ISBN : 9780199647088
Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.
I. CAN THE WORLD BECOME A GLOBAL COMMUNITY?
2. The project of a world community
3. Is the Leviathan still holding sway over the international society?
4. State Sovereignty
5. The United Nations
6. The Security Council
7. International actors other that States
8. International civil society
9. Universal values v. bilateralism and reciprocity
10. Effectiveness v. universal values
11. Towards constitutionalising the world community?
12. Towards a global community of human rights?
II. WHAT ROLE FOR LAW-MAKING?
13. Customary law
14. Jus cogens
15. New modalities of law-making
III. CAN INTERNATIONAL LEGAL IMPERATIVES BE MORE EFFECTIVELY BROUGHT INTO EFFECT?
(A) THE INTERPLAY OF INTERNATIONAL AND NATIONAL LAW
16. Bolstering the implementation of international rules in domestic systems
17. Towards a ": could international rules eventually acquire the force to invalidate inconsistent national laws?
(B) MECHANISMS FOR INDUCING STATES' COMPLIANCE
18. Making state responsibility work
19. Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
(C) THE ROLE OF JUDICIAL BODIES
20. The International Court of Justice: it is high time to restyle the respected old lady
21. The International Criminal Court at a crossroads
22. The regional courts on human rights
23. The judicial protection of foreign investment
24. The proliferation on international courts and their coordination
25. The role of state courts
(D) SUPERVISION AND FACT-FINDING AS ALTERNATIVES TO JUDICIAL REVIEW
26. How to ensure increased compliance with international standards: monitoring and institutional fact-finding
27. Inspection of nuclear facilities
28. Overseeing compliance with human rights
29. Monitoring compliance with standards for the protection of the environment
4. OLD AND NEW CATEGORIES OF LAWFUL USE OF FORCE
31. Humanitarian use of force
5. GLOBAL PROBLEMS THAT ARE BADLY IN NEED OF SUBSTANTIVE LEGAL REGULATION
32. Self-determination of peoples: is it still alive
33. The question of development
34. WTO and world trade
35. Regulating international financial problems
38. Human rights and genetic manipulation
39. The use of cyberspace
6. RESTRAINING ARMED VIOLENCE IN INTERNATIONAL AND INTERNAL ARMED CONFLICTS
40. Protection of civilians in armed conflicts
41. Should rebels be treated as criminals?
42. Internal armed conflicts
43. Belligerent occupation
44. Modern means of warfare
45. Towards compensation of civilians for gross breaches of international law on methods and means of warfare
7. THE ROLE OF CRIMINAL AND CIVIL JUSTICE
46. International criminal justice
47. The expansion of national criminal jurisdiction over international crimes
48. Civil redress for international wrongs
8. RECAPITULATION AND CONCLUSION
49. Recapitulation and Conclusion