Globalization and Common Responsibilities of States

ISBN-13: 9780754629139 / Angielski / Twarda / 2013 / 576 str.

Koen De Feyter

Opis

There is a growing awareness that international law insufficiently protects common global interests and that States and non-State actors need to work together to protect global aims. The focus of this book is on the different fields of international law where there is a need for global cooperation to achieve common aims, for example: the law of the sea; protection of world cultural heritage; sustainable development, biological diversity and climate change; human rights; and international crimes. The volume also identifies the legal developments which have taken place, for example treaties which use the language of 'common heritage of mankind' or 'common concern of humanity', thereby identifying global concerns and reflecting a global set of values and interests independent of the interests of States.

Spis treści

Contents: Introduction; Part I Conceptual Issues: Common concern of humanity, Dinah Shelton; Justice and the distribution of greenhouse gas emissions, Simon Caney; Common but differentiated responsibilities in international law, Christopher D. Stone; Conceptualising the relationship between Jus Cogens and Erga Omnes rules, Michael Byers; The common heritage of mankind: utopia or reality?, Alexandre Kiss. Part II Responsibility to Protect: Jurisdiction without territory: from the Holy Roman Empire to the responsibility to protect, Anne Orford; Responsibility to protect: political rhetoric or emerging legal norm?, Carsten Stahn. Part III Universal Jurisdiction: Imagining the international community: the constitutive dimension of universal jurisdiction, Adeno Addis; The legal limits of universal jurisdiction, Anthony J. Colangelo. Part IV International Spaces: Imagine there are no possessions: legal and moral basis of the common heritage principle in space law, Gbenga Oduntan; The common heritage of mankind: an adequate regime for managing the deep seabed?, Edward Guntrip. Part V Environmental Law: Solidarity, justice and climate change law, Angela Williams; Common concern of humankind and its implications in international environmental law, Jimena Murillo Chávarro; Custodial sovereignty: reconciling sovereignty and global environmental challenges amongst the vestiges of colonialism, Werner Scholtz. Part VI Cultural Heritage: Beyond state sovereignty: the protection of cultural heritage as a shared interest of humanity, Francesco Francioni; World cultural heritage: obligations to the international community as a whole?, Roger O’Keefe. Part VII Human Rights and Development: Correcting globalisation in health: transnational entitlements versus the ethical imperative of reducing aid-dependency, Gorik Ooms and Rachel Hammonds; Human rights, the Millennium Development Goals, and the future of development cooperation, Paul J. Nelson; Transnational human rights obligations

O autorze

Koen De Feyter is the Chair of International Law at the Law Faculty of the University of Antwerp. He is the spokesperson for the Law and Development research group at the University of Antwerp Law Research School. He is the convenor of an international research network on Localising Human Rights, currently undertaking research in China, India and the DRC. He is the author of Human Rights: Social justice in the age of the market (2005) and World Development Law (2001) and has edited numerous books including The Local Relevance of Human Rights (2011),The Tension between Group Rights and Human Rights (2008) and Out of the Ashes: Reparation for Victims of Gross Violations of Human Rights (2006).