Towards an international law of co-progressiveness. Part II, Membership, leadership and responsibility / by Sienho Yee.

Format:

Book

Author/Creator:

Yee, Sienho, author.

Series:

Developments in international law ; Volume 71.

Developments in International Law, 0924-5332 ; Volume 71

Language:

English

Subjects (All):

International law.

International law--Moral and ethical aspects.

International courts.

Immunities of foreign states.

Physical Description:

1 online resource (398 p.)

Edition:

1st ed.

Place of Publication:

Leiden, Netherlands : Brill Nijhoff, 2014.

Language Note:

English

Summary:

Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Contents:

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.

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

90-04-28922-4

OCLC:

898242030

Publisher Number:

10.1163/9789004289222 DOI