By Tobias Stoll (auth.), Doris König, Peter-Tobias Stoll, Volker Röben, Nele Matz-Lück (eds.)
ISBN-10: 3540752048
ISBN-13: 9783540752042
ISBN-10: 3540752056
ISBN-13: 9783540752059
th Rüdiger Wolfrum celebrated his sixty five birthday on thirteen December 2006. in this special day, present and previous contributors of the massive circle of his PhD and post-doctorate scholars (Doktoranden und Habilit- den) equipped a symposium with regards to “International legislation - day: New demanding situations and the necessity for Reform?” to honour him and his educational paintings as a instructor and researcher. The symposium happened on the Max Planck Institute for Comparative Public legislations and - ternational legislations in Heidelberg on 15 and sixteen December 2006. on account that Rüdiger Wolfrum is a well known pupil in lots of diversified fields of public nationwide and overseas legislation, the topics lined through the audio system and commentators replicate the big variety of matters he labored on in his lengthy and ambitious educational occupation. They expand from a cri- cal evaluate of the recent accountability to guard and the function of the UN defense Council in post-conflict administration, recommendations at the proliferation of foreign tribunals with reference to the harmony or fragmentation of foreign legislations, marine genetic assets within the deep sea and environmental safeguard in Antarctica to human rights matters when it comes to highbrow estate rights and the security of minorities. all of the displays taken with new traits in overseas legislation and therefore the lead of Rüdiger Wolfrum who has constantly been on the leading edge of cutting edge felony developments.
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50 Fassbender, see note 47, 74; M. Kumm, “The Legitimacy of International Law: A Constitutionalist Framework of Analysis”, EJIL 15 (2004), 906 et seq. ” With respect to the WTO: R. Howse/ K. ”, Governance 16 (2003), 73 et seq. ). g. g. e. 54 If one accepts that complementarity is a form of subsidiarity, then the ICC can play an active role in assisting states in the prosecution of international crimes. 56 In fact, the Statute itself provides for forms of cooperation by the Court with 51 Report of the Secretary-General, see note 11, para.
36 For a critique see Wolfrum, see note 34, 977. 37 Wolfrum, see note 34, 979. 38 See (with respect to the EU): P. G. Carozza, “Subsidiarity as a Structural Principle of International Human Rights Law”, AJIL 97 (2003), 38 et seq. (52). e. of ensuring that the protective aspect of sovereignty is fulfilled under all circumstances. It is decisive to see in this context that complementarity is not a “selfjudging reservation” of national sovereignty. 41 It is hard to see in this competence of the Court “one of the worst assaults on sovereignty”,42 since, for reasons of efficiency, it is hardly imaginable that states themselves could decide when they were willing or able to prosecute.
62 Given the rationale of the complementarity principle as a safeguard of sovereignty as “responsibility to protect”, only where states used selfreferrals to mala fide circumvent their own responsibilities could the Court hold the case inadmissible. Such situation can, however, hardly be imagined, especially if the criteria set out above are present. At the same time, complementarity does not only envisage primary jurisdiction of the territorial state, but also of other states having jurisdiction over the crimes concerned.
International Law Today: New Challenges and the Need for Reform? by Tobias Stoll (auth.), Doris König, Peter-Tobias Stoll, Volker Röben, Nele Matz-Lück (eds.)
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