181

(21)

Laurence Boisson De Chazournes

The challenges to the legitimacy of the WTO

202

(20)

Debra P. Steger

The World Trade Organization after Cancun

222

(17)

Guiguo Wang

PART III The changing landscape of investment arbitration

239

(60)

The reshaping of the international law of foreign investment by concordant Bilateral Investment Treaties

241

(5)

Stephen M. Schwebel

ICSID arbitration and the state's increasingly remote consent: apropos the Maffezini case

246

(15)

Brigitte Stern

The notion of investment in recent practice

261

(15)

Rudolf Dolzer

Arbitration of investment disputes under Uncitral Rules and the choice of applicable law

276

(23)

Giorgio Sacerdoti

PART IV New challenges in international adjudication

299

(110)

From Preston to Prescott: globalizing legitimate expectation

301

(12)

Francisco Orrego Vicuna

The independence of the international judiciary: some introductory thoughts

313

(10)

Philippe Sands

`Straddling and highly migratory flags' before the International Tribunal for the Law of the Sea

323

(13)

Tullio Treves

Collective security and the personalization of peace

336

(14)

Charlotte Ku

Some thoughts on `Asian' approaches to international dispute resolution

350

(28)

M. C. W. Pinto

The Cameroon v. Nigeria; Equatorial Guinea Intervening (Land and Maritime Boundary) Judgment

378

(31)

Barbara Kwiatkowska

Bibliography of works by Florentino Feliciano

409

(3)

Index

412

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

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