Achievements of international law : essays in honour of robin churchill.

Format:

Book

Language:

English

Physical Description:

1 online resource (403 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London [England] : HART PUBLISHING, 2021.

Summary:

"The aim of this collection of essays in Robin Churchill's honour to discuss the key examples of the achievements of international law ? with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills. The book is divided into four distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights Law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system."-- Provided by publisher.

Contents:

Intro

Foreword by David Anderson

Acknowledgements

Contents

List of Contributors

Introduction

PART I. GENERAL INTERNATIONAL LAW

1. Less is More: Rules and Principles in International Law-Making

I. Introduction

II. The Two Styles of Law-Making

III. The Detailed Rule-Based Approach

IV. The General Principle-Based Approach

V. Subsequent Practice and the Elaboration of General Principles

VI. Conclusion

2. An Amodernist Approach to International Law: The Law of the Sea in the Amarna Letters

I. Introduction: Modern Approaches to International Law

II. An Amodernist Approach to International Law

III. A Brief Amodernist Account of the History of International Law

IV. The First Law of the Sea: The Amarna Letters

V. Conclusions

3. The Sources of Public International Law Historically Considered

II. Before Article 38(1) of the 1945 Statute of the International Court of Justice

III. The Necessity of Natural Law

IV. Thinking through the Contents and Relevance of the Martens Clause

V. Treaties, Custom and Paquette Habana (1900)

VI. Multilateral Treaties: On Codification and Progressive Development

VII. On the North Sea Continental Shelf Cases (1969)

VIII. Final Reflections

PART II. HUMAN RIGHTS LAW

4. The United Nations and Human Rights: Reform through Review?

II. The Treaty Body Crisis

III. Addressing the Crisis: The 'Treaty-Strengthening Process'

IV. Strengthening the Treaties: Resolution 68/268

V. The Road to the 2020 Review

VI. Conclusion: Reform by Review

VII. Postscript

5. United Nations Human Rights Treaty Bodies: Universality and National Implementation

II. Deference by the ECtHR

III. Deference by Other International Courts

IV. Deference by Human Rights Treaty Bodies

V. Conclusions.

6. International Parental Child Abduction and the Need for Alternative Regimes?

II. Parental Child Abduction and International Law

III. Muslim Family Law States and theHague Conference System

IV. Mapping a Route Forward: Rival Regimes?

PART III. THE LAW OF THE SEA AND FISHERIES

7. Coastal State Jurisdiction in Ice-Covered Areas: The Impacts of Climate Change and the Polar Code

II. Factual and Legal Developments: Climate Change and the Polar Code

III. The Criteria for Extended Environmental Jurisdiction under Article 234

IV. Climate Change and Article 234

V. The Polar Code and Article 234

VI. Conclusions

8. The Responsibility and Liability of Flag States in the Context of Fisheries

II. IUU Fishing

III. The Role of the Flag State

IV. The Response to Failures by Flag States

V. The ITLOS Advisory Opinion in Case No 21

VI. Applying the ITLOS Advisory Opinion to Litigation

VII. The Philippines-China Case

VIII. Conclusion

9. Compulsory Inter-State Adjudication in the Anthropocene: Achieving the Paradoxical?

II. The Anthropocene, International Law and Inter-State Adjudication

III. Consensual Jurisdiction: Consistency in Principle, Diversity in Practice

IV. 'Compulsory Jurisdiction': Meanings, Misunderstandings and False Utopias

V. Beyond Dispute Resolution: Towards a Lex Anthropocenae?

PART IV. INTERNATIONAL ENVIRONMENTAL LAW

10. The Challenge of Effective Compliance and Enforcement with International Environmental Law

II. The Declining State of the Global Environment

III. Breach of International Environmental Obligations and State Responsibility:Leaving Nature Behind?

IV. Compliance Review in Nature Conservation Treaties

V. Conclusion.

11. Where's the Catch? Shifting Stocks, International Fisheries Management and the Climate Change Conundrum

II. Shifting Fish Stocks and the Limits of Current Legal Frameworks

III. Shifting Stocks and the Pre-emptive Management of Fisheries Resources

IV. RFMOs and Climate Change

V. Participatory Challenges and Contested Mobile Resources

PART V. INTERNATIONAL CRIMINAL COOPERATION

12. The Influence of Jus Cogens on International Crimes: Have they made any Difference?

II. Jus Cogens and International Crimes: The Concepts and their Links

III. The Consequences of a Violation of a Jus Cogens Norm: General and Particular, the ILC View and Beyond

IV. Jus Cogens and International Crimes: The Case Law

13. The Achievements and Limits of Global Counter-terrorism Cooperation

II. The Origins of Transnational Criminal Law Enforcement

III. Global Counter-terrorism Cooperation before 2001

IV. Global Counter-terrorism Cooperation after 2001

V. Conclusion

Index.

ISBN:

9781509917402

1509917403

9781509917389

1509917381

OCLC:

1262371469