International Law: Between the Letter and the Spirit

Erscheinungsjahr 2019
ISBN: 978-90-04-40143-3
Verlag: Brill Academic Publishers

Buch, Englisch, 240 Seiten, Format (B × H): 150 mm x 230 mm, Gewicht: 305 g

Reihe: Hague Academy Special Editions

This book confronts the letter and spirit of international law, its norms and institutions, as well as their interaction with the life of peoples, nations and States in all their cultural diversity.

The exercise consists of de-compartmentalising the analysis of international law, which today concerns all aspects of daily life, and nourishing this analysis with human realities.

International law is presented both as a method and as a message that is rooted in universal values.

Beyond the formal aspects of this discipline, this book seeks to grasp the fundamental meaning of international law in order to assess its relevance and its limitations.

This book focuses on the issues that are disrupting international law today rather than on the well-established aspects of this field.

Autoren/Hrsg.

Bennouna, Mohamed

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

TABLE OF CONTENTS

Foreword: Between the letter and the spirit

Part I. The international legal order: foundations and re-assessment

Chapter 1: Methods of analysis and theories of international law

Section 1. Negationist approaches

Section 2. The New Haven School: international law as a decisionmaking process

Section 3. The Reims School: international law as the result of compromises between inter-State contradictions

Section 4. New third-world approaches to international law

Section 5. Feminist approaches to international law

Section 6. How to break down the analysis of international law ?

Chapter 2: Sovereignty

Section 1. Jurisdictional immunities of States and their agents

Para. 1. Jurisdictional immunities of States

Para. 2. Jurisdictional immunity of State agents

Section 2. The responsibility to protect

Chapter 3: Collective security

Section 1. The new requirements of State security

Para. 1. International terrorism

Para. 2. Human security

Section 2. Self-defence

Section 3. The Security Council: master of collective security

Para. 1. The primary responsibility of the Security Council.

Para. 2. Revisiting collective security.

Para. 3. Does the Security Council have general competence to take decisions ?.

Para. 4. Oversight of the Security Council’s compliance with fundamental human rights.

Chapter 4: General international law

Chapter 5: The international legal obligation

Section 1. The nature and purpose of the international legal obligation

Para. 1. The legal interest at issue

Para. 2. The content and scope of the obligation

A. Reciprocal obligations and obligations of common interest

B. Obligations of conduct and obligations of result

Section 2. The effects of an international obligation in States’ domestic legal systems

Chapter 6: The responsibility of states for international crimes

Section 1. The nature of the responsibility of States for international crimes

Section 2. The characteristics of State responsibility for international crimes.

Section 3. The attribution of international crimes to the State for the purposes of its responsibility

Part II. The international order in action

Chapter 7: International justice

Section 1. The International Court of Justice, an institution with general jurisdiction to settle international disputes

Section 2. The dispute settlement system of the World Trade Organization (WTO)

Section 3. International criminal justice

Section 4. International investment arbitration

Chapter 8: Universal jurisdiction

Section 1. The exercise of universal jurisdiction on a customary basis

Section 2. The exercise of universal jurisdiction on a treaty basis

Chapter 9: Prevention in international law

Section 1. Characteristics of the obligation of prevention

Section 2. International responsibility in matters of prevention

Section 3. The precautionary principle or approach

Para. 1. The precautionary principle in general international law

Para. 2. Implementation of the precautionary principle within the WTO

Chapter 10: The international order of the oceans – challenges and prospects

Section 1. The extension of the continental shelf beyond 200 nautical miles

Section 2. What legal regime for the Arctic Ocean?

Section 3. The dispute settlement system under the United Nations Convention on the Law of the Sea

Chapter 11: International law and the test of time

Section 1. The interpretation of rules over time

Section 2. The application of international law over time

Chapter 12: The reform of the united nations or the squaring of the circle

Section 1. The efforts to reform the collective security system of the United Nations

Section 2. The right to veto and international rule of law

Conclusion

Selected bibliography

Index

About the Author

Biographical note

Principal publications

Acknowledgments

Über Autor(innen)

Mohamed Bennouna, Professor of International Law and Judge at the International Court of Justice, complements a theoretical work in the field of public international law with his extensive experience in international relations, notably as a representative of the Kingdom of Morocco to the United Nations, as well as his longstanding experience in the practice of international law.