Rüdiger Wolfrum

Conflicts in international environmental law

I - Conflicts between Environmental Agreements.- II - Approaches to the Coordination of International Environmental Agreements.

The Exercise of Public Authority by International Institutions

Concept.- Developing the Publicness of Public International Law: Towards a Legal Framework for Global Governance Activities.- From Public International Law to International Public Law: A Comment on the #x201C Public Authority#x201D of International Institutions and the #x201C Publicness#x201D of their Law.- To Tame and to Frame.- International Bureaucracies from a Political Science Perspective #x2013 Agency, Authority and International Institutional Law.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Decisions.- The UN Security Council Al-Qaida and Taliban Sanctions Committee: Emerging Principles of International Institutional Law for the Protection of Individuals?.- WIPO#x2019 s International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties.- International Institutions and Individualized Decision-Making: An Example of UNHCR#x2019 s Refugee Status Determination.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Recommendations.- Effective Governance through Decentralized Soft Implementation: The OECD Guidelines for Multinational Enterprises.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivduals - Information.- The Administration of Information in International Administrative Law #x2013 The Example of Interpol.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Decisions.- Flexibility and Legitimacy #x2014 The Emissions Trading System under the Kyoto Protocol.- The UNESCO Regime for the Protection of World Heritage as Prototype of an Autonomy-Gaining International Institution.- The UNESCO Regime for the Protection of World Heritage.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Recommendations.- Regulating Minority Issues through Standard-Setting and Mediation: The Case of the High Commissioner on National Minorities.- Thematic Studies: The Exercise of Public Authority through Instruments Concerning Indivdual States - Information.- Governance through Promotion and Persuasion: The 1998 ILO Declaration on Fundamental Principles and Rights at Work.- The WTO Committee on Trade in Financial Services: The Exercise of Public Authority within an Informational Forum.- The Exercise of Public Authority through General Instruments: Secondary Law.- The Administration of the Vocabulary of International Trade: The Adaptation of WTO Schedules to Changes in the Harmonized System.- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) #x2013 Conservation Efforts Undermine the Legality Principle.- The Exercise of Public Authority through General Instruments: International Public Standards.- Legal Challenges of Non-binding Instruments: The Case of the FAO Code of Conduct for Responsible Fisheries.- Why Would International Administrative Activity Be Any Less Legitimate? #x2014 A Study of the Codex Alimentarius Commission.- The Exercise of Public Authority through General Instruments: Public Authority through Private Law Instruments.- ICANN #x2013 Governance by Technical Necessity.- International Administration of Holocaust Compensation: The International Commission on Holocaust Era Insurance Claims (ICHEIC).- Cross-Cutting Analyses.- Inside Relative Normativity: From Sources to Standard Instruments for the Exercise of International Public Authority.- Goldmann Variations.- General Principles of International Public Authority: Sketching a Research Field.- Is There a Global Administrative Law?.- Procedures of Decision-Making and the Role of Law in International Organizations.- The Contributions by Jochen von Bernstorff and by Maja Smrkolj.- The Enforcement Authority of International Institutions.- The Enforcement Authority of International Institutions #x2013 Some Remarks and Suggestions for Further Analysis.- Holding International Institutions Accountable: The Complementary Role of Non-Judicial Oversight Mechanisms and Judicial Review.- International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority.- International Composite Administration.- Legitimacy of International Law and the Exercise of Administrative Functions: The Example of the International Seabed Authority, the International Maritime Organization (IMO) and International Fisheries Organizations.- Context.- The Internationalization of Administrative Relations as a Challenge for Administrative Law Scholarship.- Procedural Due Process of Law Beyond the State.

The right to a fair trial

The papers of this volume deliver a survey of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. The contributors assess the extent to which these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.

Enforcing Environmental Standards: Economic Mechanisms as Viable Means?

From the contents: The Protection of Environmental Interests of the World Community Through International Environmental Law.- The International Environmental Law of Cooperation.- The GATT/WTO Dispute Settlement Process: Can it Reconcile Trade Rules and Environmental Needs?- Trade Restrictions as Viable Means of Enforcing Compliance with International Environment Law: An Economic Assessment.- The Case of the Convention on Trade in Endangered Species.- Trade Restrictions as Means of Enforcing Compliance with International Environmental Law.- The United Nations Framework Convention on Climate Change: On the Road towards Sustainable Development.- New Approaches to Achieve Sustainable Management of Tropical Timber.- The Implementation of the Basel Convention in German National Environmental Law as an Example for the Use of the Economic Mechanisms.- From Theory to Practice: The Second Phase of the NAFTA Environmental Regime.- Ecolabelling: Consumer Right-to-Know or Restrictive Business Practice?- Fostering Recycling and World Trade Rules: Incompatible?

Solidarity : a structural principle of international law

Opening Address.- Revisiting Solidarity as a (Re-)Emerging Constitutional Principle: Some Further Reflections.- Solidarity and the Law of Development Cooperation.- Responsibility to Protect: Reflecting Solidarity?.- Intergenerational Equity.- Military Intervention without Security Council#x2019 s Authorisation as a Consequence of the #x201C Responsibility to Protect#x201D .- Common Security: The Litmus Test of International Solidarity.- Concluding Remarks.

Legitimacy of International Law from a Legal Perspective: Some Introductory Considerations

This Seminar is and is meant to be a continuation of the Conference in November 2003 on Developments of International Law in Treaty Making.1 The issue of the legitimacy of new forms of international law-making was touched upon, but it was not in the focus either of the Conference or of the individual contributions. This Seminar should equally be seen as a continuation of the “American-European Dialogue: Different Perceptions of International Law”2 Workshop since it is the question of the legitimacy of international law which is at the roots of such different perceptions.3

The Status of the Taliban: Their Obligations and Rights under International Law

The question what status the Taliban enjoy under international law or what status may be attributed to them by the Security Council is possibly of relevance for some of the issues addressed and discussed controversially, so far. Apart from that and, more generically, it is worth reflecting whether the traditional views concerning subjectivity under international law should not be reconsidered due to the actions of the Security Council vis-a-vis the Taliban .

International dispute settlement : room for innovations?

Opening Address.- What Makes the WTO Dispute Settlement Procedure Particular: Lessons to be Learned for the Settlement of International Disputes in General? Advisory Opinions: Are they a Suitable Alternative for the Settlement of International Disputes?- Interaction between Counsel and International Courts and Arbitral Tribunals: Ethical Standards for Counsel.- International Courts as Lawmakers.- Privatization of the Settlement of International Disputes.- Final Remarks and Conclusions.

WTO : technical barriers and SPS measures

Preface to the Series Preface to this Volume List of Contributors Table of Abbreviations and Acronyms General Bibliography General Agreement on Tariffs and Trade 1994 Article III GATT (Hestermeyer) Article XI GATT (Wolfrum) Article XX GATT [Introduction] (Wolfrum) Article XX GATT [Chapeau] (Wolfrum) Article XX lit. a GATT (Wenzel) Article XX lit. b GATT (Stoll & Strack) Article XX lit. c GATT (Matz-Luck) Article XX lit. d GATT (Reyes-Knoche & Arend) Article XX lit. e GATT (Wenzel) Article XX lit. f GATT (Matz-Luck) Article XX lit. g GATT (Matz-Luck & Wolfrum) Article XX lit. h GATT (Matz-Luck) Article XX lit. i GATT (Matz-Luck) Article XX lit. j GATT (Matz-Luck) Agreement on Technical Barriers to Trade Preamble TBT (Koebele) Article 1 and Annex 1 TBT (Koebele) Article 2 TBT (Tamiotti) Article 3 TBT (Tamiotti) Article 4 und Annex 3 TBT (Koebele & LaFortune) Article 5 TBT (Munoz) Article 6 TBT (Munoz) Article 7 TBT (Munoz) Article 8 TBT (Munoz) Article 9 TBT (Koebele) Article 10 TBT (Koebele) Article 11 TBT (Krajewski) Article 12 TBT (Krajewski) Article 13 TBT (Bartels) Article 14 and Annex 2 TBT (Schorkopf) Article 15 TBT (Bartels) Agreement on the Application of Sanitary and Phytosanitary Measures Preamble SPS (Charnovitz) Article 1 and Annex A SPS (Charnovitz) Article 2 SPS (Seibert-Fohr) Article 3 SPS (Landwehr) Article 4 SPS (Landwehr) Article 5 SPS (Stoll & Strack) Article 6 SPS (Landwehr) Article 7 and Annex B SPS (Boeckenfoerde) Article 8 and Annex C SPS (Boeckenfoerde) Article 9 SPS (Seibert-Fohr) Article 10 SPS (Seibert-Fohr) Article 11 SPS (Schorkopf) Article 12 SPS (Roeben) Article 13 SPS (Roeben) Article 14 SPS (Roeben) Index

Human Dignity and Human Cloning

Preface, (Silja Voneky/Rudiger Wolfrum) List of Contributors List of Abbreviations Part 1: Human Creation and Human Dignity in Religious and Ethical Perspectives 1. The Creation and the Dignity of Man in Islam (Reza Sheikholeslami) 2. The Pali Buddhist Approach to Human Cloning (Andrew Huxley) 3. Some Aspects of the Buddhist Assessment of Human Cloning (Jens Schlieter) 4. The Jewish Perspective on Cloning (Manfred Oeming) 5. Christianity and Western Philosophy (Robert Spaemann) Part 2: Human Cloning from a Scientific Perspective 6. Human Cloning from a Scientific Perspective (Ernst-Ludwig Winnacker) Part 3: Limits to Human Cloning under the German Constitution 7. The Human Embryo is a Person and not an Object (Christian Starck) 8. Does the German Basic Law Protect against Human Cloning? (Jorn Ipsen) 9. Does Cloning Violate the Basic Laws Guarantee of Human Dignity? (Horst Dreier) 10. Back to Kant! An Interjection in the Debate on Cloning and Human Dignity (Wolfgang Graf Vitzthum) 11. From Procreation to Generation? Constitutional and Legal-Political Issues in Bioethics (Brigitte Zypries) Part 4: Limits to Human Cloning in International Law 12. International Legal Limits to Human Cloning (Hans Lilie) 13. Who Is Protected by Human Rights Conventions? Protection of the Embryo vs. Scientific Freedom and Public Health (Rudiger Wolfrum/Silja Voneky) 14. The Negotiations on a Treaty on Cloning: Some Reflections (Mahnoush H. Arsanjani) 15. A Convention on Cloning - Annotations to an almost Unsolvable Dilemma (Spiros Simitis) Annex: Relevant International and National Documents I. International Convention against the (Reproductive) Cloning of Human Beings II. Other International Resolutions and Declarations III. Council of Europe IV. European Union V. German Law.