Trends and Challenges in International Law: Selected Issues in Human Rights, Cultural Heritage, Environment and Sea

ISBN-13: 9783030943899 / Angielski

Maurizio Arcari; Irini Papanicolopulu; Laura Pineschi

Opis

Over the last century, international law has sought to keep pace with sweeping changes that have revolutionised the international community. It has done so in various ways: by developing new fields, adopting new legal instruments, and including new actors and entities in the international fora. Human rights law and environmental law have emerged to address essential issues raised by civil society. Treaties, judgments and soft law instruments have attempted to fill the gaps in regulation. International organisations, corporations, civil society organisations and individuals have all worked to make and enforce, also by judicial means, legal rules. But is all this sufficient?

In an effort to answer this question, the chapters of this volume explore selected emerging issues in the fields of human rights, the environment, cultural heritage and law of the sea. Can state responsibility help to protect the environment? Can protecting human rights be reconciled with national security? Can the UN Security Council address climate change? Is law of the sea still fit for purpose? And how can we balance human rights and the environment, or cultural heritage and law of the sea? The international scholars and experienced practitioners who have contributed to this volume discuss these and other key questions.

Given its scope, the book will appeal to researchers and scholars of international law, as well as those specialising in human rights law, environmental law, cultural heritage law, and law of the sea. 

Spis treści

 

Introduction.- Part I. Human Rights Law.- International Human Rights Law and Transboundary Environmental Harm: Trends and Challenges.- What Does a State Secure Make? Interpreting National Security in the Light of International Human Rights Law.- Starvation and Humanitarian Assistance in Time of Armed Conflicts.- Part II. Cultural Heritage Law.- Underwater Cultural Heritage and Salvage Law.- Lights and Shadows of the EU Regulation 2019/880 on the Introduction and the Import of Cultural Goods.- Part III. Environmental Law.-0 The Breach of the Obligation to Prevent Environmental Harm and the Law of State Responsibility. Revisiting the Issue Against the Test of Judicial Application.- Legal Personality for Nature: From National to International Law .- Climate Change and Intercommunal Conflicts in West Africa: A New Challenge for the UN System of Collective Security or Much Ado about Nothing?.- Law of The Sea.- On the Nature of the Law of the Sea.- The Last Frontier: Trends and Challenges related to the Delineation of the Outer Limits of the Continental Shelf Beyond 200 Nautical Miles.- Conclusions

O autorze

Maurizio Arcari is full professor of International Law at the School of Law of the University of Milano-Bicocca. He was Director of Winter Seminars in International Law (French speaking section) at The Hague Academy of International Law in 2019. He is editor-in-chief of the e-journal QIL-Questions of International Law and member of the Board of Editors of the Rivista di Diritto Internazionale. He is the author and co-author of two monographs on the law of international watercourses, co-editor of various books and author of several articles on different topics of International Law. Main areas of interests: Law of Collective Security and Use of Force; Law on International Responsibility; Law of International Shared Resources; International Constitutional Law.   

Irini Papanicolopulu is associate professor of International Law at the School of Law, University of Milano-Bicocca. She has previously worked at the Universities of Oxford and Glasgow. She is Convenor of the Interest Group on Law of the Sea of the European Society of International Law. She has published widely in international law and law of the sea, including the recent monograph International Law and the Protection of People at Sea (OUP 2018). She has edited or co-edited several volumes, including Gender and the Law of the Sea (Brill 2019). Main areas of interest: public international law, law of the sea, environmental law, human rights law, refugee law.

 

Laura Pineschi is full professor of International Law at the Department of Law, University of Parma. She was Dean of the Faculty of Law from 2009 to 2012 and is currently Director of the Center for Studies in European and International Affairs (CSEIA), University of Parma. She was Director of Summer Seminars in Public International Law (English speaking section) at The Hague Academy of International Law in 2015. She is the author of two monographs (on the protection of the Antarctic environment and on UN peacekeeping operations, respectively); she has also edited or co-edited various volumes, published in Italy and abroad, including: General Principles of Law – The Role of the Judiciary, Springer, 2015. Main areas of interest: international environmental law; human rights protection; UN peace-keeping operations.