OUVRAGE : A. Zidar, J.-P. Gauci (eds.), The Role of Legal Advisers in International Law

Andraž ZIDAR, Jean-Pierre GAUCI

The Role of Legal Advisers in International Law sheds light on the position, activities and influence of legal advisers in the domain of international law. This is a novel and edifying perspective in that it surveys and appraises important undertakings of legal advisers in domestic and international legal forums and their role in the development, interpretation and application of international law.

Building upon their extensive knowledge and experience, contributors to the book analyse themes such as influence of various legal traditions (including the British) on the work of legal advisers, their position in the diplomatic decision-making process, the role of ethics in providing legal advice, and their contributions – in various forms – to the development and strengthening of the international legal system.


TABLE OF CONTENTS

About BIICL
Preface by Dame Rosalyn Higgins
Authors’ Biographies

1. Andraz Zidar, Jean-Pierre Gauci, Introduction: Legal Advisers as the Visible College of International Lawyers

PART 1. UNITED KINGDOM

2. David Anderson, The Functions of the Legal Adviser: Advising, Negotiating, Litigating
3. Iain Macleod, The FCO’s Legal Advisers and Contemporary Challenges
4. Jessica Gladstone, The Legal Adviser and International Disputes: Preparing to Commence or Defend Litigation or Arbitration

PART 2. COMPARATIVE PERSPECTIVES

5. Michael Wood, Legal Advisers
6. James Kingston, Organisation and Context for the Work of the Legal Adviser: The Legal Division of the Department of Foreign Affairs and Trade of Ireland
7. Eugenia Gutiérrez Ruiz, The Experience of Legal Advisers in Costa Rica: A Case for Peaceful International Law
8. Sarah McCosker, The Intersecting Professions of the International Law Adviser and Diplomat in a Rising Asia: Australia, India and Malaysia
9. Yasuo Kita, The Legal Advice System of the Ministry of Foreign Affairs of JAPAN: Between Legal Advisers and Foreign Policy Makers
10. Petr Valek, The Different Roles of the Czech Legal Adviser: From a Watchdog to a Headhunter

PART 3. PERSONAL REFLECTIONS

11. Dire Tladi, Reflection on Advising the South African Government on International Law
12. François Alabrune, The Case of the Legal Advisor to the French Ministry of Foreign Affairs
13. Anders Rohnquist, The Role of Legal Advisers in International Law: The Swedish Experience
14. Hans Corell, Personal Reflections on the Role of the Legal Adviser: Between Law and Politics, Authority and Influence

PART 4. FUNCTIONAL DEVELOPMENTS

15. Lucio Gussetti, Legal Advisers and the European Union: A new Perspective to Cooperation in International Law
16. Steven Hill, The Role of NATO’s Legal Adviser
17. Valérie Hughes, The Role of the Legal Adviser in the World Trade Organization
18. Peter Quayle, Legal Advisers and International Organisations: The Convergence of Interior and Exterior Legal Obligations

PART 5. PROFESSIONAL REQUIREMENTS

19. Margaret Purdasy, The Competency-based Legal Adviser
20. Harold Koh, The Legal Adviser’s Duty to Explain
21. Andraz Zidar, Legal Advisers and Professional Ethics

PART 6. EVOLVING FIELDS

22. Martti Koskenniemi, The Place of Law and the Role of Legal Advisers in Collective Security
23. Maike Kuhn, Antje Berger, Legal Advisers in the Armed Forces
24. Roberto di Donatantonio, The Monitoring, Mentoring and Advising Role Exercised by International or Rule of Law Missions in the Prosecutorial Area

CONCLUDING PART 

25. Jean-Pierre Gauci, Kate Jones, Conference Report
26. Franklin Berman, Conclusion

Index

Andraž ZIDAR, Jean-Pierre GAUCI (eds.), The Role of Legal Advisers in International Law, Leiden, Brill/Nijhoff, 2016 (390 pp.)

Dr Andraž Zidar is Visiting Researcher at the University of Bologna. Previously, he was the Programme Director of the European Master's Degree in Human Rights and Democratization in Venice, the Dorset Senior Research Fellow in Public International Law at BIICL and Legal Adviser at the Slovenian Ministry of Foreign Affairs.

Dr Jean-Pierre Gauci is a Research Fellow in Public International Law at BIICL and the Director of The People for Change Foundation.