内容説明
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
目次
- An Australian in England Philippe Sands
- James Crawford: the earlier years Ivan Shearer
- Part I. Sovereignty: 1. The war against cliche: dispatches from the international legal front Susan Marks and Karen Knop
- 2. International law and the responsibility to protect Michael Byers
- 3. Human rights beyond borders at the World Court Ralph Wilde
- 4. Fragmentation, regime interaction and sovereignty Margaret Young
- 5. The legitimacy of investment treaties: between exit, voice and James Crawford's quest for a more democratic international law Lluis Paradell-Trius
- 6. Polar territorial and maritime sovereignty in the twenty-first century Don Rothwell
- 7. An enquiry into the palimpsestic nature of territorial sovereignty in East Asia - with particular reference to the Senkaku/Diaoyudao question Keun-Gwan Lee
- 8. General legal characteristics of states: a view from the past of the Permanent Court of International Justice Ole Spiermann
- Part II. Statehood: 9. The Security Council and statehood Christine Chinkin
- 10. The dynamics of statehood in the practice of international and English courts Alexander Orakhelashvili
- 11. How to recognise a state (and not): some practical considerations Tom Grant
- 12. An analysis of the 1969 Act of Free Choice in West Papua Tom Musgrave
- 13. Recognition of the State of Palestine: still too much too soon? Yael Ronen
- 14. The role of the Uti Possidetis Principle in the Resolution of Maritime Boundary Disputes Suzanne Lalonde
- 15. A room for 'state continuity' in international law? A constitutionalist perspective Ineta Ziemele
- Part III. State Responsibility: 16. Law-making in complex processes: the World Court and the modern law of state responsibility Christian Tams
- 17. Defending individual ships from pirates: questions of state responsibility and immunity Douglas Guilfoyle
- 18. Excessive collateral civilian casualties and military necessity: awkward crossroads in international humanitarian law between state responsibility and individual criminal liability Yutaka Arai-Takahashi
- 19. Third-party countermeasures: observations on a controversial concept Martin Dawidowicz
- 20. The Appellate Body's use of the articles on state responsibility in US - anti-dumping and countervailing duties (China) Isabelle Van Damme
- 21. The application of the rules on countermeasures in investment claims: visions and realities of international law as an open system Kate Parlett
- 22. The external relations of the European Union and its Member States: lessons from recent developments in the economic sphere Damien Geradin
- 23. Invoking, establishing and remedying state responsibility in mixed multi-party disputes: lessons from Eurotunnel Freya Baetens.
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