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President Stephen Schwebel

Judge Stephen M. Schwebel
Former President
International Court of Justice

Biography

Courts and Tribunals
International Adjudication and Arbitration
The Merits (and Demerits) of
International Adjudication and Arbitration
International arbitration has been a significant mode of settlement of international disputes for some 200 years, and international adjudication has been such since 1922. Both have burgeoned in recent decades with notable impact on the progressive development of international law.

Video | Audio
(31/1/2008, 47 minutes)
Courts and Tribunals
International Adjudication and Arbitration
The Merits (and Demerits) of International Adjudication and Arbitration
A. Legal Instruments

Hague Conventions of 1899 and 1907.

Covenant of the League of Nations, League of Nations,Paris, 28 April 1919, Official Journal, 1st year, No. 1, February 1920, p. 3 (Text of the Covenant available on the website of Yale Law School’s Avalon Project).

Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, United Nations, Treaty Series, vol. 330, p. 3.

Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 18 March 1965, United Nations, Treaty Series, vol. 575, p. 159.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p.3.
B. Jurisprudence

Arbitral Tribunal, Alabama Claims of the United States of America Against Great Britain, Decision of 14 September 1872, Award of 14 September 1872, Reports of International Arbitral Awards, vol. 29, p. 125.

International Court of Justice, Northern Cameroons (Cameroon v. United Kingdom), Application Instituting Proceedings of 30 May 1961.

International Court of Justice, Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), Advisory Opinion of 20 July 1962, I.C.J. Reports 1962, p. 151.

International Court of Justice, Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), Request for Advisory Opinion of 27 December 1961.

International Court of Justice, Territorial Dispute (Libyan Arab Jamahiriya/Chad), Judgment, I.C.J. Reports 1994, p. 6.

International Court of Justice, Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, I.C.J. Reports 1999, p. 62.

International Court of Justice, Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening), Judgment, I.C.J. Reports 2002, p. 303.

International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.

International Court of Justice, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43.


C. Documents

Treaty of Amity Commerce and Navigation, between His Britannic Majesty and the United States of America (“Jay’s Treaty”), London, 19 November 1794.

Mixed Claims Commission (United States and Germany) (1 November 1923 - 30 October 1939), Constituted under the Agreement of 10 August 1922, Extended by Agreement of 31 December 1928, Reports of International Arbitral Awards, vol. 7, pp. 1-391.

Declaration of the Government of the Democratic and Popular Republic of Algeria relating to the Commitments Made by Iran and the United States, Algiers, 19 January 1981.

Declaration of the Democratic and Popular Republic of  Algeria concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran, Algiers, 19 January 1981.

General Assembly resolution 52/152 of 15 December 1997 (United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law).

Agreement on Cessation of Hostilities between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea, Algiers, 18 June 2000.

Agreement between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea, Algiers, 12 December 2000.

General Assembly resolution 62/62 of 6 December 2007 (United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law).