Realizing Utopia: The Future of International Law by Antonio Cassese

Realizing Utopia: The Future of International Law

EditorAntonio Cassese

Paperback | March 19, 2012

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Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even ifminor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum,to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international lawand several judges of the International Court of Justice.

About The Author

Antonio Cassese was Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of Europe Committee for the Prevention of Torture. He was the first President of the International Criminal Tribunal for the former Yugoslavi (ICTY),ser...
Kafka è stato con me tutta la vita
Kafka è stato con me tutta la vita

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Realizing Utopia: The Future of International Law
Realizing Utopia: The Future of International Law

by Antonio Cassese

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Title:Realizing Utopia: The Future of International LawFormat:PaperbackDimensions:752 pagesPublished:March 19, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199647089

ISBN - 13:9780199647088

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Table of Contents

1. Antonio Cassese: IntroductionI. Can the World become a Global Community?2. Martti Koskenniemi: The project of a world community3. Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society?4. Jose Alvarez: State Sovereignty5. Philip Alston: The United Nations6. Bardo Fassbender: The Security Council7. Nehal Bhuta: International actors other that States8. Mauro Palma: International civil society9. Andreas Paulus: Universal values v. bilateralism and reciprocity10. Savatore Zappala: Effectiveness v. universal values11. Anne Peters: Towards constitutionalising the world community?12. Antonio Cassese: Towards a global community of human rights?II. What Role for Law-Making?13. Luigi Condorelli: Customary law14. Antonio Cassese: Jus cogens15. Alan Boyle: New modalities of law-makingIII. Can International Legal Imperatives be More Effectively brought into Effect?(A) The Interplay of International and National Law16. Yuval Shany: Bolstering the implementation of international rules in domestic systems17. Antonio Cassese: Towards a "moderate monism: could international rules eventually acquire the force to invalidate inconsistent national laws?(B) Mechanisms for Inducing States' Compliance18. Pierre-Marie Dupuy: Making state responsibility work19. Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny?(C) The Role of Judicial Bodies20. Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady21. William Schabas: The International Criminal Court at a crossroads22. Malcolm Evans: The regional courts on human rights23. Michael Reisman: The judicial protection of foreign investment24. Mohammed Bennouna: The proliferation on international courts and their coordination25. Massimo Jovane: The role of state courts(D) Supervision and Fact-Finding as Alternatives to Judicial Review26. Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding27. L. Rockwood: Inspection of nuclear facilities28. Andrew Clapham: Overseeing compliance with human rights29. Jorge Vinuales: Monitoring compliance with standards for the protection of the environment4. Old and New Categories of Lawful Use of Force30. Philippe Sands: Self-defence31. Christian Tams: Humanitarian use of force5. Global Problems That are Badly in Need of Substantive Legal Regulation32. Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive33. Emmanuelle Jouannet: The question of development34. Joseph H.H. Weiler: WTO and world trade35. Robert Howse: Regulating international financial problems36. Francesco Francioni: Environment37. Bibi van Ginkel: Terrorism38. Souhail El-Zein: Human rights and genetic manipulation39. Andrew Murray: The use of cyberspace6. Restraining Armed Violence in International and Internal Armed Conflicts40. Nils Melzer: Protection of civilians in armed conflicts41. Antonio Cassese: Should rebels be treated as criminals?42. Sandesh Sivakumaran: Internal armed conflicts43. Orna Ben Naftali: Belligerent occupation44. Natalino Ronzitti: Modern means of warfare45. Giulia Pinzauti: Towards compensation of civilians for gross breaches of international law on methods and means of warfare7. The Role of Criminal and Civil Justice46. Jerome de Hemptinne: International criminal justice47. Paola Gaeta: The expansion of national criminal jurisdiction over international crimes48. Jaykumar A. Menon: Civil redress for international wrongs8. Recapitulation and Conclusion49. Antonio Cassese: Recapitulation and Conclusion