Realizing Utopia: The Future of International Law - Brossura

Cassese, The Late Antonio

Brossura

ISBN 10: 0199647089 ISBN 13: 9780199647088

Casa editrice: Oxford University Press, USA, 2012

Riassunto

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.

Su questo libro

L'autore:

Antonio Cassese was Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of Europe Committee for the Prevention of Torture. He was the first President of the International Criminal Tribunal for the former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997 and then as the presiding judge of trial chambers until 2000. In October 2004, Cassese was appointed by United Nations Secretary-General Kofi Annan to be the Chairperson of the UN International Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur. In 2006 the United Nations Secretary-General appointed him as an independent expert tasked to review the judicial efficiency of the Special Court of Sierra Leone. In March 2009 Cassese was appointed by United Nations as judge for the Special Tribunal for Lebanon (STL) where he was elected President of the Tribunal.

Contenuti:

• 1: Antonio Cassese: Introduction
• I. Can the World become a Global Community?
• 2: Martti Koskenniemi: The project of a world community
• 3: Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society?
• 4: José Alvarez: State Sovereignty
• 5: Philip Alston: The United Nations
• 6: Bardo Fassbender: The Security Council
• 7: Nehal Bhuta: International actors other that States
• 8: Mauro Palma: International civil society
• 9: Andreas Paulus: Universal values v. bilateralism and reciprocity
• 10: Savatore Zappalà: Effectiveness v. universal values
• 11: Anne Peters: Towards constitutionalising the world community?
• 12: Antonio Cassese: Towards a global community of human rights?
• II. What Role for Law-Making?
• 13: Luigi Condorelli: Customary law
• 14: Antonio Cassese: Jus cogens
• 15: Alan Boyle: 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: Yuval Shany: Bolstering the implementation of international rules in domestic systems
• 17: Antonio Cassese: Towards a <"moderate monism>": could international rules eventually acquire the force to invalidate inconsistent national laws?
• (B) Mechanisms for Inducing States' Compliance
• 18: Pierre-Marie Dupuy: Making state responsibility work
• 19: Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
• (C) The Role of Judicial Bodies
• 20: Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady
• 21: William Schabas: The International Criminal Court at a crossroads
• 22: Malcolm Evans: The regional courts on human rights
• 23: Michael Reisman: The judicial protection of foreign investment
• 24: Mohammed Bennouna: The proliferation on international courts and their coordination
• 25: Massimo Jovane: The role of state courts
• (D) Supervision and Fact-Finding as Alternatives to Judicial Review
• 26: Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding
• 27: L. Rockwood: Inspection of nuclear facilities
• 28: Andrew Clapham: Overseeing compliance with human rights
• 29: Jorge Viñuales: Monitoring compliance with standards for the protection of the environment
• 4. Old and New Categories of Lawful Use of Force
• 30: Philippe Sands: Self-defence
• 31: Christian Tams: Humanitarian use of force
• 5. Global Problems That are Badly in Need of Substantive Legal Regulation
• 32: Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive
• 33: Emmanuelle Jouannet: The question of development
• 34: Joseph H.H. Weiler: WTO and world trade
• 35: Robert Howse: Regulating international financial problems
• 36: Francesco Francioni: Environment
• 37: Bibi van Ginkel: Terrorism
• 38: Souhail El-Zein: Human rights and genetic manipulation
• 39: Andrew Murray: The use of cyberspace
• 6. Restraining Armed Violence in International and Internal Armed Conflicts
• 40: Nils Melzer: Protection of civilians in armed conflicts
• 41: Antonio Cassese: Should rebels be treated as criminals?
• 42: Sandesh Sivakumaran: Internal armed conflicts
• 43: Orna Ben Naftali: Belligerent occupation
• 44: Natalino Ronzitti: Modern means of warfare
• 45: Giulia Pinzauti: 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: Jérome de Hemptinne: International criminal justice
• 47: Paola Gaeta: The expansion of national criminal jurisdiction over international crimes
• 48: Jaykumar A. Menon: Civil redress for international wrongs
• 8. Recapitulation and Conclusion
• 49: Antonio Cassese: Recapitulation and Conclusion

Su questa edizione

• Editore: Oxford University Press, USA
• Data di pubblicazione: 2012
• ISBN 10: 0199647089
• ISBN 13: 9780199647088
• Rilegatura: Copertina flessibile
• Numero di pagine: 722