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Vol 23 No 5 May/June 2018

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Realizing Utopia: The Future of International Law

Edited by: Antonio Cassese

ISBN13: 9780199647088
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £51.00

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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 if minor, 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 law and several judges of the International Court of Justice.

Public International Law
1: Antonio Cassese: Introduction
I. Can the World become a Global Community?
2: Martti Koskenniemi: The project of a world community
3: Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society?
4: José Alvarez: State Sovereignty
5: Philip Alston: The United Nations
6: Bardo Fassbender: The Security Council
7: Nehal Bhuta: International actors other that States
8: Mauro Palma: International civil society
9: Andreas Paulus: Universal values v. bilateralism and reciprocity
10: Savatore Zappalà: Effectiveness v. universal values
11: 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 law
14: Antonio Cassese: Jus cogens
15: Alan Boyle: New modalities of law-making
III. Can International Legal Imperatives be More Effectively brought into Effect?
(A) The Interplay of International and National Law
16: Yuval Shany: Bolstering the implementation of international rules in domestic systems
17: Antonio Cassese: Towards a <"moderate monism>": could international rules eventually acquire the force to invalidate inconsistent national laws?
(B) Mechanisms for Inducing States' Compliance
18: Pierre-Marie Dupuy: Making state responsibility work
19: Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
(C) The Role of Judicial Bodies
20: Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady
21: William Schabas: The International Criminal Court at a crossroads
22: Malcolm Evans: The regional courts on human rights
23: Michael Reisman: The judicial protection of foreign investment
24: Mohammed Bennouna: The proliferation on international courts and their coordination
25: Massimo Jovane: The role of state courts
(D) Supervision and Fact-Finding as Alternatives to Judicial Review
26: Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding
27: L. Rockwood: Inspection of nuclear facilities
28: Andrew Clapham: Overseeing compliance with human rights
29: Jorge Viñuales: Monitoring compliance with standards for the protection of the environment
4. Old and New Categories of Lawful Use of Force
30: Philippe Sands: Self-defence
31: Christian Tams: Humanitarian use of force
5. Global Problems That are Badly in Need of Substantive Legal Regulation
32: Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive
33: Emmanuelle Jouannet: The question of development
34: Joseph H.H. Weiler: WTO and world trade
35: Robert Howse: Regulating international financial problems
36: Francesco Francioni: Environment
37: Bibi van Ginkel: Terrorism
38: Souhail El-Zein: Human rights and genetic manipulation
39: Andrew Murray: The use of cyberspace
6. Restraining Armed Violence in International and Internal Armed Conflicts
40: Nils Melzer: Protection of civilians in armed conflicts
41: Antonio Cassese: Should rebels be treated as criminals?
42: Sandesh Sivakumaran: Internal armed conflicts
43: Orna Ben Naftali: Belligerent occupation
44: Natalino Ronzitti: Modern means of warfare
45: Giulia Pinzauti: Towards compensation of civilians for gross breaches of international law on methods and means of warfare
7. The Role of Criminal and Civil Justice
46: Jérome de Hemptinne: International criminal justice
47: Paola Gaeta: The expansion of national criminal jurisdiction over international crimes
48: Jaykumar A. Menon: Civil redress for international wrongs
8. Recapitulation and Conclusion
49: Antonio Cassese: Recapitulation and Conclusion;