Realizing Utopia The Future of International Law

by Cassese, The Late Antonio

• ISBN13: 9780199647088
• ISBN10: 0199647089
• Format: Paperback
• Copyright: 2012-05-04
• Publisher: Oxford University Press

Summary

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even ifminor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum,to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international lawand several judges of the International Court of Justice.

Author Biography

The late Antonio Cassese was President of the Special Tribunal for Lebanon and of the International Criminal Tribunal for the Former Yugoslavia, as well as Professor of International Law at the University of Florence.

Table of Contents

Principal Abbreviations	p. xi
List of Contributors	p. xiii
Introduction	p. xvii
Can the World Become a Global Community?
The Subjective Dangers of Projects of World Community	p. 3
Is Leviathan Still Holding Sway over International Dealings?	p. 14
State Sovereignty is Not Withering Away: A Few Lessons for the Future	p. 26
The United Nations: No Hope for Reform?	p. 38
The Security Council: Progress is Possible but Unlikely	p. 52
The Role International Actors Other Than States can Play in the New World Order	p. 61
The Possible Contribution of International Civil Society to the Protection of Human Rights	p. 76
Whether Universal Values can Prevail over Bilateralism and Reciprocity	p. 89
Can Legality Trump Effectiveness in Today's International Law?	p. 105
Are we Moving towards Constitutionalization of the World Community?	p. 118
A Plea for a Global Community Grounded in a Core of Human Rights	p. 136
What Lawmaking Tools Should be Used to Bring About the Needed Change?
Customary International Law: The Yesterday, Today, and Tomorrow of General International Law	p. 147
For an Enhanced Role of Jus Cogens	p. 158
International Lawmaking: Towards a New Role for the Security Council?	p. 172
Can International Legal Imperatives be More Effectively Brought into Effect?
The Interplay of International and National Law
Towards a Moderate Monism: Could International Rules Eventually Acquire the Force to Invalidate Inconsistent National Laws?	p. 187
Should the Implementation of International Rules by Domestic Courts be Bolstered?	p. 200
Major Obstacles to States' Compliance
The Deficiencies of the Law of State Responsibility Relating to Breaches of 'Obligations Owed to the International Community as a Whole': Suggestions for Avoiding the Obsolescence of Aggravated Responsibility	p. 210
Immunity of States and State Officials: A Major Stumbling Block to Judicial Scrutiny?	p. 227
The Role of International Judicial Bodies
The International Court of Justice: It is High Time to Restyle the Respected Old Lady	p. 239
The International Criminal Court: Struggling to Find its Way	p. 250
The Future(s) of Regional Courts on Human Rights	p. 261
The Future of International Investment Law and Arbitration	p. 275
How to Cope with the Proliferation of International Courts and Coordinate Their Action	p. 287
Supervision and Fact-Finding as Alternatives to Judicial Review
Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding	p. 295
Ensuring Compliance with Standards on the Peaceful Use of Nuclear Energy	p. 304
Overseeing Human Rights Compliance	p. 318
Managing Abidance by Standards for the Protection of the Environment	p. 326
What Law Should be Changed?
Enhancing the Lawful Use of Force to Meet Modern Challenges
Operationalizing the UN Charter Rules on the Use of Force	p. 343
Prospects for Humanitarian Uses of Force	p. 359
Other Global Problems Badly in Need of Substantive Legal Regulation
The Role That Equal Rights and Self-Determination of Peoples can Play in the Current World Community	p. 375
How to Depart from the Existing Dire Condition of Development	p. 392
The WTO: Already the Promised Land?	p. 418
Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development	p. 427
Realism, Utopia, and the Future of International Environmental Law	p. 442
Combating Terrorism: Proposals for Improving the International Legal Framework	p. 461
Genetic Manipulation: How to Strike the Right Balance between Technology and Respect for Human Rights	p. 481
Uses and Abuses of Cyberspace: Coming to Grips with the Present Dangers	p. 496
Restraining Armed Violence in International and Internal Armed Conflict
Bolstering the Protection of Civilians in Armed Conflict	p. 508
Should Rebels be Treated as Criminals? Some Modest Proposals for Rendering Internal Aimed Conflicts Less Inhumane	p. 519
How to Improve upon the Faulty Legal Regime of Internal Armed Conflicts	p. 525
Belligerent Occupation: A Plea for the Establishment of an International Supervisory Mechanism	p. 538
Modern Means of Warfare: The Need to Rely upon International Humanitarian Law, Disarmament, and Non-Proliferation Law to Achieve a Decent Regulation of Weapons	p. 553
Good Time for a Change: Recognizing Individuals' Rights under the Rules of International Humanitarian Law on the Conduct of Hostilities	p. 571
Can International and Domestic Justice Play a More Incisive Role?
The Future of International Criminal Justice: A Blueprint for Action	p. 585
The Need Reasonably to Expand National Criminal Jurisdiction over International Crimes	p. 596
Domestic Courts Should Embrace Sound Interpretative Strategies the Development of Human Rights-Oriented International Law	p. 607
The Low Road: Promoting Civil Redress for International Wrongs	p. 626
Conclusion
Gathering Up the Main Threads	p. 645
Index	p. 685
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