From Bilateralism to Community Interest: Essays in Honour of Judge Bruno SimmaUlrich Fastenrath This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfils in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work. |
Contents
Dulce est desipere in loco | 1 |
BRUNO SIMMA TEACHER AND JUDGE | 7 |
FROM WESTPHALIA TO WORLD COMMUNITY THEORETICAL PERSPECTIVES ON INTERNATIONAL LAW | 37 |
THE INSTITUTIONAL DIMENSION OF COMMUNITY INTERESTS | 199 |
PLACING HUMAN RIGHTS CENTRESTAGE | 417 |
THE LAWMAKING FUNCTION THE PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW | 647 |
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From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma Ulrich Fastenrath No preview available - 2011 |
Common terms and phrases
accepted accessed according action actors adopted agreement application approach Article Assembly authority bodies Charter claim Commission Committee community interests concept concerning consequences considered constitutes Convention countries Court crimes customary decision Droit economic effect enforcement established European example existence fact force fundamental further global human rights humanitarian ICJ Rep immunity important individual institutions international community international law interpretation Intl issue Judge jurisdiction limited matter means measures nature norms noted object obligations ofinternational ofthe Opinion organizations para particular parties peace persons political possible practice prevent principle protection question reasons reciprocity reference regard regime relations relevant Report reservations respect responsibility result role rules Security Council Simma situation social society specific status territory theory tion trade treaty United Nations University Press values World