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Reimagining the International Legal Order

Edited by: Vesselin Popovski, Ankit Malhotra

ISBN13: 9781032469331
Published: July 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £205.00



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International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.

Subjects:
Public International Law
Contents:
Preface
Richard Falk
Albert G. Milbank Professor of International Law and Practice, Emeritus at Princeton University
Foreword
Karim Khan, KC
Chief Prosecutor, International Criminal Court, The Hague
Foreword
Hillary Charlesworth
Judge, International Court of Justice and Melbourne Laureate Professor, Melbourne Law School
Foreword
Claudio Grossman
President Inter-American Institute of Human Rights, Member International Law Commission UN and Professor and Dean Emeritus, Washington College of Law, American University
Introduction: Intelligence of a Future Day
PART 1 - REIMAGINING INTERNATIONAL LAW
Overcoming Disillusionment with International Law
John Dugard
Reimagining International Law: What Might Have Been, What Might Be
Michael Wood 
Change in International Law
Arnold Pronto
Fragmentation and Fertilisation of International Law
Giuditta Cordero-Moss
The Role of Private (International) Law in Achieving the Sustainable Development Goals
Hans van Loon 
PART 2 - REIMAGINING INTERNATIONAL ORGANIZATIONS
Does the United Nations Have a Future? If so, What May That Be?
Malcolm Shaw
The Role of the UN in the Codification and Progressive Development of International Law
Attila Tanzi 
Pluralism in International Organizations
Ian Johnstone
Multilateralism in the United Nations
Raja Karthikeya 
The Role of Public Diplomacy in the Modern World
Alan Henrikson 
Reimagining the United Nations Security Council
Vesselin Popovski
Reimagining the European Institutions
Maria Stoicheva
PART 3 - REIMAGINING COURTS AND TRIBUNALS 
International Law in Indian Courts
Gopal Subramanium 
The Role of International Law in the United Kingdom 
Peter Goldsmith 
Plurality of International Legal Proceedings in an Era of Multiple Courts and Tribunals Laurence Boisson de Chazournes
Pursuit of Domestic Remedies for Claims in International Law
Vasuda Sinha
Rethinking Humanitarian and Human Rights Institutions for Asia
Sergey Sayapin
PART 4 - REIMAGINING SPECIFIC JURISDICTIONS 
Ecocide as an International Crime: Options and Choices
Christina Voigt
Public Interest in Investment Arbitration: The Rapid Ascent Of Human Rights, Labour Law and Environmental Law
Monica Feira Tinta 
Re-visiting the Kulbhushan Jhadav Case: Due Process in International Law
Harish Salve 
Family Law: British and Indian Perspective
William Longrigg & Anil Malhotra 
PART 5 - RE-IMAGINING LAWS OF WAR 
Ukraine: A Sunset or a New Dawn For International Law?
Upendra Baxi
Transformation of International Law through the Outlawry of War
Oona Hathaway and Scott Shapiro
From Legal Ambiguity and Strategic Clarity to Legal Clarity and Strategic Ambiguity
Charles Sampford
Sovereignty as Responsibility: Understanding the Legal Parameters of the Veto Power
Jennifer Trahan 
PART 6 - REMEMBERING TITANS OF LAW 
In Memoriam: Judge James Crawford
Freya Baetens
In Memoriam: Judge Antônio Trindade
Paula Almeida
In Memoriam: Soli Sorabjee
Ankit Malhotra