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Community Interests Across International Law

Edited by: Eyal Benvenisti, Georg Nolte

ISBN13: 9780198825210
Published: June 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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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.

Public International Law
I. Introduction
Introductory remarks, Georg Nolte and Eyal Benvenisti
II. General Overview
1: Identifying Community Interests in International Law: Common Spaces and Beyond, Rüdiger Wolfrum
2: Community Interests in International Law: Whose Interests Are They and How Should We Best Identify Them?, Samantha Besson
3: Community Interests in the Identification of International Law - With a Special Emphasis on Treaty Interpretation & Customary Law Identification, Samantha Besson
4: Community Interests in International Adjudication, Eyal Benvenisti
5: What Role for International Organizations in the Promotion of Community Interests? Reflections on the Ideology of Functionalism, Jan Klabbers
6: The International Law Commission and Community Interests, Georg Nolte
III. Community Interests and Natural Resources
7: The Law of the Sea and Natural Resources, Surabhi Ranganathan
8: Law on Natural Disasters: From Cooperation to Solidarity?, Ki-Gab Park
9: International Environmental Law and Community Interests: Procedural Aspects, Jutta Brunnée
10: The Law of Cultural Sites, Lorenzo Casini
IV. Community Interests and Global Markets
11: Community Interests in World Trade Law, Christian Tietje & Andrej Lang
12: International Investment Law and Community Interests, Stephan Schill & Vladislav Djanic
13: Community Interests and the Right to Health in Trade and Investment Law, Tania Voon & Andrew Mitchell
14: 'Community Interests' and the Role of International Law in the Creation of a Global Market for Agricultural Land, Jochen von Bernstorff
15: Community Interest Obligations in International Energy Law, Danai Azaria
16: Community Obligations in International Taxation, Tsilly Dagan
V. Community Interests and State Authority
17: International Migration and Refugee Law and Community Obligations, Tally Kritzman-Amir
18: Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance, Francesca Bignami & Giorgio Resta
19: Socioeconomic Rights, Extraterritorially, Ralph Wilde
20: Human Rights Extraterritoriality: Controlling Companies Abroad, August Reinisch
VI. Community Interests and the Use of Force
21: Common Interests of Humankind and the International Regulation of the Use of Force, Enzo Cannizarro
22: 'The Rights and Obligations of Parties to International Armed Conflicts': From Bilateralism but not Towards Community Interest?, Janina Dill
23: Rights and Obligations of Third Parties in Armed Conflicts, Heike Krieger