The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.
• A collection of essays written by leading international scholars and practitioners to honour the achievements of Florentino Feliciano to the development of international law • Contributors discuss key issues such as trade and human rights, the WTO environmental cases and potential reforms of the WTO dispute system • Of special interest to analysts of the World Trade Organization, as contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators
Part I. Introduction; Foreword; Biographical Note; Part II. Reflections on the Contributions of Florentino Feliciano to International Law: A Judge's Judge Michael Reisman; The Benign First Mate Rosalyn Higgins; The Aristotelian James Bacchus; Trade and Economic Justice According to the Law Julio Lacarte; Part III. Insights Into the World Trade Organization: Justice Feliciano and the WTO Environmental Cases: Laying the Foundations of a 'Constitutional Jurisprudence' with Implications for Developing Countries John Jackson; International Trade Law, Human Rights and Theories of Justice E. U. Petersmann; Developing Countries and the International Trading System Said El-Naggar; North/South Issues of Foreign Direct Investments in the WTO-Is There a Middle of the Road Approach? Mitsuo Matsushita; The Participation of Developing Countries in WTO Dispute Settlement and the Role of the Advisory Centre on WTO Law Leo Palma; Reform of the WTO Dispute Settlement System: what to expect from the Doha Development Round? Peter Van den Bossche; Interpretation and application of the WTO Rules: Florentino and the First Seven Luis Olavo Baptista; Dispute Settlement in the WTO: on the trail of a court Héléne Ruiz Fabri; A proposal to introduce an Advocate General's position into WTO Dispute Settlement Armand de Mestral and M. Auerbach-Ziogas; Arbitration at the WTO: to be further explored Laurence Boisson de Chazournes; The challenges to the legitimacy of the WTO Debra Steger; The World Trade Organization after Cancún Guiguo Wang; Part IV. The Changing Landscape of Investment Arbitration: The Reshaping of the International Law on Foreign Investment by concordant bilateral investment treaties Stephen Schwebel; International arbitration and the State's increasing Remote Consent Brigitte Stern; The Notion of Investment in Recent Practice Rudolf Dolzer; Arbitration of Investment Disputes between UNCITRAL Rules and ICSID Giorgio Sacerdoti; Part V. New Challenges in International Adjudication: From Preston to Prescot: Globalising Legitimate Expectation Francisco Orrego Vicúna; The Independence of the International Judiciary: Some Introductory Thoughts Philippe Sands; 'Straddling and Highly Migratory Flags] Before the International Tribunal for the Law of the Sea Tullio Treves; Collective Security and the Personification of Peace Charlotte Ku; Some Thoughts on 'Asian' Approaches to International Dispute Resolution Christoper W. Pinto; The 'Cameroon v. Nigeria: Equatorial Guinea Intervening Land and Maritime Boundary' Judgement Barbara Kwiatkowska; Part VI. Bibliography of Writings by Florentino Feliciano.
'The merit of this book is the inside knowledge and prestigious standing of some of the contributors, especially those who have worked on the WTO Appellate Body. For anyone interested in the WTO and/or other economic adjudication processes this book makes excellent reading.' International Affairs