Full Description
The book addresses the impact of the first judgment of the 'World Court' on the development of international law and its continuing relevance. The contributions to this book discuss the legal issues decided by the PCIJ in the Wimbledon case. In the Wimbledon judgment, the Court referred to the problems that are still important both for procedural and substantive international law, and which attract the attention of states, courts and the academia today. These include: state sovereignty, sources of international law, interpretation of legal rights and obligations following from treaties and custom, 'objective regimes', 'self-contained regimes', neutrality in armed conflicts, the status of international waterways, as well as the issues of jurisdiction such as third-party participation in international adjudication, or locus standi for the protection of community interests.
Contents
Notes on Contributors
Introduction
Roman Kwiecień
1 Shadows of Peace: The Reception of the Treaty of Versailles in Germany and Poland
Raphael Schäfer
2 Public Interest Litigation avant la lettre? Questions of Standing in the Wimbledon Case
Christian J. Tams
3 From s.s. Wimbledon to the Allegations of Genocide Case (Ukraine v. Russia): Third-Party Interventions at the World Court
Michał Balcerzak
4 The s.s. Wimbledon Judgment: General International Law, 'Objective Regimes', 'Self-contained Regimes' and Fragmentation of International Law: Then and Now
Malgosia Fitzmaurice and Agnes Rydberg
5 The Wimbledon Statement on State Sovereignty, and the Relationships between International and National Law: Then and Now
Władysław Czapliński
6 The Sources of International Law and Legal Obligations of States, and the Normative Hierarchy under the Wimbledon Judgment; or Why 'Relative Normativity' Is Intrinsic to the Development of International Law
Roman Kwiecień
7 Wimbledon Judgement and the Evolutive Nature of Neutrality: Decline of the Relic
Michał Kowalski
8 Legal Status of International and Internal Waterways
Barbara Stępień
Conclusion: Persistent Problems of International Law in the Changing World
Roman Kwiecień
Index