The Role of Legal Advisers in International Law

Copyright

Contents

Preface

British Institute of International and Comparative Law

Authors’ Biographies

1: Introduction: Legal Advisers as the Visible College of International Lawyers

PART 1: United Kingdom

2: The Functions of the Legal Adviser: Advising, Negotiating, Litigating

3: The FCO’s Legal Advisers and Contemporary Challenges

4: The Legal Adviser and International Disputes: Preparing to Commence or Defend Litigation or Arbitration

PART 2: Comparative Perspectives

5: Legal Advisers

6: Organisation and Context for the Work of the Legal Adviser: The Legal Division of the Department of Foreign Affairs and Trade of Ireland

7: The Experience of Legal Advisers in Costa Rica: A Case for Peaceful International Law

8: The Intersecting Professions of the International Law Adviser and Diplomat in a Rising Asia: Australia, India and Malaysia

9: The Legal Advice System of the Ministry of Foreign Affairs of Japan: Between Legal Advisers and Foreign Policy Makers

10: The Different Roles of the Czech Legal Adviser: From a Watchdog to a Headhunter

PART 3: Personal Reflections

11: Reflections on Advising the South African Government on International Law

12: The Case of the Legal Advisor to the French Ministry of Foreign Affairs

13: The Role of Legal Advisers in International Law: The Swedish Experience

14: Personal Reflections on the Role of the Legal Adviser: Between Law and Politics, Authority and Influence

PART 4: Functional Developments

15: Legal Advisers and the European Union: A New Perspective to Cooperation in International Law

16: The Role of NATO’s Legal Adviser

17: The Role of the Legal Adviser in the World Trade Organization

18 Legal Advisers and International Organisations: The Convergence of Interior and Exterior Legal Obligations

PART 5: Professional Requirements

19: The Competency-based Legal Adviser

20: The Legal Adviser’s Duty to Explain

21: Legal Advisers and Professional Ethics

PART 6: Evolving Fields

22: The Place of Law and the Role of Legal Advisers in Collective Security

23: Legal Advisers in the Armed Forces

24: The Monitoring, Mentoring and Advising Role Exercised by International or Rule of Law Missions in the Prosecutorial Area

Concluding Part

25: Conference Report: The Role of Legal Advisers in International Law

26: Conclusion

Index