Procedures in International Law
A Procedural Perspective in Law.- Procedures in International Law.- The Quest and the Notion.- National Legal Procedures.- Limiting National Jurisdiction by Procedural Means.- Substantive International Law Before National Fora.- International Legal Adjudication.- Alternative Methods of Dispute Resolution.- Conflicts Between Adjudicators Applying International Law.
Jurisdiction and arbitration agreements and their enforcement
Overview of the European framework. Formal requirements of jurisdiction and arbitration agreements. Nature and construction of jurisdiction and arbitration agreements. Incorporation of jurisdiction and arbitration agreements. The governing law of the dispute resolution agreement and other choice of law issues. Parties - Who is bound? Who can enforce? Relationship with international convention and foreign law. Commencement of proceedings or arbitration. Stay of proceedings / Declining jurisdiction. Stay (Arbitration). Restraining injunctions and orders. Declaratory relief. Damages. Enforcement of judgments, orders and awards. Enforcement of mediation agreements. Appendices including Precedents.
Congressional Control over Treaty Interpretation
On September 8, 1951, the United States and 47 other Allied Powers signed the Multilateral Treaty of Peace with Japan (Japan-U.S. Peace Treaty).1 Article 14 of the treaty provides that the Allied nations will "waive all ... claims of the Allied Powers and their nationals arising out of any actions taken by Japan and its nationals in the course of the prosecution of the war."2 On March 22, 2001, Congressman Dana Rohrabacher (R-CA) introduced the Justice for United States Prisoners of War Act of 2001 (Justice for POWs Act).3 This legislation requires: