it was concluded that dispute settlement in the new century will be characterized by three parallel and intertwined developments: constitutionalization, accessibility and privatization. 1 These trends will undoubtedly have a strong in uence on State behavior -not so much because of the dilution of sovereignty in a globalized international community, but rather because of increasing controls that will be exercised on the manner in which States carry out their functions in respect of individuals. This article will discuss one particular aspect of globalization in connection with the settlement of disputes in areas presently or prospectively brought under international protection.
Protecting Rights under International Law: Old Subjects, New RequirementsForeign investments have thus far been the paramount example of this new approach to the protection of the rights of certain qualifying individuals and the manner in which the international community scrutinizes State behavior in respect thereof. The International Centre for Settlement of Investment Disputes ("ICSID") has been the leading institution in making this new approach possible. Although the standards of control are not well de ned, the principle is this: States are accountable to foreign investors to the extent that wrongful State action interferes with their rights as provided for in national legislation, treaties or contracts.These developments are not really surprising, as they have been taking place over a long time. First, in the eld of human rights, not only foreigners but also nationals have been granted the protection of some mechanisms of international control and veri cation, be they global or regional. Similarly, in terms of the enforcement of international humanitarian law, international conventions and implementation mechanisms have been active for a signi cant period of time.
The system of international co-operation in the Antarctic has been evolving rapidly since the signing of the Antarctic Treaty in 1959. Inextricably linked to this co-operation is the question of the rational management of Antarctic resources. In this book Professor Orrego Vicuna examines in depth the legal framework – the Antarctic Treaty, sovereignty, jurisdiction and the law of the sea – as it relates to the exploitation of Antarctic minerals. This is fast becoming a live issue with the ever-growing potential for the development of these resources. The first part of the book examines the main characteristics of the international legal framework governing the co-operation of states in Antarctica, particularly in relation to resource conservation. Against this background, in the second part of the book, the regime for mineral resources is discussed in sufficient detail to identify the basic issues and interests which have to be accommodated in order to attain an acceptable convention. The final part of the book considers the important set of questions raised by the interest of the world community at large in the Antarctic: most significantly, the initiatives concerning a broader international participation under the auspices of the United Nations.
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