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Full Description
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.
In this volume, several articles focus on the questions of international legal personality, the legal rights and duties of individuals in certain specialised international legal regimes and their procedures, and the use and abuse of international law in the EU legal order.
Contents
Contents
Editorial vii
Notes on Contributors x
1 Reviving the Doctrine of International Legal Personality
International Courts and Tribunals as De Jure and De Facto Legal Persons in International Law 1
Neil Nucup
2 Investment Arbitration as a Forum for Enforcement of Commercial Arbitration Awards 33
Aniruddha Rajput
3 Margin of Appreciation: A Model for Immigration Reform in the United States during COVID-19 75
Bethany Gamble
4 Procedural Safeguards in the ILC Draft Articles on the Immunity of State Officials from Foreign Criminal Jurisdiction
A Pathway to Better Outcomes 89
Maeve Claffey
5 The Role of Domestic Courts in the Prosecution of International Crimes
Why Functional Immunity of Foreign State Officials Is Not an Obstacle to the Jurisdiction of National Courts 119
Alejandro Ortega Navarro
6 Closing the Preliminary Examination in Colombia Should Not Mean Closing the Eyes
Why the Jurisdicción Especial para la Paz Still Faces Challenges in Interpreting 'Command Responsibility' in Accordance with the Rome Statute 147
Jana Kreulach
7 The CJEU's Reasoning in Slovenia v Croatia: A Dispute Ancillary to Another Dispute, but Which One? 181
Jure Vidmar
8 The Gambia vs The Union of Myanmar under the Genocide Convention
A Case Doomed to Fail 205
Andrés H. Cáceres-Solari
