Centering on the theme of 'progressiveness', this powerful volume offers important new perspectives on the history, theory and practice of international law. Covering topics of great contemporary relevance such as the use of force, human rights and sovereignty, and offering many important case studies, including the former Yugoslavia, Rwanda and the international courts, this book will be of essential interest to lawyers, historians and political scientists. Georges Abi-Saab Geneva Graduate Institute of International Studies Kaare Bangert University of Oxford Morten Bergsmo ICTY Rudolf Bernhardt European Court of Human Rights…mehr
Centering on the theme of 'progressiveness', this powerful volume offers important new perspectives on the history, theory and practice of international law. Covering topics of great contemporary relevance such as the use of force, human rights and sovereignty, and offering many important case studies, including the former Yugoslavia, Rwanda and the international courts, this book will be of essential interest to lawyers, historians and political scientists. Georges Abi-Saab Geneva Graduate Institute of International Studies Kaare Bangert University of Oxford Morten Bergsmo ICTY Rudolf Bernhardt European Court of Human Rights
Sienho Yee is currently a DPhil candidate at Oxford University. He has formerly been a judicial law clerk to Judges Li (ICTY) and Cowen (US, Third Circuit), tutor in PIL at Oxford colleges, visiting assistant Professor at Northwestern University, and counsel at the IMF. He is the author of various articles on PIL and constitutional law in Columbia LR, EJIL, ICLQ, German YIL, Max Planck YUNL. Wang Tieya is Professor of International Law at Peking University, a member of the Committee on the Drafting of the Basic Law of the Special Administrative Region of Hong Kong, Lecturer at the Hague Academy of International Law, and a member of l'Institut de Droit International and other learned societies. He is editor-in-chief of the Chinese Yearbook of International Law, and the author of numerous books and articles
Inhaltsangabe
I. Trends and Perspectives 1. Shifting paradigms of international law and world order in an era of historical transition Edward McWhinney 2. Towards a law of co-progressiveness Sienho Yee II Sources of Law 3. The contribution of the international criminal tribunal for the former Yugoslavia to the ascertainment of general principles of law recognized by the community of nations Antonio Cassese 4. Opinio juris: A key concept in international law that is much misunderstood Bin Cheng 5. Judicial decisions as a source of international law and the defence of duress in murder or other cases arising from armed conflict Bing Bing Jia III. Substance and Theories of Law 6. The concept of war crimes Georges Abi-Saab 7. A new area of international law: the protection of maritime cultural property Kaare Bangert 8. IMF governance, the Asian financial crisis, and the new international financial architecture Bartram S. Brown 9. Passing the baton: the delegation of security council enforcement powers from Kuwait to Kosovo Simon Chesterman 10.State responsibility for violations of human rights Wladyslaw Czaplinski 11. Russia and international human rights Gennady M. Danilenko 12. Responsibility of states and individuals for international crimes Vladimir-Djuro Degan 13. China and the principle of sovereign equality in the 21st century Gao Feng 14. The legality of NATO's military action in Kosovo: is there a right of humanitarian intervention? Christine Gray 15. Immunity and double criminality: General Augusto Pinochet before the House of Lords John R.W.D. Jones 16. The use of the term (Public) Morality in the European convention on human rights: a brief history Santiago Legarre 17. International legal issues arising in the Kosovo crisis Vaughan Lowe 18. Content and contours of genocide, crimes against humanity, and war crimes Jordan J. Paust 19. The legal qualification of the conflicts in the former Yugoslavia: double standards or new horizons for international humanitarian law? Marco Sass`oli 20. Monitoring the convention against racial discrimination in the post-cold war context Theo van Boven 21. General principles of law regarding the protection of minorities Budislav Vukas 22. Sovereignty in global economic integration: a Chinese perspective Guiguo Wang 23. The doctrine of command reponsibility as applied to civilian leaders: the ICTR and the Kayishema case Zhu Wenqi IV Courts and Adjudication 24. The international protection of human rights: experiences with the European court of human rights Ronald St J MacDonald 27. Judicial procedures and the protection of human rights: the European context Peter Malanczuk 28. Challenges to indictments in international criminal trials Richard May 29. Contributions of the international criminal tribunals to the development of substansive international humanitarian law Gabrielle Kirk McDonald 30. The competence of a tribunal to deny its existence Mohamed Shahabuddeen 31. The ICJ's jurisdiction in the Legality of use of force cases Jianning Shen V Appendix
I. Trends and Perspectives 1. Shifting paradigms of international law and world order in an era of historical transition Edward McWhinney 2. Towards a law of co-progressiveness Sienho Yee II Sources of Law 3. The contribution of the international criminal tribunal for the former Yugoslavia to the ascertainment of general principles of law recognized by the community of nations Antonio Cassese 4. Opinio juris: A key concept in international law that is much misunderstood Bin Cheng 5. Judicial decisions as a source of international law and the defence of duress in murder or other cases arising from armed conflict Bing Bing Jia III. Substance and Theories of Law 6. The concept of war crimes Georges Abi-Saab 7. A new area of international law: the protection of maritime cultural property Kaare Bangert 8. IMF governance, the Asian financial crisis, and the new international financial architecture Bartram S. Brown 9. Passing the baton: the delegation of security council enforcement powers from Kuwait to Kosovo Simon Chesterman 10.State responsibility for violations of human rights Wladyslaw Czaplinski 11. Russia and international human rights Gennady M. Danilenko 12. Responsibility of states and individuals for international crimes Vladimir-Djuro Degan 13. China and the principle of sovereign equality in the 21st century Gao Feng 14. The legality of NATO's military action in Kosovo: is there a right of humanitarian intervention? Christine Gray 15. Immunity and double criminality: General Augusto Pinochet before the House of Lords John R.W.D. Jones 16. The use of the term (Public) Morality in the European convention on human rights: a brief history Santiago Legarre 17. International legal issues arising in the Kosovo crisis Vaughan Lowe 18. Content and contours of genocide, crimes against humanity, and war crimes Jordan J. Paust 19. The legal qualification of the conflicts in the former Yugoslavia: double standards or new horizons for international humanitarian law? Marco Sass`oli 20. Monitoring the convention against racial discrimination in the post-cold war context Theo van Boven 21. General principles of law regarding the protection of minorities Budislav Vukas 22. Sovereignty in global economic integration: a Chinese perspective Guiguo Wang 23. The doctrine of command reponsibility as applied to civilian leaders: the ICTR and the Kayishema case Zhu Wenqi IV Courts and Adjudication 24. The international protection of human rights: experiences with the European court of human rights Ronald St J MacDonald 27. Judicial procedures and the protection of human rights: the European context Peter Malanczuk 28. Challenges to indictments in international criminal trials Richard May 29. Contributions of the international criminal tribunals to the development of substansive international humanitarian law Gabrielle Kirk McDonald 30. The competence of a tribunal to deny its existence Mohamed Shahabuddeen 31. The ICJ's jurisdiction in the Legality of use of force cases Jianning Shen V Appendix
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