Full Description
International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world. In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity.
The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity. This volume will be of great interest to scholars and practitioners of international law alike.
Contents
I - The Structures of International Law
1. The Centripede and the Centrifuge: Principles for the Centralisation and Decentralisation of Governance
Thomas M Franck
2. On the Causes of Uncertainty and Volatility in International Law
W Michael Reisman
3. Structural Paradigms of International Law
Dirk Pulkowski
4. Subsidiarity as a Method of Policy Centralisation
Gareth Davies
5. Fragmentation(s) of International Law: On Normative Integration as Authority Allocation
Tomer Broude
II - International Authority and the State
6. State Sovereignty, International Legality and Moral Disagreement
Brad R Roth
7. Democracy without Sovereignty: The Global Vocation of Political Ethics
Robert L Howse and Kalypso Nicolaidis
8. Subsidiarity, Fragmentation and Democracy: Towards the Demise of General International Law?
Andreas L Paulus
III - Allocation of Authority among Judicial Bodies
9. Towards a Solange-Method between International Courts and Tribunals?
Nikolaos Lavranos
10. Exercise in Constitutional Tolerance? When Public International Law Meets Private International Law: Bosphorus Revisited
Iris Canor
11. Domestic Courts and Sovereignty
Amichai Cohen
IV - Allocations of Authority in Specific Normative Contexts
12. Regionalism, Economic Interdependence, Approximation of Laws and their Impact on Sovereignty, National Identity, and Legitimacy: The Euro-Med Case
Guy Harpaz
13. Conflicting Obligations in International Investment Law: Investment Tribunals' Perspective
Moshe Hirsch
14. Multi-level Accountability: A Case Study of Accountability in the Aftermath of the Srebrenica Massacre
André Nollkaemper
15. Territorial Administration by Non-territorial Sovereigns
Malcolm N Shaw KC
