Realizing Utopia The Future of International Law

Author: Antonio Cassese
Publisher: Oxford University Press
ISBN: 9780199647088
Published In: March 2012
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides imaginative and innovative solutions to many of the problems facing the international community, including terrorism, self-determination, and genetic manipulation
Looks ahead to the future of international law and its various sub-areas, and proposes ways in which it can improve its relevance and reach
Features chapters by many of the world's greatest international lawyers, including Martti Koskenniemi, Michael Reisman, Joseph Weiler, and Antonio Cassese himself

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world.

As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Readership: Scholars, students, and practitioners of international law; scholars of international relations with an interest in international law

1: Antonio Cassese: Introduction
I. Can the World become a Global Community?
2: Martti Koskenniemi: The project of a world community
3: Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society?
4: José Alvarez: State Sovereignty
5: Philip Alston: The United Nations
6: Bardo Fassbender: The Security Council
7: Nehal Bhuta: International actors other that States
8: Mauro Palma: International civil society
9: Andreas Paulus: Universal values v. bilateralism and reciprocity
10: Savatore Zappalà: Effectiveness v. universal values
11: Anne Peters: Towards constitutionalising the world community?
12: Antonio Cassese: Towards a global community of human rights?
II. What Role for Law-Making?
13: Luigi Condorelli: Customary law
14: Antonio Cassese: Jus cogens
15: Alan Boyle: New modalities of law-making
III. Can International Legal Imperatives be More Effectively brought into Effect?
(A) The Interplay of International and National Law
16: Yuval Shany: Bolstering the implementation of international rules in domestic systems
17: Antonio Cassese: Towards a <"moderate monism>": could international rules eventually acquire the force to invalidate inconsistent national laws?
(B) Mechanisms for Inducing States' Compliance
18: Pierre-Marie Dupuy: Making state responsibility work
19: Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny?
(C) The Role of Judicial Bodies
20: Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady
21: William Schabas: The International Criminal Court at a crossroads
22: Malcolm Evans: The regional courts on human rights
23: Michael Reisman: The judicial protection of foreign investment
24: Mohammed Bennouna: The proliferation on international courts and their coordination
25: Massimo Jovane: The role of state courts
(D) Supervision and Fact-Finding as Alternatives to Judicial Review
26: Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding
27: L. Rockwood: Inspection of nuclear facilities
28: Andrew Clapham: Overseeing compliance with human rights
29: Jorge Viñuales: Monitoring compliance with standards for the protection of the environment
4. Old and New Categories of Lawful Use of Force
30: Philippe Sands: Self-defence
31: Christian Tams: Humanitarian use of force
5. Global Problems That are Badly in Need of Substantive Legal Regulation
32: Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive
33: Emmanuelle Jouannet: The question of development
34: Joseph H.H. Weiler: WTO and world trade
35: Robert Howse: Regulating international financial problems
36: Francesco Francioni: Environment
37: Bibi van Ginkel: Terrorism
38: Souhail El-Zein: Human rights and genetic manipulation
39: Andrew Murray: The use of cyberspace
6. Restraining Armed Violence in International and Internal Armed Conflicts
40: Nils Melzer: Protection of civilians in armed conflicts
41: Antonio Cassese: Should rebels be treated as criminals?
42: Sandesh Sivakumaran: Internal armed conflicts
43: Orna Ben Naftali: Belligerent occupation
44: Natalino Ronzitti: Modern means of warfare
45: Giulia Pinzauti: Towards compensation of civilians for gross breaches of international law on methods and means of warfare
7. The Role of Criminal and Civil Justice
46: Jérome de Hemptinne: International criminal justice
47: Paola Gaeta: The expansion of national criminal jurisdiction over international crimes
48: Jaykumar A. Menon: Civil redress for international wrongs
8. Recapitulation and Conclusion
49: Antonio Cassese: Recapitulation and Conclusion

Edited by the late Antonio Cassese, Former President, Special Tribunal for Lebanon

Antonio Cassese was Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of Europe Committee for the Prevention of Torture. He was the first President of the International Criminal Tribunal for the former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997 and then as the presiding judge of trial chambers until 2000. In October 2004, Cassese was appointed by United Nations Secretary-General Kofi Annan to be the Chairperson of the UN International Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur. In 2006 the United Nations Secretary-General appointed him as an independent expert tasked to review the judicial efficiency of the Special Court of Sierra Leone. In March 2009 Cassese was appointed by United Nations as judge for the Special Tribunal for Lebanon (STL) where he was elected President of the Tribunal.

Contributors:

Philip Alston - New York University
José Alvarez - New York University
Orna Ben Naftali - College of Management Academic Studies
Mohammed Bennouna - International Court of Justice
Alan Boyle - Edinburgh University
Nehal Bhuta - Toronto University
Andrew Clapham - Graduate Institute of International and Development Studies, Geneva
Luigi Condorelli - Florence University
Pierre-Marie Dupuy - Graduate Institute of International and Development Studies, Geneva
Souhail El-Zein - UNESCO
Malcolm Evans - Bristol University
Bardo Fassbender - University of Munich
Francesco Francioni - European University Institute
Paola Gaeta - Geneva University
Bibi van Ginkel - Clingendael Institute, The Hague
Jérome de Hemptinne - Special Tribunal for Lebanon
Robert Howse - New York University
Emmanuelle Jouannet - Paris I-Sorbonne
Massimo Jovane - University of Naples
Martti Koskenniemi - Helsinki University
Nils Melzer - University of Zurich
Jaykumar A. Menon - McGill University
Andrew Murray - London School of Economics
Mauro Palma - European Committee for the Prevention of Torture
Andreas Paulus - Constitutional Court, Germany
Anne Peters - University of Basel
Giulia Pinzauti - European University Institute
Michael Reisman - Yale University
L. Rockwood - IAEA
Natalino Ronzitti - LUISS University Rome
Philippe Sands - University College London
William Schabas - Middlesex University
Yuval Shany - Jerusalem University
Sandesh Sivakumaran - University of Nottingham
Christian Tams - University of Glasgow
Jorge Viñuales - Geneva Institute of International and Development Studies
Joseph H.H. Weiler - New York University
Abdulqawi Ahmed Yusuf - International Court of Justice
Savatore Zappalà - University of Catania