Community Interests Across International Law
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states.
It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Contents: I. IntroductionIntroductory remarks, Georg Nolte and Eyal BenvenistiII. General Overview1: Identifying Community Interests in International Law: Common Spaces and Beyond, Rüdiger Wolfrum2: Community Interests in International Law: Whose Interests Are They and How Should We Best Identify Them?, Samantha Besson3: Community Interests in the Identification of International Law - With a Special Emphasis on Treaty Interpretation & Customary Law Identification, Samantha Besson4: Community Interests in International Adjudication, Eyal Benvenisti5: What Role for International Organizations in the Promotion of Community Interests? Reflections on the Ideology of Functionalism, Jan Klabbers6: The International Law Commission and Community Interests, Georg NolteIII. Community Interests and Natural Resources7: The Law of the Sea and Natural Resources, Surabhi Ranganathan8: Law on Natural Disasters: From Cooperation to Solidarity?, Ki-Gab Park9: International Environmental Law and Community Interests: Procedural Aspects, Jutta Brunnée10: The Law of Cultural Sites, Lorenzo CasiniIV. Community Interests and Global Markets11: Community Interests in World Trade Law, Christian Tietje & Andrej Lang12: International Investment Law and Community Interests, Stephan Schill & Vladislav Djanic13: Community Interests and the Right to Health in Trade and Investment Law, Tania Voon & Andrew Mitchell14: 'Community Interests' and the Role of International Law in the Creation of a Global Market for Agricultural Land, Jochen von Bernstorff15: Community Interest Obligations in International Energy Law, Danai Azaria16: Community Obligations in International Taxation, Tsilly DaganV. Community Interests and State Authority17: International Migration and Refugee Law and Community Obligations, Tally Kritzman-Amir18: Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance, Francesca Bignami & Giorgio Resta19: Socioeconomic Rights, Extraterritorially, Ralph Wilde20: Human Rights Extraterritoriality: Controlling Companies Abroad, August ReinischVI. Community Interests and the Use of Force21: Common Interests of Humankind and the International Regulation of the Use of Force, Enzo Cannizarro22: 'The Rights and Obligations of Parties to International Armed Conflicts': From Bilateralism but not Towards Community Interest?, Janina Dill23: Rights and Obligations of Third Parties in Armed Conflicts, Heike Krieger
|Publisher:||Oxford University Press|
|Author(s)||Benvenisti, E and Nolte, G|