Suchergebnisse

Preliminary Material -- 1. The International Law of Co-progressiveness: The Descriptive Observation, the Normative Position and Some Core Principles -- 2. We Are All "Civilized Nations": Arguments for Cleaning up Article 38(1)(c) of the Statute of the International Court of Justice -- 3. The Kosovo Advisory Opinion of the International Court of Justice -- 4. The International Law of Co-progressiveness and the Co-progressiveness of Civilizations -- 5. The Role of Law in the Formation of Regional Perspectives on Human Rights and Regional Systems for the Protection of Human Rights: The European and Asian Models as Illustrations -- 6. The Intrinsic and Instrumental Values of Diversity and the Settlement of the Conflicts between Them: Some Philosophical and Legal Considerations -- 7. Public Opinion -- 8. Sovereign Equality of States and the Legitimacy of Leader States -- 9. Towards a Harmonious World: The Roles of the International Law of Co-progressiveness and Leader States -- 10. Military Activities in the EEZ: Moving the Debate to Article 59 of the UNCLOS -- 11. Sustainable Development, International Law and China -- 12. The Dynamic Interplay between the Interpreters of Security Council Resolutions -- 13. En Route to the Final Shape of the UNCLOS Dispute Settlement System: Some Pivotal Negotiating Procedural Steps Worthy of Consideration by Future Treaty-makers and Leaders in Treaty-making -- 14. Reform Proposals regarding the International Court of Justice: Final Report for the ILA Study Group on United Nations Reform -- 15. The Presidency of the International Tribunal for the Law of the Sea and the "National State Extension" Concern -- 16. The Responsibility of States Members of an International Organization for Its Conduct as a Result of Membership or Their Normal Conduct Associated with Membership -- 17. 'Member Responsibility' and the ILC Articles on the Responsibility of International Organizations: Some Observations -- 18. Universal Jurisdiction: Concept, Logic, and Reality -- Index.

Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL