ISBN : 9780199588817
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 fulfils 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. .
BRUNO SIMMA: TEACHER AND JUDGE
1. From Academic to Judge
2. Speech in Honour of Bruno Simma's Election to the International Court of Justice
3. Bruno Simma, The Positivist?
4. Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court
FROM WESTPHALIA TO WORLD COMMUNITY: THEORETICAL PERSPECTIVES ON INTERNATIONAL LAW
5. The Fight for Inclusion: Non-State Actors and International Law
6. A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law
7. From Bilateralism to Publicness in International Law
8. The Political Theology of Trade Law: The Scholastic Contribution
9. Reciprocity Revisited
10. Universal International Law's Grammar
11. From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
12. The WTO as a Club: Rethinking Reciprocity and Common Interest
13. 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. Multi-Stakeholderism in the Development of International Law
15. Transnational Democracy
16. Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts
17. An Emerging International Public Policy?
18. Running in Circles - Regionalism in World Trade and How It Will Lead Back to Multilateralism
19. The UN Laissez Passer - Legal Reflections and Managerial Issues
20. Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
21. The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
22. The International Community and the Developing Countries - The International Community: Factual Interdependencies
23. Implications of the World Financial Crisis - What Role for the UN?
24. Elements of Supranationality in the Law of International Organisations
25. Individual States as Guardians of Community Interests
26. Sketching 'Community interest' in EU Law
PLACING HUMAN RIGHTS CENTRE STAGE
27. Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
28. The Specifity of Human Rights and International Law
29. Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations
30. From Humanitarian Intervention to R2P: Making Utopia True?
31. Denunciation of Human Rights Treaties and the Principle of Reciprocity
32. Human Rights and Democracy: Is There a Place for Actual People(s)?
33. Human Security and International Law
34. From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil...
35. The Relationship between Human Rights and the Rights of Aliens and Immigrants
36. New Bearings to Social Rights? - The Communications Procedure under the ICESCR
37. Self-Determination, Human Rights and the Attribution of Territory
38. Universal Periodic Review: A New System of International Law with Specific Ground Rules?
39. The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
THE LAW-MAKING FUNCTION: THE PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW
40. Is there an Austrian Contribution to the Codification of International Law?
41. A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ
42. Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
43. Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
44. Business Enterprises in Public International Law - The Case for an International Code on Corporate Responsibility
45. The Function of the Law and the Codification of the International Law in a Changing World
46. Bilateralism and Community in Treaty Law and Practice - of Warriors, Workers and (Hook-)Worms
47. The Community Interest in the Law of Treaties: Ambivalent Conceptions
48. The ILC facing the Second Decade of the Twenty-first Century
49. International Law Needs Development. But Whereto?
THE JUDICIAL FUNCTION: BALANCING INDIVIDUAL AND COMMUNITY INTEREST
50. The Judge as a Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
51. Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights
52. Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed " Admissible in Contemporary International Law?
53. Competition among International Tribunals and the Authority of the International Court of Justice
54. The Unilateral Secession of Kosovo as Precedent in International Law
55. The Arbitration Panel for In Rem Restitution and Its Jurisprudence - Extreme Injustice in International Law
56. The Right of Access to Justice to Challenge Security Council's Targeted Sanctions: After-Thoughts on Kadi
57. Kosovo and Lotus
58. European Civil Procedure and Public International Law
59. Trends and Trials - The Implementation of Consular Rights a Decade After LaGrand
60. Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law
61. Balancing Individual and Community Interests - Reflections on the International Criminal Court
62. 'A New Legal Order of International Law': On the Relationship between Public International Law and European Union Law after Kadi
63. The International Court of Justice and the Environment: The Recent Paper Mills Case
64. The Natural Superiority of Courts
65. Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts
66. From Individual to Community Interest in International Investment Law
67. Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
68. Judicial Function: Balancing Individual and Community Interests - Does the European Court of Justice keep the balance in Kadi?
69. Enforcing Community Interests through International Dispute Settlement: Reality or Utopia?
INTERNATIONAL LAW IN VARIOUS CONTEXTS
70. Using International Law to Combat Unlawful Targeted Killings
71. Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
72. International Law in Recession? - The Role of International Law When Crisis Hits: Food, Finance and Climate Change
73. Sailing the Wine-Dark Sea - An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People
74. A History of the Doctrine of Odious Debts - Serving Individual/Bilateral or Community Interests?
75. Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
76. Privatization of Military Flights in the Mesh of International and National Law
77. The Impact of Climate Change: Challenges for International Law
78. The ILC's Articles on State Responsibility and the German Federal Constitutional Court
79. Abraham, Jesus and the Western Culture of Justice