Full Description
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states.
It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Contents
I. Introduction
Eyal Benvenisti and Georg Nolte: Introductory remarks
II. General Overview
1: Rüdiger Wolfrum: Identifying Community Interests in International Law: Common Spaces and Beyond
2: Samantha Besson: Community Interests in International Law: Whose Interests Are They and How Should We Best Identify Them?
3: Samantha Besson: Community Interests in the Identification of International Law - With a Special Emphasis on Treaty Interpretation & Customary Law Identification
4: Eyal Benvenisti: Community Interests in International Adjudication
5: Jan Klabbers: What Role for International Organizations in the Promotion of Community Interests? Reflections on the Ideology of Functionalism
6: Georg Nolte: The International Law Commission and Community Interests
III. Community Interests and Natural Resources
7: Surabhi Ranganathan: The Law of the Sea and Natural Resources
8: Ki-Gab Park: Law on Natural Disasters: From Cooperation to Solidarity?
9: Jutta Brunnée: International Environmental Law and Community Interests: Procedural Aspects
10: Lorenzo Casini: Cultural Sites Between Nationhood and Mankind
IV. Community Interests and Global Markets
11: Christian Tietje & Andrej Lang: Community Interests in World Trade Law
12: Stephan Schill & Vladislav Djanic: International Investment Law and Community Interests
13: Tania Voon & Andrew Mitchell: Community Interests and the Right to Health in Trade and Investment Law
14: Jochen von Bernstorff: 'Community Interests' and the Role of International Law in the Creation of a Global Market for Agricultural Land
15: Danai Azaria: Community Interest Obligations in International Energy Law
16: Tsilly Dagan: Community Interests in International Taxation
V. Community Interests and State Authority
17: Tally Kritzman-Amir: Community Interests in International Migration and Refugee Law
18: Francesca Bignami & Giorgio Resta: Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance
19: Ralph Wilde: Socioeconomic Rights, Extraterritorially
20: August Reinisch: Human Rights Extraterritoriality: Controlling Companies Abroad
VI. Community Interests and the Use of Force
21: Enzo Cannizzaro: Common Interests of Humankind and the International Regulation of the Use of Force
22: Janina Dill: 'The Rights and Obligations of Parties to International Armed Conflicts': From Bilateralism but Not Towards Community Interest?
23: Heike Krieger: Rights and Obligations of Third Parties in Armed Conflicts
