Solidarity and community interests : driving forces for the interpretation and development of international law / Rüdiger Wolfrum.

Format:

Book

Author/Creator:

Wolfrum, Rüdiger, author.

Series:

The Pocket Books of the Hague Academy of International Law / les Livres de Poche de l'Académie de Droit International de la Haye

Language:

English

Subjects (All):

International cooperation.

International law--Interpretation and construction.

International law.

Physical Description:

1 online resource (688 pages)

Place of Publication:

Leiden, Netherlands : Brill Nijhoff, [2021]

Summary:

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

Contents:

Basis of the International Normative Order

Traditional Actors in International Relations

Traditional Sources of International Law : Potential and/or Limits for a Progressive Development on the Basis of the Acknowledgement of Community Interests and the Principle of Solidarity

Particularly Featured International Law

International Law Reflecting the Principle of Solidarity

Influence of Community Interests and Solidarity on the Interpretation and Further Development of International Norms

Compliance and Compliance Control Concerning International Regimes Serving Community Interests and/or Being Guided by the Principle of Solidarity

Enforcing Compliance by Confrontational Means

Enforcement by Non-Confrontational Means

Particularities for the Enforcement of Regimes Based upon the Principle of Solidarity or Influenced by that Regime

Influence of Community Interests and the Principle of Solidarity (or Lack Thereof) on the Organisation and Procedure of International Dispute Settlement Systems

Alternative Fora or Means for Third Party Dispute Settlement to Accommodate Community Interest

Conclusions and De Lege Ferenda Observations Concerning Dispute Settlement Systems.

Notes:

Description based on print version record.

Includes bibliographical references.

Other Format:

Print version: Wolfrum, R. Solidarity and Community Interests

ISBN:

9789004508330