Progress in International Law

by Miller, Russell A.; Bratspies, Rebecca M.; Alvarez, Jose E.

• ISBN13: 9789004165717
• ISBN10: 9004165711
• Format: Hardcover
• Copyright: 2008-06-30
• Publisher: Martinus Nijhoff

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 Worlds 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.

Table of Contents

Introductory Materials
Foreword: Progress in International Law	p. 3
Progress in International Law - An Explanation of the Project	p. 9
Progress in International Law - A Contemporary Assessment
Evidence and Promise of Progress: Increased Interdependence, Rights and Responsibilities, Arenas of Interaction, and the Need for More Cooperative Uses of Armed Force	p. 33
Making Progress in International Institutions and Law	p. 51
History and Theory of International Law
The Turning Aside. On International Law and Its History	p. 71
The Necessity of International Law Against the A-normativity of Neo-Conservative Thought	p. 95
Yom Kippur in Hell: The Empty Life of International Law	p. 119
Progress in International Organization: A Constitutionalist Reading	p. 133
On the Borders of Justice: An Examination and Possible Solution to the Doctrine of Uti Possidetis	p. 151
The Sources of International Law and their Application in the United States
The Evolving Role of Treaties in International Law	p. 173
Customary International Law in the 21st Century	p. 197
Treaties as Domestic Law in the United States	p. 219
The "Unsatisfactory Condition" of Customary International Law in the United States	p. 243
International Actors
In Quite a State: The Trials and Tribulations of an Old Concept in New Times	p. 263
Between Incapacity and Indispensability: The United Nations and International Order in the 21st Century	p. 289
Coordination of International Organizations - Intellectual Property Law as an Example: Can There Be Safety in Numbers?	p. 315
Individual Progress in International Law: Considering Amnesty	p. 335
The Challenges of Evaluating NGO "Success" in Cross-Border Rights Initiatives	p. 357
Paradoxes of Personality: Transnational Corporations, Non-Governmental Organizations and Human Rights in International Law	p. 381
Transnational Networks and the International Public Order	p. 407
International Jurisdiction and International Jurisprudence
Progress in International Adjudication: Revisiting Hudson's Assessment of the Future of International Courts	p. 433
The "Precedential Judge Hudson"? Rivers, Oceans, Equity, and International Tribunals	p. 451
The Role of Transnational Judicial Dialogue in Shaping Transnational Speech: International Jurisdictional Conflicts in Hate Speech and Defamation Law	p. 473
Expanding Influence: Regional Human Rights Courts and Death Penalty Abolition	p. 491
Triumph of Progress: The Embrace of International Commercial Arbitration	p. 517
The Use of Force and the World's Peace
International Security and The Use of Force	p. 541
Reforming the Security Council to Achieve Collective Security	p. 571
Security Multilateralism: Progress and Paradox	p. 591
Legality versus Legitimacy and the Use of Force	p. 615
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	p. 633
Progress in Enforcing International Law Against Rogue States?: Comparing the 1930s with the Current Age of Nuclear Proliferation	p. 651
Complexity in the Law of War	p. 681
Challenge of Protecting the Environment and Human Rights
International Organization and the Environment	p. 709
Recourse to International Human Rights: Challenges to the Traditional Paradigm	p. 723
A Right to Frozen water? The Institutional Spaces for Supranational Climate Change Petitions	p. 749
The "Preference for Pollution" and other Fallacies, or Why Free Trade Isn't "Progress" Absent the Harmonization of Environmental Standards	p. 771
Enhancing Human Rights Protection through Procedure: Procedural Rights and Guarantees Derived from Substantial Norms in Human Rights Treaties	p. 793
Reconciling the Irreconcilable: Progress Toward Sustainable Development	p. 813
Incorporating International Human Rights Law in National Constitutions: The South African Experience	p. 835
The New World Trading System and China	p. 855
Address at the Inauguration of the William Edgar Borah Foundation for the Outlawry of War	p. 879
Progress in International Organization - "Introduction" and "The Measure of Progress in International Organization" [Republication]	p. 882
Index	p. 887
Table of Contents provided by Blackwell. All Rights Reserved.