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International Law Between Universalism and Fragmentation: Festschrift in Honour of Gerhard Hafner edited by Isabelle Buffard, James Crawford, Alain Pellet, Stephan Wittich (Brill Academic Publishers) This Festschrift is published on the occasion of Gerhard Hafner's 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner's outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

In his professional life, Gerhard Hafner has always displayed two remarkable qualities. First, he has combined theory and practice and moved between the two with impressive ease. His entire work gives the lie to claims that international law is a discipline whose relevance is confined to the ivory tower. Gerhard Hafner is a prime example of a university teacher being deeply rooted in the daily operation of international law. Apart from his activity as former member of the Legal Office of the Austrian Federal Ministry of Foreign Affairs and present legal consultant to the same Ministry, he has participated in numerous codification conferences.

Already in his younger days, Gerhard Hafner was a member of the Austrian delegation to UNCLOS III (1973-1982). Among his extensive contributions to the codification and development of international law, two merit special mention. Thus he was very influential in the elaboration of the Rome Statute of the International Criminal Court, both as a member of the International Law Commission (1997-2001) and as head of the Austrian delegation at the Rome Conference in 1998. Special mention must also be made of his outstanding contribution to the drafting of the United Nations Convention on Jurisdictional Immunities of States and their Property. In 1999, he was appointed Chairman of the respective Working Group of the ILC, which established the basis for the breakthrough in the Sixth Committee of the General Assembly. After the end of his term in the ILC he was appointed Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property that elaborated the final text of the Convention which was adopted by the General Assembly on 2 December 2004. Gerhard Hafner's practical side is also illustrated by his involvement in international litigation, for instance as counsel for Liechtenstein in the Certain Property case before the International Court of Justice, or as arbitrator in the Mox Plant case. These are only some examples of Gerhard Hafner's practice-oriented multi-faceted talent.

Gerhard Hafner's other remarkable quality is his comprehensive and detailed knowledge of international law that is not confined to areas of special interest but extends to virtually any field of international law. In fact, it seems impossible to find a topic on which Gerhard Hafner has not had a say. He is indeed an international lawyer who is still a universalist. In a time of increasing diversification and specialisation, Gerhard Hafner probably belongs to an endangered species: he has the special merit of remaining a legitimate 'old-school' generalist of international law. As such, he shifts with ease between the various fields of international law, mindful of the connections and interrelations between them, wary of neither ignoring nor simplifying the different aspects of a problem.

Gerhard Hafner's comprehensive approach to the discipline of international law is illustrated by the breadth of the contributions in the present Festschrift. The topics chosen cover international law and its various branches, all of them dealt with by Gerhard Hafner in his numerous positions as diplomat, negotiator, legal consultant, scholar, and teacher. The Festschrift thus mirrors his ability to embrace the whole spectrum of international law. The title of the book is intended to reflect Gerhard Hafner's efforts of raising awareness of the topic of fragmentation in international law. With his study on the 'risks ensuing from the fragmentation of international law', prepared during his work as a member of the International Law Commission, he stimulated the discussion on a major current topic. The fact that many authors in this Festschrift address issues of fragmentation — although the contributions belong to different and often unrelated topics — testifies to the significance of this subject, something which Gerhard Hafner realized from the very beginning.

We, the editors, have worked with Gerhard Hafner in different roles — as students, assistants, colleagues or co-counsel. But all of us have always sincerely enjoyed working with him. We are convinced that Gerhard Hafner will keep his insatiable perspicacity, his friendliness and his down-to-earth character as well as his open-mindedness, his sense of humour and his untiring interest in international law. Especially the younger generation of international lawyers will not wish to miss his inexhaustible willingness of explaining, discussing and arguing questions of international law. Lucky are those who will have the opportunity to continue working with him!

 

 

 

 

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