9781107360075 (ebook) 9781107044258 (hardback)
This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
James Crawford : the early years / Ivan Shearer An Australian in England / Philippe Sands Part I. Sovereignty 1. The war against cliché : dispatches from the international legal front / Karen Knop and Susan Marks 2. International law and the responsibility to protect / Michael Byers 3. Human rights beyond borders at the World Court / Ralph Wilde 4. Fragmentation, regime interaction and sovereignty / Margaret A. Young 5. The legitimacy of investment treaties : between exit, voice and James Crawford's quest for a more democratic international law / Lluís Paradell Trius 6. Polar territorial and maritime sovereignty in the twenty-first century / Donald R. Rothwell 7. An enquiry into the palimpsestic nature of territorial sovereignty in East Asia : with particular reference to the Senkaku/Diaoyudao question / Keun-Gwan Lee 8. General legal characteristics of states : a view from the past of the Permanent Court of International Justice / Ole Spiermann Part II. Statehood 9. The Security Council and statehood / Christine Chinkin 10. The dynamics of statehood in the practice of international and English courts / Alexander Orakhelashvili 11. How to recognise a state (and not) : some practical considerations / Tom Grant 12. An analysis of the 1969 Act of Free Choice in West Papua / Thomas D. Musgrave 13. Recognition of the State of Palestine : still too much too soon? / Yaël Ronen 14. The role of the uti possidetis principle in the resolution of maritime boundary disputes / Suzanne Lalonde 15. Room for 'state continuity' in international law? : a constitutionalist perspective / Ineta Ziemele Part III. State Responsibility 16. Law-making in complex processes : the World Court and the modern law of state responsibility / Christian J. Tams 17. Defending individual ships from pirates : questions of state responsibility and immunity / Douglas Guilfoyle 18. Excessive collateral civilian casualties and military necessity : awkward crossroads in international humanitarian law between state responsibility and individual criminal liability / Yutaka Arai-Takahashi 19. Third-party countermeasures : observations on a controversial concept / Martin Dawidowicz 20. The Appellate Body's use of the articles on state responsibility in US anti-dumping and countervailing duties (China) / Isabelle Van Damme 21. The application of the rules on countermeasures in investment claims : visions and realities of international law as an open system / Kate Parlett 22. The external relations of the European Union and its member states : lessons from recent developments in the economic sphere / Damien Geradin 23. Invoking, establishing and remedying state responsibility in mixed multi-party disputes : lessons from Eurotunnel / Freya Baetens.