Public Interest Rules of International Law: Towards Effective Implementation

ISBN-13: 9780754678236 / Angielski / Twarda / 2009 / 510 str.

Komori, Teruo

Opis

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.

Spis treści

Introduction, TeruoKomori; Part I Theoretical Aspects of the Implementation Processes; Chapter 1 General Observations, KarelWellens; Chapter 2 Diversification of Implementation Processes and Changing Concepts of Effectiveness, TeruoKomori; Chapter 3 Multifaceted Conceptions of Implementation and the Human Rights Approach, TerayaKoji; Part II Diversity and Complexity of the Institutionalized Implementation Process; Chapter 4 UN Reform 2005 and Beyond, VititMuntarbhorn; Chapter 5 Legitimization of Measures to Secure Effectiveness in UN Peacekeeping, HironobuSakai; Chapter 6 Security Council Resolution 1540 and International Legislation, MasahikoAsada; Chapter 7 Proportionality as a Norm of Application for the Precautionary Principle, HoriguchiTakeo; Chapter 8 The Role of Diplomatic Protection in the Implementation Process of Public Interests, KatoNobuyuki; Part III Coordination of Legal Regimes and Systems in the Implementation Process; Chapter 9 Effective Implementation of Intersecting Public International Regimes, Marie-ClaireCordonier Segger; Chapter 10 Effective Implementation of International Environmental Agreements, MariKoyano; Chapter 11 The Principle of Complementarity in Reality, ShuichiFuruya; Chapter 12 Implementation of Article VI of the 1967 Outer Space Treaty, AkiraSakota; Chapter 13 How to Design an International Liability Regime for Public Spaces, AkihoShibata; Part IV Diversification of Actors in the Implementation of International Public Interests; Chapter 14 International Economic Law and the Basel Committee on Banking Supervision – An Alternative Form of International Law-making?, KernAlexander; Chapter 15 Public Interest Rules of International Law, AGOShin-ichi; Chapter 16 Privatization of Childcare as a Way of Implementing Young Children’s Rights, OTAIkuko; Chapter 101 Concluding Remarks;

O autorze

Teruo Komori is at Chiba University, Japan. Karel Wellens is Professor of International Law, Faculty of Law, Radboud University Nijmegen, The Netherlands.