Realizing Utopia The Future of International Law

by Cassese, The Late Antonio

• ISBN13: 9780199691661
• ISBN10: 0199691665
• Format: Hardcover
• 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 Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of Europe
Committee for the Prevention of Torture. He was the first President of the International Criminal
Tribunal for the former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997 and then
as the presiding judge of trial chambers until 2000. In October 2004, Cassese was appointed by
United Nations Secretary-General Kofi Annan to be the Chairperson of the UN International
Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur. In
2006 the United Nations Secretary-General appointed him as an independent expert tasked to
review the judicial efficiency of the Special Court of Sierra Leone. In March 2009 Cassese was
appointed by United Nations as judge for the Special Tribunal for Lebanon (STL) where he was
elected President of the Tribunal.

Table of Contents

1: Antonio Cassese: Introduction
I. Can the World become a Global Community?
2: Martti Koskenniemi: The project of a world community
3: Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society?
4: José Alvarez: State Sovereignty
5: Philip Alston: The United Nations
6: Bardo Fassbender: The Security Council
7: Nehal Bhuta: International actors other that States
8: Mauro Palma: International civil society
9: Andreas Paulus: Universal values v. bilateralism and reciprocity
10: Savatore Zappalà: Effectiveness v. universal values
11: Anne Peters: Towards constitutionalising the world community?
12: Antonio Cassese: Towards a global community of human rights?
II. What Role for Law-Making?
13: Luigi Condorelli: Customary law
14: Antonio Cassese: Jus cogens
15: Alan Boyle: New modalities of law-making
III. Can International Legal Imperatives be More Effectively brought into Effect?
(A) The Interplay of International and National Law
16: Yuval Shany: Bolstering the implementation of international rules in domestic systems
17: Antonio Cassese: Towards a "moderate monism": could international rules eventually acquire the force to invalidate inconsistent national laws?
(B) Mechanisms for Inducing States' Compliance
18: Pierre-Marie Dupuy: Making state responsibility work
19: Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
(C) The Role of Judicial Bodies
20: Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady
21: William Schabas: The International Criminal Court at a crossroads
22: Malcolm Evans: The regional courts on human rights
23: Michael Reisman: The judicial protection of foreign investment
24: Mohammed Bennouna: The proliferation on international courts and their coordination
25: Massimo Jovane: The role of state courts
(D) Supervision and Fact-Finding as Alternatives to Judicial Review
26: Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding
27: L. Rockwood: Inspection of nuclear facilities
28: Andrew Clapham: Overseeing compliance with human rights
29: Jorge Viñuales: Monitoring compliance with standards for the protection of the environment
4. Old and New Categories of Lawful Use of Force
30: Philippe Sands: Self-defence
31: Christian Tams: Humanitarian use of force
5. Global Problems That are Badly in Need of Substantive Legal Regulation
32: Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive
33: Emmanuelle Jouannet: The question of development
34: Joseph H.H. Weiler: WTO and world trade
35: Robert Howse: Regulating international financial problems
36: Francesco Francioni: Environment
37: Bibi van Ginkel: Terrorism
38: Souhail El-Zein: Human rights and genetic manipulation
39: Andrew Murray: The use of cyberspace
6. Restraining Armed Violence in International and Internal Armed Conflicts
40: Nils Melzer: Protection of civilians in armed conflicts
41: Antonio Cassese: Should rebels be treated as criminals?
42: Sandesh Sivakumaran: Internal armed conflicts
43: Orna Ben Naftali: Belligerent occupation
44: Natalino Ronzitti: Modern means of warfare
45: Giulia Pinzauti: Towards compensation of civilians for gross breaches of international law on methods and means of warfare
7. The Role of Criminal and Civil Justice
46: Jérome de Hemptinne: International criminal justice
47: Paola Gaeta: The expansion of national criminal jurisdiction over international crimes
48: Jaykumar A. Menon: Civil redress for international wrongs
8. Recapitulation and Conclusion
49: Antonio Cassese: Recapitulation and Conclusion
1. Introduction, Antonio Cassese
I. Can the World become a Global Community?
2. The project of a world community, Martti Koskenniemi
3. Is the Leviathan still holding sway over the international society?, Luigi Condorelli and Antonio Cassese
4. State Sovereignty, Jose Alvarez
5. The United Nations, Philip Alston
6. The Security Council, Bardo Fassbender
7. International actors other that States, Nehal Bhuta
8. International civil society, Mauro Palma
9. Universal values v. bilateralism and reciprocity, Andreas Paulus
10. Effectiveness v. universal values, Savatore Zappala
11. Towards constitutionalising the world community?, Anne Peters
12. Towards a global community of human rights?, Antonio Cassese
II. What Role for Law-Making?
13. Customary law, Luigi Condorelli
14. Jus cogens, Antonio Cassese
15. New modalities of law-making, Alan Boyle
III. Can International Legal Imperatives be More Effectively brought into Effect?
(A) The Interplay of International and National Law
16. Bolstering the implementation of international rules in domestic systems, Yuval Shany
17. Towards a "moderate monism": could international rules eventually acquire the force to invalidate inconsistent national laws?, Antonio Cassese
(B) Mechanisms for Inducing States' Compliance
18. Making state responsibility work, Pierre-Marie Dupuy
19. Immunity of states and state officials: a major stumbling-block to judicial scrutiny?, Paola Gaeta
(C) The Role of Judicial Bodies
20. The International Court of Justice: it is high time to restyle the respected old lady, Antonio Cassese
21. The International Criminal Court at a crossroads, William Schabas
22. The regional courts on human rights, Malcolm Evans
23. The judicial protection of foreign investment, Michael Reisman
24. The proliferation on international courts and their coordination, Mohammed Bennouna
25. The role of state courts, Massimo Jovane
(D) Supervision and Fact-Finding as Alternatives to Judicial Review
26. How to ensure increased compliance with international standards: monitoring and institutional fact-finding, Antonio Cassese
27. Inspection of nuclear facilities, L. Rockwood
28. Overseeing compliance with human rights, Andrew Clapham
29. Monitoring compliance with standards for the protection of the environment, Jorge Vinuales
4. Old and New Categories of Lawful Use of Force
30. Self-defence, Philippe Sands
31. Humanitarian use of force, Christian Tams
5. Global Problems That are Badly in Need of Substantive Legal Regulation
32. Self-determination of peoples: is it still alive, Abdulqawi Ahmed Yusuf
33. The question of development, Emmanuelle Jouannet
34. WTO and world trade, Joseph H.H. Weiler
35. Regulating international financial problems, Robert Howse
36. Environment, Francesco Francioni
37. Terrorism, Bibi van Ginkel
38. Human rights and genetic manipulation, Souhail El-Zein
39. The use of cyberspace, Andrew Murray
6. Restraining Armed Violence in International and Internal Armed Conflicts
40. Protection of civilians in armed conflicts, Nils Melzer
41. Should rebels be treated as criminals?, Antonio Cassese
42. Internal armed conflicts, Sandesh Sivakumaran
43. Belligerent occupation, Orna Ben Naftali
44. Modern means of warfare, Natalino Ronzitti
45. Towards compensation of civilians for gross breaches of international law on methods and means of warfare, Giulia Pinzauti
7. The Role of Criminal and Civil Justice
46. International criminal justice, Jerome de Hemptinne
47. The expansion of national criminal jurisdiction over international crimes, Paola Gaeta
48. Civil redress for international wrongs, Jaykumar A. Menon
8. Recapitulation and Conclusion
49. Recapitulation and Conclusion, Antonio Cassese