The Reality of International Law Essays in Honour of Ian Brownlie

by Goodwin-Gill, Guy S.; Talmon, Stefan; Jennings, Robert

• ISBN13: 9780198268376
• ISBN10: 0198268378
• Format: Hardcover
• Copyright: 2000-01-13
• Publisher: Oxford University Press

Summary

This collection takes its title from Brownlie's personal contribution to the development of the subject. His commitment to international law as a system for the regulation of affairs between states has long been characterized by a strong sense of ideals, political and human, but also by an awareness of what law is in practice, what is achievable, and what remains to be done.

Author Biography

GUY-GOODWIN-GILL is Professor of International Refugee Law at Oxford University
STEFAN TALMON is Wissenschaftlicher at Tubingen University

Table of Contents

Biographical Note	xv
Select Bibliography	xvii
List of Contributors	xxiii
Table of Cases	xxvii
Table of Treaties	xxxvii
Abbreviations	xliii
The Effective Enforcement of High Seas Fishing Regimes: The Case of the Convention for the Regulation of the Policing of the North Sea Fisheries of 6 May 1882	1	(20)
Kaare Bangert
The Legal Premises for the International Protection of Human Rights	21	(16)
Chaloka Beyani
A Taste of Armageddon: The Law of Armed Conflict as Applied to Cyberwar	37	(20)
James J. Busuttil
Rethinking Panama: International Law and the US Invasion of Panama, 1989	57	(38)
Simon Chesterman
Israel (1948--1949) and Palestine (1998--1999): Two Studies in the Creation of States	95	(30)
James Crawford
The Place of Non-Forcible Counter-Measures in Contemporary International Law	125	(28)
Omer Yousif Elagab
Maritime Delimitation after Denmark v. Norway: Back to the Future?	153	(24)
Malcolm D. Evans
The Utilization of International Groundwater in General International Law	177	(22)
Ximena Fuentes
Crime in International Law: Obligations Erga Omnes and the Duty to Prosecute	199	(26)
Guy S. Goodwin-Gill
Adjudicatory Jurisdiction over Multilateral Enterprises: `Lifting the Veil' in the EU and the USA	225	(18)
Joseph P. Griffin
The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law	243	(30)
Bing Bing Jia
State Responsibility and the 1948 Genocide Convention	273	(20)
Nina Jorgenson
The Quality of Justice: `Exces de Pouvoir' in the Adjudication and Arbitration of Territorial and Boundary Disputes	293	(30)
Kaiyan Homi Kaikobad
Operational Policies of International Institutions as Part of the Law-Making Process: The World Bank and Indigenous Peoples	323	(20)
Benedict Kingsbury
From Reform to Realism: The Council of Europe	343	(8)
Errki Kourula
Governance and Co-ordination in Conflict and Post-Conflict Situations: Challenge or Maze?	351	(10)
Pirrko Kourula
Legal Limits to United Nations Security Council Powers	361	(28)
Susan Lamb
Defences in the Jurisprudence of International Tribunals	389	(24)
Phoebe N. Okowa
The Protection of Human Rights in Emergency Situations under Customary International Law	413	(26)
Jaime Oraa
International Criminal Environmental Law	439	(16)
Rene Provost
International Obligations Erga Omnes: Their Moral Foundation and Criteria of Identification in Light of Two Japanese Contributions	455	(24)
Maurizio Ragazzi
Habeas Corpus and the Canadian Charter of Rights and Freedoms	479	(20)
Robert J. Sharpe
Who is a Legitimate Government in Exile? Towards Normative Criteria for Governmental Legitimacy in International Law	499	(40)
Stefan Talmon
Resource Entitlement in the Law of the Sea: Some Areas of Continuity and Change	539	(26)
Stephen Vasciannie
Forum Prorogatum and the Indication of Provisional Measures in the International Court of Justice	565	(20)
Sienho Yee
Index	585