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Vol 23 No 5 May/June 2018

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L'etre situe: Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryauichi Ida

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Edited by: Shotara Hamamoto, Hironobu Sakai, Akiho Shibata

ISBN13: 9789004268883
Published: June 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £116.00

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The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory.

The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations.

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Public International Law
Preface Vii
Acknowledgements X
List of Figures and Tables XII
List of Contributors XIII

Part 1 - "L' etre situe" : Deconstruction of Universality
1. L'Etat situe dans le droit international de l'investissement 3 Shotaro Hamamoto
2. " L'Etat situe" in the Context of the Accession of Developing Countries to the wto 23 Tomonori Mizushima
3. The Functional Approach in le droit international de developpement: A Theoretical Appraisal 37 Zhian Wang
4. Emerging Economies and International Economic Law: A Case Study on Thailand 63 Sakda Thanitcul
5. Universal Jurisdiction in a Context: From Dialectic to Dialogue 89 Mari Takeuchi

Part 2 - Effectiveness: Formality of Law and Amorphous Reality
6. Running Many ftas is Like Balancing between Many Bicycles: A Multidimensional Comparison of Institutional Provisions in Japan's ftas 115 Tomohiko Kobayashi
7. Provisional Measures in Investor-State Dispute Settlement: Reappearance of Community of Investment Interests? 144 Dai Tamada
8. New Relationship between the United Nations and Regional Organizations in Peace Security: A Case of the African Union 165 Hironobu Sakai

Part 3 - Law-Making: International Law Catching Up with the Globalizing Community
9. International and Domestic Laws in Collaboration: An Effective Means of Environmental Liability Regime-Making 193 Akiho Shibata
10. New Perspectives on Soft Law: Towards More Effective Regime Governance 214 Tatsuya Abe
11. The Defence of Necessity as Customary International Law: The Fisheries Jurisdiction Case (Spain v. Canada) Re-examined 238 Takuhei Yamada
12. Catching Up with Society - What, How, and Why: The Regulation of the un Security Council's Targeted Sanctions 255
Machiko Kanetake Bibliography of Professor Ryuichi Ida (with abbreviations used in this book) 285
Index 296