Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.
Stephen M. Schwebel has been a practitioner, professor, government legal adviser, judge and arbitrator. He gained early experience in international arbitration while practising law in New York with White and Case (1954-59), taught international law, commercial law and contracts as an assistant professor at Harvard Law School (1959-61), and served as Assistant Legal Adviser for UN Affairs of the U.S. Department of State (1961-66). In the years 1967-72, he was the executive director of the American Society of International Law and Burling Professor of International Law at the School of Advanced International Studies of The Johns Hopkins University. He returned to the State Department in 1973 as Counselor on International Law and served as a Deputy Legal Adviser from 1974 to 1980. He was elected a member of the UN International Law Commission in 1977 and was appointed its Special Rapporteur on International Watercourses. In January 1981, he became a judge of the International Court of Justice, and, in 1997, President of the Court. Since his retirement from the Court in 2000, he has been a leading international arbitrator. He has lectured widely and is the author of The Secretary-General of the United Nations: His Political Powers and Practice (1952), International Arbitration: Three Salient Problems (1984) and Justice in International Law (1994). Judge Schwebel is a member of the Institut de Droit International, an Honorary Bencher of Gray's Inn, and an Honorary Fellow of Trinity College, Cambridge.
Part I. International Court of Justice: 1. Reflections on international adjudication; 2. The impact of the International Court of Justice; 3. The politics of adjudication; 4. National judges and judges ad hoc of the International Court of Justice; 5. The roles of the Security Council and the International Court of Justice in the application of international humanitarian law; 6. The interactive influence of the International Court of Justice and the International Law Commission; 7. A site visit of the Court; 8. The proliferation of international tribunals: threat or promise?; 9. The Gulf of Maine Maritime Boundary Delimitation: Constitution of the Chamber; 10. The judgment of the International Court of Justice in the case concerning the Gabcikivo-Nagymaros project; 11. Gorbachev embraces compulsory jurisdiction; Part II. International Arbitration: 12. A BIT about ICSID; 13. The influence of bilateral investment treaties on customary international law; 14. The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law; 15. The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law; 16. Anti-suit injunctions in international arbitration: an overview; 17. The law applicable in international arbitration: public international law; 18. The validity of an arbitral award rendered by a truncated tribunal; 19. The authority of a truncated tribunal; 20. Injunction of arbitral proceedings and truncation of the tribunal; 21. Public policy and arbitral procedure; 22. The creation and operation of an International Court of arbitral awards; 23. The kingdom of Saudi Arabia and Aramco litigate the Onassis Agreement; 24. The Southern Bluefin Tuna case; 25. Does the consent of the contracting parties govern the requirement of an 'investment' as specified in Article 25 of the ICSID Convention?; Part III. Miscellaneous: 26. May preparatory work be used to correct rather than to confirm the 'clear' meaning of a treaty provision?; 27. Clean hands, principle; 28. Compound interest in international law; 29. The prescience and pertinence of the ILO; 30. Is mediation of foreign investment disputes plausible?; 31. Hersch Lauterpacht: fragments for a portrait; 32. The collected papers of Hersch Lauterpacht.