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Full Description
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors' discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
Contents
Preface, Richard Falk; Foreword, Karim Khan, KC; Foreword, Hillary Charlesworth; Foreword, Claudio Grossman; 1. Introduction: Intelligence of a Future Day; PART 1 - REIMAGINING INTERNATIONAL LAW; 2. Overcoming Disillusionment with International Law; 3. Reimagining International Law: What Might Have Been, What Might Be; 4. Change in International Law; 5. Fragmentation and Fertilisation of International Law; 6. The Role of Private (International) Law in Achieving the Sustainable Development Goals; PART 2 - REIMAGINING INTERNATIONAL ORGANIZATIONS; 7. Does the United Nations Have a Future? If so, What May That Be?; 8. The Role of the UN in the Codification and Progressive Development of International Law; 9. Pluralism in International Organizations; 10. Gluing together the jigsaw: Multilateralism in a divided world; 11. The Role of Public Diplomacy in the Modern World; 12. Reimagining the United Nations Security Council; 13. Reimagining the European Institutions; PART 3 - REIMAGINING COURTS AND TRIBUNALS; 14. International Law in Indian Courts; 15. The Role of International Law in the United Kingdom; 16. Plurality of International Legal Proceedings in an Era of Multiple Courts and Tribunals; 17. Pursuit of Domestic Remedies for Claims in International Law; 18. Rethinking Humanitarian and Human Rights Institutions for Asia; PART 4 - REIMAGINING SPECIFIC JURISDICTIONS; 19. Ecocide as an International Crime: Options and Choices; 20. Public Interest in Investment Arbitration: The Rapid Ascent Of Human Rights, Labour Law and Environmental Law; 21. Re-visiting the Kulbhushan Jhadav Case: Due Process in International Law; 22. Family Law: British and Indian Perspective; PART 5 - REIMAGINING LAWS OF WAR; 23. Ukraine: A Sunset or a New Dawn For International Law?; 24. Transformation of International Law through the Outlawry of War; 25. From Legal Ambiguity and Strategic Clarity to Legal Clarity and Strategic Ambiguity; 26. Sovereignty as Responsibility: Understanding the Legal Parameters of the Veto Power; PART 6 - REMEMBERING TITANS OF LAW; 27. In Memoriam: Judge James Crawford; 28. In Memoriam: Judge Antônio Trindade; 29. In Memoriam: Soli Sorabjee
