From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

ISBN-13: 9780199588817 / Angielski / Twarda / 2011 / 1312 str.

Ulrich Fastenrath; Rudolf Geiger; Daniel-Erasmus Khan

Opis

This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests.
The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law.
As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.

Recenzje

Published by the good people of Oxford University Press, this magnificent tribute to Judge Simma is more than 1300 pages long. Its contributors include international law professors, judges, and practitioners. It has a useful index, something often omitted in works like this. It is carefully edited and beautifully presented...it is indeed a gem and a fitting tribute to an extraordinary man Mark Wojcik, International Law Prof Blog 2011

Spis treści

From the contents: Bruno Simma: Teacher and Judge
1: Rosalyn Higgins: From Academic to Judge
2: Christopher McCrudden: Speech in Honour of Bruno Simma's Election to the International Court of Justice
3: Eric Stein: Bruno Simma, The Positivist?
4: Gerd Westdickenberg: Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court
From Westphalia to World Community: Theoretical Perspectives on International Law
5: Andrea Bianchi: The Fight for Inclusion: Non-State Actors and International Law
6: Ulrich Fastenrath: A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law
7: Benedict Kingsbury, Megan Donaldson: From Bilateralism to Publicness in International Law
8: Martti Koskenniemi: The Political Theology of Trade Law: The Scholastic Contribution
9: Andreas Paulus: Reciprocity Revisited
10: Dirk Pulkowski: Universal International Law's Grammar
11: Steven Ratner: From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
12: Peter-Tobias Stoll: The WTO as a Club: Rethinking Reciprocity and Common Interest
13: Daniel Thürer, Martin Zobl: Are Nuclear Weapons Really Legal? - Thoughts on the Sources of International Law and a Conception of the Law imperio rationis Instead of ratione imperii
The Institutional Dimension of Community Interests
14: Wolfgang Benedek: Multi-Stakeholderism in the Development of International Law
15: Brun-Otto Bryde: Transnational Democracy
16: James Crawford: Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts
17: Vera Gowlland-Debbas: An Emerging International Public Policy?
18: Meinhard Hilf, Tim René Salomon: Running in Circles - Regionalism in World Trade andHow It Will Lead Back to Multilateralism
19: Wolfgang Münch: The UN Laissez Passer - Legal Reflections and Managerial Issues
20: Hanspeter Neuhold: Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
21: Anne Peters: The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
22: Pemmaraju Sreenivasa Rao: The International Community and the Developing Countries - The International Community: Factual Interdependencies
23: Sabine von Schorlemer: Implications of the World Financial Crisis - What Role for the UN?
24: Werner Schroeder, Andreas Th. Müller: Elements of Supranationality in the Law of International Organisations
25: Christian J. Tams: Individual States as Guardians of Community Interests
26: Friedl Weiss: Sketching 'Community interest' in EU Law
Placing Human Rights Centre Stage
27: Orna Ben-Naftali: Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
28: Benedetto Conforti: The Specifity of Human Rights and International Law
29: Bardo Fassbender: Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations
30: Peter Hilpold: From Humanitarian Intervention to R2P: Making Utopia True?
31: Eckart Klein: Denunciation of Human Rights Treaties and the Principle of Reciprocity
32: Friedrich Kratochwil: Human Rights and Democracy: Is There a Place for Actual People(s)?
33: Hisashi Owada: Human Security and International Law
34: Alain Pellet and Daniel Müller: From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil...
35: Riccardo Pisillo Mazzeschi: The Relationship between Human Rights and the Rights of Aliens and Immigrants
36: Eibe Riedel: New Bearings to Social Rights? - The Communications Procedure under the ICESCR
37: Malcolm N. Shaw: Self-Determination, Human Rights and the Attribution of Territory
38: Christian Tomuschat: Universal Periodic Review: A New System of International Law with Specific Ground Rules?
(...)

O autorze

Ulrich Fastenrath is Professor of Public Law, European Union Law, and Public International Law at the Technische Universitat Dresden. Rudolf Geiger is Professor Emeritus of Public, European and International Law at the University of Leipzig. Daniel-Erasmus Khan is Professor of Public Law, European Law and International Law at the University of the Armed Forces in Munich. Andreas Paulus a Judge on Germany's Constitutional Court. Sabine von Schorlemer is Professor of Public International Law, European Law, and International Relations at the Technische Universitat Dresden. Christoph Vedder is Professor of Public Law, Public International, and European Law at the University of Augsburg.