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International Courts and the Development of
International Law Essays in Honour of Tullio Treves 1st
Edition Bernard H. Oxman (Auth.) Digital Instant
Download
Author(s): Bernard H. Oxman (auth.), Nerina Boschiero, Tullio Scovazzi,
Cesare Pitea, Chiara Ragni (eds.)
ISBN(s): 9789067048941, 9067048941
Edition: 1
File Details: PDF, 7.00 MB
Year: 2013
Language: english
International Courts and the Development
of International Law
The present publication was produced with the generous
support of the following Italian universities

The University of Milano

The University of Milano-Bicocca
The University of Cagliari
The University of Trento
The University of Parma
The University of Brescia
Nerina Boschiero Tullio Scovazzi
•

Cesare Pitea Chiara Ragni

•

Editors

International Courts
and the Development
of International Law
Essays in Honour of Tullio Treves

123
Editors
Nerina Boschiero Cesare Pitea
Dipartimento di diritto pubblico Dipartimento di Giurisprudenza
italiano e sovranazionale University of Parma
University of Milano Parma
Milan Italy
Italy

Tullio Scovazzi Chiara Ragni

Dipartimento delle scienze giuridiche Dipartimento di diritto pubblico
nazionali e internazionali italiano e sovranazionale
University of Milano-Bicocca University of Milano
Milan Milan
Italy Italy

ISBN 978-90-6704-893-4 ISBN 978-90-6704-894-1 (eBook)

DOI 10.1007/978-90-6704-894-1

Library of Congress Control Number: 2012949075

Ó T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2013

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl

Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg

No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by
any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written
permission from the Publisher, with the exception of any material supplied specifically for the purpose
of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
The use of general descriptive names, registered names, trademarks, etc. in this publication does not
imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.

Printed on acid-free paper

Springer is part of Springer Science+Business Media (www.springer.com)

Preface

Under Article 38 of its Statute, the International Court of Justice can apply judicial
decisions only as a ‘‘subsidiary means for the determination of rules of law’’.
However, there are many reasons to believe that international courts and tribunals
do play quite an important role in the progressive development of international
law. There are a number of decisions which are inevitably recalled as the first step,
or a decisive step, in the process of the formation of a new rule of customary
international law. Can, in these cases, the judge be considered as a subsidiary of
others? Are these cases compatible with the common belief that a judge cannot
create law? Is this a peculiarity of international law, which is characterized by the
existence of several courts but the lack of a legislator? Do decisions by different
courts lead to the consequence of a fragmented international law? This volume
aims to provide the reader with an elaboration of various questions linked to the
legislative or, depending on the preferences, quasi-legislative role of courts.
In their choices of subjects, the contributors have taken into account both the
general aspects of the development of international rules through court decisions
and the instances of specific sectors of international law, such as human rights,
international crimes, international economic law, environmental law, and the law
of the sea. Others have chosen the subject of rules on jurisdiction and the pro-
cedure of international courts. The question of the courts’ role, mutatis mutandis,
in the development of areas of law different from public international law, namely
private international law and European Union law, has also been considered.
***
The subject of this collection of essays is also linked to the outstanding char-
acteristics of the scholar in honour of whom it is published at the time of his
retirement from the University of Milan. Tullio Treves combines an academic
background with the experiences of a negotiator of international treaties and a
judge of an international tribunal.1 He has been professor of international law

1
For more details see the curriculum vitae included in this volume.

v
vi Preface

in the Italian Universities of Sassari, Turin, and Milan and has given and will
deliver lectures and courses in many and prestigious academies all around the
world, including the Hague Academy of International Law. His bibliography is
impressive for the quality and number of works, as well as for the variety of the
subjects and languages.2 His first diplomatic experience, as a legal expert of the
Italian delegation at the Third Conference of codification of international law of
the sea (1973–1982), has been followed by several others. In 1996 he was elected
judge of the International Tribunal for the Law of Sea where he sat until 2011. He
was subsequently also elected by his colleagues as President of the Seabed Dis-
putes Chamber of the Tribunal and largely contributed to the seminal advisory
opinion rendered by it in 2011 on Responsibilities and Obligations of States
Sponsoring Persons and Entities with respect to Activities in the Area.
It is also because he has a great deal to say on how international law develops
that the editors of this collection are certain that Tullio Treves will appreciate the
contributions written by friends and colleagues and collected in this volume.
***
The two original editors Nerina Boschiero and Tullio Scovazzi, owe a great
debt of gratitude to Tullio Treves under the supervision of whom they have begun
their legal studies and with whom they have subsequently shared many unfor-
gettable experiences. They have taken the initiative of promoting this collection of
essays also as the less young3 among those who have the privilege to consider
Tullio Treves as their mentor.
In their task, while having the benefit of reading in advance the contributions
and learning a great deal from them, the editors had to address two inevitable
questions
The first question was the drawing of the list of contributors. It was evident that
it would have been impossible to include all those who were willing to participate
for well justified reasons of friendship and collaboration and that a difficult and
perhaps questionable choice had to be made. The editors finally decided to invite a
number of lawyers who have participated with Tullio Treves in diplomatic
negotiations or have been judges at the International Tribunal for the Law of the
Sea. They have also included his colleagues at the Department of International
Law of the University of Milan and on the board of editors of the Rivista di Diritto
Internazionale Privato e Processuale. Finally, they have invited some young
scholars who have benefited from academic advice and supervision by Tullio
Treves during the development of their legal research.
The second question was the dimension of the contributions in order not to
exceed what could be contained in one volume. The editors started by prescribing
a precise limit of space and continued by strictly enforcing it. Most contributors

2
See the bibliography included in this volume.
3
To be precise, Tullio Scovazzi is much older than Nerina Boschiero.
Preface vii

have complied with this imposition and the editors are sincerely grateful to them
because they have facilitated their task. Other contributors have not4 and the
editors are equally grateful to them, because they have understood the deeply
rooted Mediterranean culture of the editors, according to which every rule has its
exceptions.
***
The editors wish to thank all those people who in one way or another have
helped to bring this collection of essays to its conclusion. In particular the editors
are indebted to Chiara Ragni and Cesare Pitea, who with a lot of competence and
goodwill took much of the burden of the editorial effort on their shoulders and
were finally appointed editors, together with the two original ones. They are also
grateful to Angelica Bonfanti, Benedetta Cappiello, Chiara Sisler, Elena Fasoli,
Francesca Romanin Jacur, Giorgia Sosio De Rosa, Giulia Bigi, Luigi Crema,
Maria Chiara Noto, Michele Potest, Sabrina Urbinati, Seline Trevisanut, and
Stefano Brugnatelli who acted as ‘stylists’ in ensuring that each paper was written
in a uniform style as for abbreviations, quotations, and other details. Special thanks
are due to Peter Morris who supervised most of the papers written by non-English
native language contributors, to Seline Trevisanut, who did a similar work for texts
in French, as well as to Philip van Tongeren and Marjolijn Bastiaans who provided
the highly professional publishing services of T.M.C. Asser Press. It is also
appropriate to thank the Universities of Brescia, Cagliari, Milan, Milano-Bicocca,
Parma, and Trento which financed the publication of this book. Above all the
editors wish to express their gratitude to the group of friends, colleagues and
followers of Tullio Treves who generously contributed their intellectual resources
and valuable time to make possible the completion of this collective effort.

Milan, June 2012 Nerina Boschiero

Tullio Scovazzi

4
Regrettably one of the editors is among them.
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 Dentistry - Lab Report
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Prepared by: Teaching Assistant Williams

Date: August 12, 2025

Abstract 1: Literature review and discussion

Learning Objective 1: Statistical analysis and interpretation
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 2: Case studies and real-world applications
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Learning Objective 3: Study tips and learning strategies
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Learning Objective 4: Research findings and conclusions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 5: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Learning outcomes and objectives
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 6: Diagram/Chart/Graph]
Note: Comparative analysis and synthesis
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 7: Problem-solving strategies and techniques
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 8: Diagram/Chart/Graph]
Practice Problem 8: Assessment criteria and rubrics
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 9: Fundamental concepts and principles
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Unit 2: Best practices and recommendations
Example 10: Literature review and discussion
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Comparative analysis and synthesis
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 12: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Case studies and real-world applications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Critical analysis and evaluation
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Case studies and real-world applications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 16: Theoretical framework and methodology
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 17: Diagram/Chart/Graph]
Note: Ethical considerations and implications
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Interdisciplinary approaches
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Study tips and learning strategies
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Conclusion 3: Study tips and learning strategies
Practice Problem 20: Problem-solving strategies and techniques
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 21: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 22: Best practices and recommendations
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 23: Comparative analysis and synthesis
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Experimental procedures and results
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Learning outcomes and objectives
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Current trends and future directions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 27: Diagram/Chart/Graph]
Key Concept: Interdisciplinary approaches
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 28: Key terms and definitions
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Comparative analysis and synthesis
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Topic 4: Best practices and recommendations
Definition: Statistical analysis and interpretation
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Interdisciplinary approaches
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 32: Diagram/Chart/Graph]
Important: Historical development and evolution
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 33: Critical analysis and evaluation
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 34: Fundamental concepts and principles
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 35: Experimental procedures and results
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Comparative analysis and synthesis
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Literature review and discussion
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 39: Case studies and real-world applications
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Lesson 5: Ethical considerations and implications
Definition: Best practices and recommendations
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 41: Fundamental concepts and principles
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Study tips and learning strategies
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Practical applications and examples
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 45: Comparative analysis and synthesis
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Fundamental concepts and principles
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Research findings and conclusions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 48: Comparative analysis and synthesis
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 49: Key terms and definitions
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
References 6: Ethical considerations and implications
Remember: Assessment criteria and rubrics
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 51: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Experimental procedures and results
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Learning outcomes and objectives
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 54: Diagram/Chart/Graph]
Definition: Fundamental concepts and principles
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 55: Diagram/Chart/Graph]
Practice Problem 55: Experimental procedures and results
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 56: Diagram/Chart/Graph]
Example 56: Key terms and definitions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 57: Research findings and conclusions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Comparative analysis and synthesis
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 59: Diagram/Chart/Graph]
Note: Case studies and real-world applications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 60: Diagram/Chart/Graph]
Chapter 7: Literature review and discussion
Key Concept: Interdisciplinary approaches
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 61: Diagram/Chart/Graph]
Practice Problem 61: Interdisciplinary approaches
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 62: Diagram/Chart/Graph]
Note: Statistical analysis and interpretation
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Statistical analysis and interpretation
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Current trends and future directions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Ethical considerations and implications
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Fundamental concepts and principles
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 67: Diagram/Chart/Graph]
Key Concept: Learning outcomes and objectives
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 68: Study tips and learning strategies
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Problem-solving strategies and techniques
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Introduction 8: Critical analysis and evaluation
Remember: Study tips and learning strategies
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 71: Diagram/Chart/Graph]
Definition: Historical development and evolution
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 72: Experimental procedures and results
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 74: Diagram/Chart/Graph]
Example 74: Historical development and evolution
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 76: Interdisciplinary approaches
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 77: Problem-solving strategies and techniques
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 78: Diagram/Chart/Graph]
Definition: Research findings and conclusions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Practical applications and examples
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
References 9: Comparative analysis and synthesis
Key Concept: Statistical analysis and interpretation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 81: Diagram/Chart/Graph]
Example 81: Literature review and discussion
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Case studies and real-world applications
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Best practices and recommendations
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Historical development and evolution
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 85: Diagram/Chart/Graph]
Example 85: Statistical analysis and interpretation
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
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