Overview

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..

Full Product Details

Author:   Ulrich Fastenrath (Professor of Public Law, European Union Law, and Public International Law, Technische Universitat Dresden) ,  Rudolf Geiger (Professor Emeritus of Public, European, and International Law, University of Leipzig) ,  Daniel-Erasmus Khan (Professor of Public Law, European Law, and International Law, University of Bundeswehr, Munich) ,  Andreas Paulus (Judge, Germany's Constitutional Court)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.20cm , Height: 6.20cm , Length: 25.30cm
Weight:   1.918kg
ISBN:  

9780199588817

ISBN 10:   0199588813
Pages:   1376
Publication Date:   31 March 2011
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

"Bruno Simma: Teacher and Judge 1: Rosalyn Higgins: From Academic to Judge 2: Christopher McCrudden: Speech in Honour of Bruno Simma's Election to the International Court of Justice 3: Eric Stein: Bruno Simma, The Positivist? 4: Gerd Westdickenberg: Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court From Westphalia to World Community: Theoretical Perspectives on International Law 5: Andrea Bianchi: The Fight for Inclusion: Non-State Actors and International Law 6: Ulrich Fastenrath: A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law 7: Benedict Kingsbury, Megan Donaldson: From Bilateralism to Publicness in International Law 8: Martti Koskenniemi: The Political Theology of Trade Law: The Scholastic Contribution 9: Andreas Paulus: Reciprocity Revisited 10: Dirk Pulkowski: Universal International Law's Grammar 11: Steven Ratner: From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities 12: Peter-Tobias Stoll: The WTO as a Club: Rethinking Reciprocity and Common Interest 13: Daniel Thürer, Martin Zobl: 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: Wolfgang Benedek: Multi-Stakeholderism in the Development of International Law 15: Brun-Otto Bryde: Transnational Democracy 16: James Crawford: Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts 17: Vera Gowlland-Debbas: An Emerging International Public Policy? 18: Meinhard Hilf, Tim René Salomon: Running in Circles - Regionalism in World Trade and How It Will Lead Back to Multilateralism 19: Wolfgang Münch: The UN Laissez Passer - Legal Reflections and Managerial Issues 20: Hanspeter Neuhold: Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force 21: Anne Peters: The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members 22: Pemmaraju Sreenivasa Rao: The International Community and the Developing Countries - The International Community: Factual Interdependencies 23: Sabine von Schorlemer: Implications of the World Financial Crisis - What Role for the UN? 24: Werner Schroeder, Andreas Th. Müller: Elements of Supranationality in the Law of International Organisations 25: Christian J. Tams: Individual States as Guardians of Community Interests 26: Friedl Weiss: Sketching 'Community interest' in EU Law Placing Human Rights Centre Stage 27: Orna Ben-Naftali: Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah 28: Benedetto Conforti: The Specifity of Human Rights and International Law 29: Bardo Fassbender: Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations 30: Peter Hilpold: From Humanitarian Intervention to R2P: Making Utopia True? 31: Eckart Klein: Denunciation of Human Rights Treaties and the Principle of Reciprocity 32: Friedrich Kratochwil: Human Rights and Democracy: Is There a Place for Actual People(s)? 33: Hisashi Owada: Human Security and International Law 34: Alain Pellet and Daniel Müller: From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil... 35: Riccardo Pisillo Mazzeschi: The Relationship between Human Rights and the Rights of Aliens and Immigrants 36: Eibe Riedel: New Bearings to Social Rights? - The Communications Procedure under the ICESCR 37: Malcolm N. Shaw: Self-Determination, Human Rights and the Attribution of Territory 38: Christian Tomuschat: Universal Periodic Review: A New System of International Law with Specific Ground Rules? 39: Andreas Zimmermann: The Obligation to Prevent Genocide: Towards a General Responsibility to Protect? The Law-Making Function: The Progressive Development of International Law 40: Franz Cede, Christina Binder: Is there an Austrian Contribution to the Codification of International Law? 41: Giorgio Gaja: A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ 42: Rudolf H. Geiger: Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal 43: Gerhard Hafner: Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks 44: Andreas Heinemann: Business Enterprises in Public International Law - The Case for an International Code on Corporate Responsibility 45: Maurice Kamto: The Function of the Law and the Codification of the International Law in a Changing World 46: Sir Kenneth Keith: Bilateralism and Community in Treaty Law and Practice - of Warriors, Workers and (Hook-)Worms 47: Jan Klabbers: The Community Interest in the Law of Treaties: Ambivalent Conceptions 48: Georg Nolte: The ILC facing the Second Decade of the Twenty-first Century 49: Karl Zemanek: International Law Needs Development. But Whereto? The Judicial Function: Balancing Individual and Community Interest 50: Armin von Bogdandy, Marc Jacob: The Judge as a Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion 51: Enzo Cannizzaro, Beatrice I. Bonafé: Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights 52: Olivier Corten: Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ""Proportionate Defensive Measures "" Admissible in Contemporary International Law? 53: Pierre-Marie Dupuy: Competition among International Tribunals and the Authority of the International Court of Justice 54: Thomas Fleiner: The Unilateral Secession of Kosovo as Precedent in International Law 55: Hans-Peter Folz: The Arbitration Panel for In Rem Restitution and Its Jurisprudence - Extreme Injustice in International Law 56: Francesco Francioni: The Right of Access to Justice to Challenge Security Council's Targeted Sanctions: After-Thoughts on Kadi 57: Jochen A. Frowein: Kosovo and Lotus 58: Burkhard Hess: European Civil Procedure and Public International Law 59: Carsten Hoppe: Trends and Trials - The Implementation of Consular Rights a Decade After LaGrand 60: Robert Howse, Ruti Teitel: Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law 61: Hans-Peter Kaul, Eleni Chaitidou: Balancing Individual and Community Interests - Reflections on the International Criminal Court 62: Horst G. Krenzler, Oliver Landwehr: 'A New Legal Order of International Law': On the Relationship between Public International Law and European Union Law after Kadi 63: Guillermo R. Moncayo, Martin Moncayo von Hase: The International Court of Justice and the Environment: The Recent Paper Mills Case 64: Mary Ellen O'Connell: The Natural Superiority of Courts 65: Karin Oellers-Frahm: Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts 66: Christoph Schreuer, Ursula Kriebaum: From Individual to Community Interest in International Investment Law 67: Bernardo Sepúlveda-Amor: Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases 68: Rudolf Streinz: Judicial Function: Balancing Individual and Community Interests - Does the European Court of Justice keep the balance in Kadi? 69: Rüdiger Wolfrum: Enforcing Community Interests through International Dispute Settlement: Reality or Utopia? International Law in Various Contexts 70: Philip Alston: Using International Law to Combat Unlawful Targeted Killings 71: Andrea Gattini: Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes 72: Christine Kaufmann: International Law in Recession? - The Role of International Law When Crisis Hits: Food, Finance and Climate Change 73: Daniel-Erasmus Khan: Sailing the Wine-Dark Sea - An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People 74: August Reinisch: A History of the Doctrine of Odious Debts - Serving Individual/Bilateral or Community Interests? 75: Peter H. Sand: Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests 76: Birgit Schmidt am Busch: Privatization of Military Flights in the Mesh of International and National Law 77: Nico Schrijver: The Impact of Climate Change: Challenges for International Law 78: Theodor Schweisfurth: The ILC's Articles on State Responsibility and the German Federal Constitutional Court 79: Joseph Weiler: Abraham, Jesus and the Western Culture of Justice"

Reviews

<br> Published by the good people of Oxford University Press, this magnificent tribute to Judge Simma is more than 1300 pages long. Its contributors include international law professors, judges, and practitioners. It has a useful index, something often omitted in works like this. It is carefully edited and beautifully presented...it is indeed a gem and a fitting tribute to an extraordinary man --Mark Wojcik, International Law Prof Blog 2011<p><br>

Author Information

Ulrich Fastenrath is Professor of Public Law, European Union Law, and Public International Law at the Technische Universitat Dresden. Rudolf Geiger is Professor Emeritus of Public, European and International Law at the University of Leipzig. Daniel-Erasmus Khan is Professor of Public Law, European Law and International Law at the University of the Armed Forces in Munich. Andreas Paulus a Judge on Germany's Constitutional Court. Sabine von Schorlemer is Professor of Public International Law, European Law, and International Relations at the Technische Universitat Dresden. Christoph Vedder is Professor of Public Law, Public International, and European Law at the University of Augsburg.

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