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Renegotiating Westphalia


ISBN13: 9789041112507
ISBN: 9041112502
Published: August 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £194.00



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This collection of papers addresses two main themes: firstly, whether there is a distinctively European contribution to or even leadership in, the contemporary formation and evolution of international law; secondly, the extent to which non-governmental actors (e.g. NGOs, international organizations, companies, individuals) contribute decisively to the formation of international law at the present time. These issues are explored within a number of different contexts of contemporary significance, in particular: the protection of human and minority rights; protection of the environment; control of transnational organized crime; prosecution of war crimes and crimes against humanity; the definition of statehood and the right to self-determination; and transnational commercial and economic activity. The discussion is firmly located within the theory of international law and relations and also the continuum of international history. Comparisons are drawn with both global and other regional developments to test the hypothesis of a ""European international law"".

Contents:
Contributors. Preface.
1. The Significance of Westphalia: an Archaeology of the International Legal Order; C. Harding, C.L. Lim.
2. Regionalism in International Law-Making and the Westphalian Legacy; O. Elias.
3. Authority and Personality: Non-State Entities as Law-Makers? C.L. Lim.
4. Collective Regional Security and Evolving Methods of Dealing with Confrontations; H. McCoubrey.
5. The Media and International Law in European Foreign Policy during the Bosnia-Herzegovina Crisis; A. Carty.
6. Non-Governmental War Crimes Tribunals: A Forgotten Arena of International Criminal Justice?; E. Haslam.
7. The International and European Control of Crime; C. Harding.
8. Regionalism, Asylum and Solidarity in Europe; C. Harvey.
9. The Evolution of the European Regulation of Asylum: from Geneva to Amsterdam; C. Lyons.
10. The European Convention on Human Rights and the Evolution of Fundamental Rights in the 'Private Domain', S. McInerney.
11. Legal Mechanisms of Transnational Economic Co-Operation: International and European Dimensions; 'G. Bamodu.
12. The Economics of Sovereignty; J. Linarelli.