Realizing Utopia
The Future of International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 March 2012
- ISBN 9780199691661
- Binding Hardback
- No. of pages724 pages
- Size 241x161x46 mm
- Weight 1214 g
- Language English 0
Categories
Short description:
Bringing together 47 essays by prominent international lawyers, this book reflects on major challenges facing international law and focuses on potential changes and improvements. Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.
MoreLong description:
Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world.
As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.
...this book genuinely represents a peak of the highest international legal scholarship - it takes into account all the major issues of contemporary world legal affairs, it challenges classical and traditional international law doctrines, it opens eyes to new scenarios, it suggests concrete measures and solutions.
Table of Contents:
Introduction
I. Can the World become a Global Community?
The project of a world community
Is the Leviathan still holding sway over the international society?
State Sovereignty
The United Nations
The Security Council
International actors other that States
International civil society
Universal values v. bilateralism and reciprocity
Effectiveness v. universal values
Towards constitutionalising the world community?
Towards a global community of human rights?
II. What Role for Law-Making?
Customary law
Jus cogens
New modalities of law-making
III. Can International Legal Imperatives be More Effectively brought into Effect?
(A) The Interplay of International and National Law
Bolstering the implementation of international rules in domestic systems
Towards a "moderate monism ": could international rules eventually acquire the force to invalidate inconsistent national laws?
(B) Mechanisms for Inducing States' Compliance
Making state responsibility work
Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
(C) The Role of Judicial Bodies
The International Court of Justice: it is high time to restyle the respected old lady
The International Criminal Court at a crossroads
The regional courts on human rights
The judicial protection of foreign investment
The proliferation on international courts and their coordination
The role of state courts
(D) Supervision and Fact-Finding as Alternatives to Judicial Review
How to ensure increased compliance with international standards: monitoring and institutional fact-finding
Inspection of nuclear facilities
Overseeing compliance with human rights
Monitoring compliance with standards for the protection of the environment
4. Old and New Categories of Lawful Use of Force
Self-defence
Humanitarian use of force
5. Global Problems That are Badly in Need of Substantive Legal Regulation
Self-determination of peoples: is it still alive
The question of development
WTO and world trade
Regulating international financial problems
Environment
Terrorism
Human rights and genetic manipulation
The use of cyberspace
6. Restraining Armed Violence in International and Internal Armed Conflicts
Protection of civilians in armed conflicts
Should rebels be treated as criminals?
Internal armed conflicts
Belligerent occupation
Modern means of warfare
Towards compensation of civilians for gross breaches of international law on methods and means of warfare
7. The Role of Criminal and Civil Justice
International criminal justice
The expansion of national criminal jurisdiction over international crimes
Civil redress for international wrongs
8. Recapitulation and Conclusion
Recapitulation and Conclusion
