International Law in Greek

There has been a continuous presence and contribution of Greek jurists in the discipline of international law ever since the interwar years. Undoubtedly, Nicholas Politis and Stylianos Seferiades were the most prominent Greek international lawyers of the interwar period; the former a government lawyer and diplomat with substantial contribution in almost every aspect of the development of international law both in and out of the institutional context of the League of Nations and the latter an academic who held the first Chair of Public International Law at the Faculty of Law of the National and Kapodistrian University of Athens. They were followed in the 1950s to 1970s by Jean Spyropoulos, professor of international law (Thessaloniki and Athens, member of the International Law Commission, and International Court of Justice (ICJ) judge; Konstantin Eustathiades, professor of international law (Thessaloniki and Athens), member of the International Law Commission, and member of the European Commission of Human Rights; and George Tenekides, professor of international law at the Panteion School of Political Science, member of the European Commission of Human Rights, and member of the UN Committee on the Elimination of Racial Discrimination. Following the restoration of democracy in 1974 a new cohort of international lawyers has dominated the discipline of international law to the present day: Argyrios Fatouros, Christos Rozakis, Konstantin Economides, Emmanuel Roukounas, and Krateros Ioannou. They have each in their own capacity inspired a large number of their students to specialize in international law, a lot of which succeeded them as faculty teaching this subject, and have pursued and are still pursuing distinguished careers in international law both in Greece and abroad. Most of the Greek international lawyers are prolific authors of books and articles and even though the tendency among a growing number of them is to publish their research in English or French an equally large number publish in Greek. They tend to publish textbooks and monographs. As far as the latter are concerned, they cover areas of the law of particular interest for Greece, such as the law of the sea, international environmental law, and human rights law as well as classical subjects, such as the settlement of disputes, international institutions, and the law of armed conflict.

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.


1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.


2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.


2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.


1995 ◽  
Vol 89 (2) ◽  
pp. 395-404 ◽  
Author(s):  
Stephen C. McCaffrey

At its 1994 session, the International Law Commission (ILC) completed the final adoption (“second reading”) of a complete set of thirty-three draft articles on the law of the non-navigational uses of international watercourses, together with a resolution on transboundary confined ground water. The Commission submitted the draft articles and the resolution to the General Assembly and recommended that a convention on international watercourses be elaborated by the Assembly or by an international conference of plenipotentiaries on the basis of the Commission’s draft.


2007 ◽  
Vol 9 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Panos Merkouris

AbstractThe Diversification and expansion of International Law has sparked a series of debates on the present status and future of International Law; even more so, since the ILC decided to tackle the issue of fragmentation. One of the areas of research and controversy has been Article 31(3)(c) of the Vienna Convention on the Law of Treaties which, arguably, enshrines the principle of systemic integration. The aim of this article is to explore the evolution of Article 31(3)(c) from its first inception by the forefathers of international law up to the finalization of the text of the Vienna Convention on the Law of Treaties. By mapping the critical arguments in the three main fora of debate (i.e the Institut de Droit International, the International Law Commission and the Vienna Conference on the Law of treaties) what arises is a series of conclusions with respect to certain aspects of Article 31(3)(c) as well as certain recurring themes in the nature and progress of the discussions. All of the above will show that the drafting history of Article 31(3)(c) seems to suggest that the relevant provision was meant to serve a purpose expressed more concisely by the symbol of Ouroboros rather than of a mere "master-key" to the house of International Law.


Author(s):  
Kohen Marcelo G

This chapter addresses the topics of desuetude and obsolescence of treaties. These grounds for the termination of treaties were not included in the Vienna Conventions on the Law of Treaties neither at the behest of the International Law Commission nor during the Vienna Conferences. It analyses whether the failure to include these grounds of termination in the Vienna Conventions is justified. It concludes that the Vienna Conventions rightly did not include desuetude, which does not find a place in international law. In contrast, obsolescence of treaties is a ground for the termination of treaties that exists outside the regime of the Vienna Conventions, and it applies when a change in the legal framework of a treaty renders whole or part of the treaty inapplicable.


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