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International Law in Silver Perspective: Challenges Ahead

Edited by: Karel Wellens

ISBN13: 9789004271678
Published: September 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback
Price: £101.00

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In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialisrts in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respecrive fields and the most pressing challenges that lie ahead for them. The result is a fascinating, thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.

Public International Law
1. International Law Mastering the Future: Global Governance
Millennium Development Goal Paul de Waart

1. International Law in Development
2. International Law in the Development Agenda
3. Good Governance Development Goal
4. Global Governance in Silver Perspective
5. Global Sustainable Distribution of Wealth

2. Judicial Activism in Strasbourg Marc Bossuyt
1. Manifestations of Activist Behavior
2. The Techniques Used by the Court to Engage in an Activist Behavior and the Main Arguments Invoked to Justify Such a Behavior
3. The Dangers of his Judicial Activism
4. Conclusions

3. Reflections on the Future of International Criminal Law Harry H.G. Post
1. The Dynamic Development of International Criminal Law
2. The Domestic Level ‘As It Was’
3. Stagnation at the International Level?
4. Domestic Contributions to the Administration of International Justice
5. Concluding Remarks

4. Sixty Years in the Life of an International Lawyer Both as a Teacher and a Practitioner Eric Suy
1. Introductory Remarks

5. New Developments in the Cyprus Question – The Beginning of the End, or the End of the Beginning? Neri Sybesma-Knol
1. Fifty Years of United Nations Involvement
2. What Happened Before
3. The Concept of Peacekeeping
4. Prerequisites for Success of Peacekeeping Missions
5. The Situation in Cyprus Deteriorating
6. Enter: The European Union
7. The Annan Plan
8. The European Court of Human Rights
9. A New Momentum
10. Conclusions

6. The International Court of Justice, Back to the Future: Keeping the Dream Alive Karel Wellens
1. Introduction
2. The International Legal Landscape Has Changed
3. The Judicial Landscape Has Changed
4. The Judicial Function Has Changed
5. The Plurality of Judicial Functions
6. The Court’s Judicial Functions
7. Finding a New Balance between the Court’s Institutional and Systemic Role
8. Revisiting Judicial Economy: ‘There is no Need for the Court to Consider…’
9. The Scope and Persuasive Quality of Judicial Reasoning
10. The Role of Separate and Dissenting Opinions
11. Judicial Policy
12. As Guardian of the International Community the Court Should Adopt a (More) Pro-Active Judicial Policy
13. A More Pro-Active Judicial Policy Sensu Stricto
14. A More Pro-Active Judicial Policy Sensu Lato
15. Transcending the Bilateral Nature of the Disputes: Towards More Third-party Participation
16. Towards a More Frequent Exercise of Inherent Powers
17. Final Observations.