Progress in international law / edited by Russel A. Miller and Rebecca M. Bratspies ; with a foreword from Jose E. Alvarez.

Format:

Book

Contributor:

Miller, Russell A., 1969-

Bratspies, Rebecca M., 1965-

Series:

Developments in international law ; v. 60.

Developments in international law ; v. 60

Language:

English

Subjects (All):

International law.

Physical Description:

1 online resource (944 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2008.

Language Note:

English

Summary:

Progress in International Law is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its inspiration from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ Judge Manley O. Hudson. In his book Progress in International Organization , Hudson sought to demonstrate that what he perceived as an emerging international infrastructure, and as moves toward the rule of law in international affairs, were sure signs of human progress towards peace and cooperation. Progress in International Law critically engages with that claim as a normative matter and, at the same time, presents the evidence by which a judgment about our own progress towards peace and cooperation might be judged.

Contents:

Evidence and promise of progress : increased interdependence, rights and responsibilities, arenas of interaction, and the need for more cooperative uses of armed force / Jordan J. Paust

Making progress in international institutions and law / Barry E. Carter

The turning aside, on international law and its history / Alexandra Kemmerer

The necessity of international law against the a-normativity of neo-conservative thought / Sergio Dellavalle

Yom Kippur in hell : the empty life of international law / Ed Morgan

Progress in international organization : a constitutionalist reading / Christian Walter

On the borders of justice : an examination and possible solution to the doctrine of Uti Possidetis / Daniel Luker

The evolving role of treaties in international law / Karin Oellers-Frahm

Customary international law in the 21st Century / Andrew T. Guzman & Timothy L. Meyer

Treaties as domestic law in the United States / Alex Glashausser

The "unsatisfactory condition" of customary international law in the United States / Julian G. Ku

In quite a state : the trials and tribulations of an old concept in new times / Florian Homann

Between incapacity and indispensability : the United Nations and international order in the 21st century / Andreas Paulus

Coordination of international organizations - intellectual property law as an example : can there be safety in numbers? / Karen Kaiser

Individual progress in international law : considering amnesty / Leila Sadat

The challenges of evaluating NGO "success" in cross-border rights initiatives / Monica Schurtman

Paradoxes of personality : transnational corporations, non-governmental organizations and human rights in international law / Russell A. Miller

Transnational networks and the international public order / Jenia Iontcheva Turner

Progress in international adjudication : revisiting Hudson's assessment of the future of international courts / Cesare P. R. Romano

The "precedential Judge Hudson"? Rivers, oceans, equity, and international tribunals / Betsy Baker

The role of transnational judicial dialogue in shaping transnational speech : international jurisdictional conflicts in hate speech and defamation law / Melissa A. Waters

Expanding Influence : regional human rights courts and death penalty abolition / Kelly Parker

Triumph of progress : the embrace of international commercial arbitration / Mary A. Bedikian

International security and the use of force / Abraham D. Sofaer

Reforming the security council to achieve collective security / Brian J. Foley

Security multilateralism : progress and paradox / Margaret E. McGuinness

Legality versus legitimacy and the use of force / Petr Valek

The phantom of the neo-global era : international law and the implications of non-state terrorism on the nexus of self-defense and the use of force / L. Waldron Davis

Progress in enforcing international law against rogue states? : comparing the 1930s with the current age of nuclear proliferation / Orde F. Kittrie

Complexity in the law of war / David Kaye

International organization and the environment / Stephen C. Carey

Recourse to international human rights : challenges to the traditional paradigm / Mayo Moran

A right to frozen water? the institutional spaces for supranational climate Change Petitions / Hari M. Osofsky

The "preference for pollution" and other fallacies, or why free trade isn't "progress" absent the harmonization of environmental standards / Amy Sinden

Enhancing human rights protection through procedure : procedural rights and guarantees derived from substantial norms in human rights treaties / Maria Pia Carazo

Reconciling the irreconcilable : progress toward sustainable development / Rebecca M. Bratspies

Incorporating international human rights law in national constitutions : the South African experience / Penelope E. Andrews

The new world trading system and China / Li Chen .

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-39821-0

9786612398216

90-474-3316-5

OCLC:

593232303

Publisher Number:

10.1163/ej.9789004165717.i-912 DOI