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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Unity and Pluralism in Public International Law

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Oriol CasanovasProfessor of Public International Law, Pompeu Fabra University, Barcelona, Spain

ISBN13: 9789041116642
ISBN: 9041116648
Published: July 2001
Publisher: Brill Academic Publishers
Format: Hardback
Price: £117.00

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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of public international law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system depends upon its normative structure and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current public international law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytic frame that aims to provide a deeper understanding of the current situation of public international law as a legal system.

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Abbreviations. Introductory Note. Part I: The Legal Structure of Public International Law. I. Public International Law as a Legal System. II. Universality and Particularism in International Custom. III. International Treaties and Material International Regimes. IV. The Open Structure of Public International Law.
Part 2: The Evolving International Community. VI. Self-Determination of Peoples and Social Pluralism. VII. The Human Person in International Law.
Part 3: The Functions of Public International Law. VIII. State Legal Powers and Common Interests. IX. International Responsibility: Plurality of International Regimes. X. The Pacific Settlement of Disputes and the Multiplicity of International Courts. Conclusion. Selected Bibliography. Table of Cases. Author Index. Subject Index.