THE LAW OF THE SEA RELATED CASES IN THE INTERNATIONAL COURT OF JUSTICE DURING THE PRESIDENCY OF JUDGE STEPHEN M. SCHWEBEL (1997-2000) AND BEYOND
By Barbara Kwiatkowska
This book explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of the law of the sea as part of the global system of peace and security, during the Presidency of Judge Stephen M. Schwebel (United States) in the busiest triennium in the Court's history (1997-2000) and beyond.
The new style of governance brought by President Schwebel to the Court is appraised against the background of an "intrinsic" authority and paramount functions performed by the ICJ as the world's most senior international court and the only truly universal judicial body of general jurisdiction, as well as that of the continuously inter-active influence of the Court and the International Law Commission.
The book surveys the Gabcikovo-Nagymaros Project, the Spain v. Canada, the Cameroon v. Nigeria and other law of the sea related cases of the Court in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21 in the critical areas of environmental protection, international fisheries and navigation, equitable maritime delimitation and territorial questions, and international institutions. The inaugural practice of ITLOS and the Awards of the Eritrea/Yemen, the Eritrea/Ethiopia Boundary and the Southern Bluefin Tuna Arbitral Tribunals, of which President Schwebel was a member, as well as the Qatar v. Bahrain, the Cameroon v. Nigeria; Equatorial Guinea Intervening, the Oil Platforms and other decisions rendered by the ICJ in the triennia of 2000-2003 and 2003-2006 are taken into due account.
The book concludes that the Court has been further exploring its pre-eminently unique role, as importantly reinforced in the triennium 1997-2000, and that it will undoubtedly continue to do so in the years to come.
Barbara Kwiatkowska is the former Deputy Director of NILOS (Institute for the Law of the Sea, www.law.uu.nl/nilos) at the Utrecht University Faculty of Law, The Netherlands