This book celebrates Kamal Hossain’s lifelong and significant contribution to the development of international law and the cause of developing countries. It brings together an interview with Hossain by the editors, and thirteen essays written in his honour by scholars representing a wide spectrum of expertise in international law. The interview provides an introduction to the rich and varied life of a statesman, a drafter of his country’s constitution, and an acclaimed constitutional and international lawyer. The subjects covered in the essays include the new international economic order (NIEO), human rights, counter-terrorism, climate change, oil and gas law, arbitration, law of the sea, international trade law and judicial reform. These essays offer important perspectives on the issues addressed.

Contents:

1. “I Believe in the Power of Human Beings to be Agents of Change:” An Interview with Kamal Hossain> Sharif Bhuiyan, Philippe Sands and Nico Schrijver

2. The Return of the NIEO and the Retreat of Neo-Liberal International Law> Muthucumaraswamy Sornarajah> Introduction / The NIEO Package / “The Roaring Nineties” / The Reaction against Neo-Liberalism

3. Critical Concepts in the New International Economic Order and Its Impact on the Development of International Economic Law: A Tribute to the Call for a NIEO> Asif H. Qureshi> Introduction / Scrutiny of the “Waste Paper Basket Perspective” / Conclusion

4. Some Thoughts on the Making of International Law> M.C.W. Pinto> The Survival of International Law / Making International Law in the Twentieth Century / What is to be Done?

5. International Trade Law and Human Rights: The ILA’s 2008 “Rio de Janeiro Declaration”> Ernst-Ulrich Petersmann> Introduction / Justice and Rule of Law in the Worldwide Division of Labour Among Citizens Depend on Respect for Human Rights / WTO Law Protects Legal Security and Judicial Remedies also for Individuals Engaged in International Trade / Justice Requires Coherent and Reasoned Interpretation of the Law “in Conformity with Principles of Justice” and Human Rights / Clarification of the Human Rights Dimensions of WTO Law by Human Rights Bodies / Political WTO Bodies Avoid References to Human Rights / The Emerging Human Rights of Access to Justice: Implications for WTO Law? / Focus of the ILA Draft Resolution on Customary Principles of Treaty Interpretation / The Final Text Approved by the ILA in August 2008: One Step on the Endless Road Towards “Constitutional Justice”

6. Judicial Supervision of Countering Terrorism: The Case of Palestine> Paul de Waart> Countering Terrorism / Law of the Future / Judicial Supervision of the UN Counter Terrorism Strategy / The Case of Palestine / Meeting the Challenges

7. Climate Change and Financial Assistance: A Fragmented, Unified or Coordinated Approach?> Laurence Boisson de Ckazournes> Common but Differentiated Responsibilities in the Climate Change Regime and the Provision of Financial Assistance to Developing Countries / Financial Obligations of Developed Countries under the Climate Change Convention, the Kyoto Protocol and the Global Environment Facility / The Adaptation Fund / The Least Developed Countries Fund and the Special Climate Change Fund / Clean Development Mechanism / The World Bank’s Carbon Funds and Facilities / New instruments for Increasing Financial Resources Through Multilateral Channels / The Green Climate Fund and the Post-2012 Climate Change Regime / Which Type of Coherence in a Context of Multiplication of Financial Mechanisms?

8. The Regulatory Framework of International Commercial Arbitration: The Amended UNCITRAL Rules> James Crawford> Introduction / Key Issues / Conclusion

9. Improving the Process and Institutions of Investment Arbitration: A Modest Contribution to a Complicated Debate> Arif Ryder All and Thomas Waelde> Introduction / Towards More Rigorous Conflict-of-interest Rules / The Relevance of Arbitral Precedent to the Transparency versus Confidentiality Debate / Amicus Participation — Public Interest Representation / Standing ICSID Annulment Committee / A World Investment Court? / Conclusion

10. Risk Management and Dispute Avoidance in Oil and Gas Investments in Developing Countries: The Way Forward> A.F.M. Maninizzaman> Introduction / Risk and Dispute Management in the Host Country / Legal / Contractual Risk-Mitigation / Risk Management and Dispute Avoidance Tools and Strategy / Conclusion

11. Relationship between Investment Contracts and Human Rights: A Developing Countries’ Perspective> Abdullah Al Faruque> Introduction / Shaping Factors of Human Rights Dimension of Investment Contracts / Legal Character of Investment Agreements / Quest for Stability in Investment Contracts / Different Forms of Stabilization Clauses / Arbitral Practice on Stabilization Clauses / Stabilization Clauses and Human Rights / Exceptions to Stabilization Clauses / Case Studies: BTC and Chad-Cameroon Pipeline Projects / Applicable Law and Human Rights / Transparency in Contract / Human Rights in Contract Based Investment Arbitration / Conclusion

12. The Commission on the Limits of the Continental Shelf with Special Reference to Developing Countries> L.D.M. Nelson> Introduction / Allocation of Seats in the Commission / Functions of the Commission / Establishment of Trust Funds / Status of the Trust Funds / Emoluments and Expenses of the Members of the Commission / Date of Submission of Data and Information / Concluding Observations

13. Transparency as an Element of Good Governance in the Practice of the WTO> Silke Steiner and Friedl Weiss> Introduction / The Concepts of Good Governance and Transparency: Origin, Content and Definitions / Transparency in the WTO / Final Assessment and Outlook

14. China’s Changing Judicial System in the Time of Globalization: Challenges of Integrating International Standards and the National Realities> Yuwen Li> Introduction / The Transition from Tradition to Modernization: Progress Achieved / The Challenges and Dilemmas Faced by the Judiciary / Conclusion

Biographical Data of Kamal Hossain

About the Contributors

Index