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From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma

From Bilateralism to Community Interest Essays in Honour of Judge Bruno Simma

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199588817
  • Published In: March 2011
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Reviews

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  • Traces the development of international law over time and assesses its role in reinforcing the international community, with a particular focus on issues such as human rights and the environment
  • Examines the role of international courts and tribunals in upholding international law as well as the judicial function within these institutions
  • Features contributions from a stellar list of authors, including Philip Alston, James Crawford, Dame Rosalyn Higgins, and Christoph Schreuer

This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests.

The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfils in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law.

As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.
Readership: Scholars of general international law and in particular the theory of international law, international dispute settlement, and human rights.

Bruno Simma: Teacher and Judge
1: Rosalyn Higgins: From Academic to Judge
2: Christopher McCrudden: Speech in Honour of Bruno Simma's Election to the International Court of Justice
3: Eric Stein: Bruno Simma, The Positivist?
4: Gerd Westdickenberg: Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court
From Westphalia to World Community: Theoretical Perspectives on International Law
5: Andrea Bianchi: The Fight for Inclusion: Non-State Actors and International Law
6: Ulrich Fastenrath: A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law
7: Benedict Kingsbury, Megan Donaldson: From Bilateralism to Publicness in International Law
8: Martti Koskenniemi: The Political Theology of Trade Law: The Scholastic Contribution
9: Andreas Paulus: Reciprocity Revisited
10: Dirk Pulkowski: Universal International Law's Grammar
11: Steven Ratner: From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
12: Peter-Tobias Stoll: The WTO as a Club: Rethinking Reciprocity and Common Interest
13: Daniel Thürer, Martin Zobl: Are Nuclear Weapons Really Legal? - Thoughts on the Sources of International Law and a Conception of the Law imperio rationis Instead of ratione imperii
The Institutional Dimension of Community Interests
14: Wolfgang Benedek: Multi-Stakeholderism in the Development of International Law
15: Brun-Otto Bryde: Transnational Democracy
16: James Crawford: Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts
17: Vera Gowlland-Debbas: An Emerging International Public Policy?
18: Meinhard Hilf, Tim René Salomon: Running in Circles - Regionalism in World Trade and How It Will Lead Back to Multilateralism
19: Wolfgang Münch: The UN Laissez Passer - Legal Reflections and Managerial Issues
20: Hanspeter Neuhold: Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
21: Anne Peters: The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
22: Pemmaraju Sreenivasa Rao: The International Community and the Developing Countries - The International Community: Factual Interdependencies
23: Sabine von Schorlemer: Implications of the World Financial Crisis - What Role for the UN?
24: Werner Schroeder, Andreas Th. Müller: Elements of Supranationality in the Law of International Organisations
25: Christian J. Tams: Individual States as Guardians of Community Interests
26: Friedl Weiss: Sketching 'Community interest' in EU Law
Placing Human Rights Centre Stage
27: Orna Ben-Naftali: Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
28: Benedetto Conforti: The Specifity of Human Rights and International Law
29: Bardo Fassbender: Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations
30: Peter Hilpold: From Humanitarian Intervention to R2P: Making Utopia True?
31: Eckart Klein: Denunciation of Human Rights Treaties and the Principle of Reciprocity
32: Friedrich Kratochwil: Human Rights and Democracy: Is There a Place for Actual People(s)?
33: Hisashi Owada: Human Security and International Law
34: Alain Pellet and Daniel Müller: From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil...
35: Riccardo Pisillo Mazzeschi: The Relationship between Human Rights and the Rights of Aliens and Immigrants
36: Eibe Riedel: New Bearings to Social Rights? - The Communications Procedure under the ICESCR
37: Malcolm N. Shaw: Self-Determination, Human Rights and the Attribution of Territory
38: Christian Tomuschat: Universal Periodic Review: A New System of International Law with Specific Ground Rules?
39: Andreas Zimmermann: The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
The Law-Making Function: The Progressive Development of International Law
40: Franz Cede, Christina Binder: Is there an Austrian Contribution to the Codification of International Law?
41: Giorgio Gaja: A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ
42: Rudolf H. Geiger: Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
43: Gerhard Hafner: Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
44: Andreas Heinemann: Business Enterprises in Public International Law - The Case for an International Code on Corporate Responsibility
45: Maurice Kamto: The Function of the Law and the Codification of the International Law in a Changing World
46: Sir Kenneth Keith: Bilateralism and Community in Treaty Law and Practice - of Warriors, Workers and (Hook-)Worms
47: Jan Klabbers: The Community Interest in the Law of Treaties: Ambivalent Conceptions
48: Georg Nolte: The ILC facing the Second Decade of the Twenty-first Century
49: Karl Zemanek: International Law Needs Development. But Whereto?
The Judicial Function: Balancing Individual and Community Interest
50: Armin von Bogdandy, Marc Jacob: The Judge as a Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
51: Enzo Cannizzaro, Beatrice I. Bonafé: Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights
52: Olivier Corten: Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed <"Proportionate Defensive Measures>" Admissible in Contemporary International Law?
53: Pierre-Marie Dupuy: Competition among International Tribunals and the Authority of the International Court of Justice
54: Thomas Fleiner: The Unilateral Secession of Kosovo as Precedent in International Law
55: Hans-Peter Folz: The Arbitration Panel for In Rem Restitution and Its Jurisprudence - Extreme Injustice in International Law
56: Francesco Francioni: The Right of Access to Justice to Challenge Security Council's Targeted Sanctions: After-Thoughts on Kadi
57: Jochen A. Frowein: Kosovo and Lotus
58: Burkhard Hess: European Civil Procedure and Public International Law
59: Carsten Hoppe: Trends and Trials - The Implementation of Consular Rights a Decade After LaGrand
60: Robert Howse, Ruti Teitel: Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law
61: Hans-Peter Kaul, Eleni Chaitidou: Balancing Individual and Community Interests - Reflections on the International Criminal Court
62: Horst G. Krenzler, Oliver Landwehr: 'A New Legal Order of International Law': On the Relationship between Public International Law and European Union Law after Kadi
63: Guillermo R. Moncayo, Martin Moncayo von Hase: The International Court of Justice and the Environment: The Recent Paper Mills Case
64: Mary Ellen O'Connell: The Natural Superiority of Courts
65: Karin Oellers-Frahm: Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts
66: Christoph Schreuer, Ursula Kriebaum: From Individual to Community Interest in International Investment Law
67: Bernardo Sepúlveda-Amor: Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
68: Rudolf Streinz: Judicial Function: Balancing Individual and Community Interests - Does the European Court of Justice keep the balance in Kadi?
69: Rüdiger Wolfrum: Enforcing Community Interests through International Dispute Settlement: Reality or Utopia?
International Law in Various Contexts
70: Philip Alston: Using International Law to Combat Unlawful Targeted Killings
71: Andrea Gattini: Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
72: Christine Kaufmann: International Law in Recession? - The Role of International Law When Crisis Hits: Food, Finance and Climate Change
73: Daniel-Erasmus Khan: Sailing the Wine-Dark Sea - An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People
74: August Reinisch: A History of the Doctrine of Odious Debts - Serving Individual/Bilateral or Community Interests?
75: Peter H. Sand: Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
76: Birgit Schmidt am Busch: Privatization of Military Flights in the Mesh of International and National Law
77: Nico Schrijver: The Impact of Climate Change: Challenges for International Law
78: Theodor Schweisfurth: The ILC's Articles on State Responsibility and the German Federal Constitutional Court
79: Joseph Weiler: Abraham, Jesus and the Western Culture of Justice

Edited by Ulrich Fastenrath, Professor of Public Law, European Union Law, and Public International Law, Technische Universitat Dresden, Rudolf Geiger, Professor Emeritus of Public, European, and International Law, University of Leipzig, Daniel-Erasmus Khan, Professor of Public Law, European Law, and International Law, University of Bundeswehr, Munich, Andreas Paulus, Judge, Germany's Constitutional Court, Sabine von Schorlemer, Professor of Public International Law, European Law, and International Relations, Technische Universitat Dresden, and Christoph Vedder, Professor of Public Law, Public International, and European Law, University of Augsburg

Ulrich Fastenrath is Professor of Public Law, European Union Law, and Public International Law at the Technische Universitat Dresden.

Rudolf Geiger is Professor Emeritus of Public, European and International Law at the University of Leipzig.

Daniel-Erasmus Khan is Professor of Public Law, European Law and International Law at the University of the Armed Forces in Munich.

Andreas Paulus a Judge on Germany's Constitutional Court.

Sabine von Schorlemer is Professor of Public International Law, European Law, and International Relations at the Technische Universitat Dresden.

Christoph Vedder is Professor of Public Law, Public International, and European Law at the University of Augsburg.

Contributors: 

Philip G. Alston, John Norton Pomeroy Professor of Law at the New York University Law School

Orna Ben-Naftali, Head of the International Law Division and the Law and Culture Division of the Law School of the College of Management Academic Studies, Rishon Lezion (Israel)

Wolfgang Benedek, Professor of International Law and Director of the Institute of International Law and International Relations at the University of Graz

Andrea Bianchi, Professor of International Law at the Graduate Institute of International and Development Studies in Geneva

Christina Binder, Assistant Professor at the University of Vienna, Department of European, International and Comparative Law

Armin von Bogdandy, Director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg

Beatrice I. Bonafé, Lecturer in International Law, University of Macerata (Italy)

Brun-Otto Bryde, Judge at the (German) Federal Constitutional Court, Karlsruhe, and Professor of German Public Law at the University of Giessen

Enzo Cannizzaro, Professor of International Law and European Union Law at the University of Rome 'La Sapienza'

Franz Cede, Ambassador, Senior Advisor at the Austrian Institute for European and Security Policy (AIES), Vienna

Eleni Chaitidou, Legal Officer at the Pre-Trial Division of the International Criminal Court

Benedetto Conforti, Professor emeritus of International Law at the University of Naples

Olivier Corten, Professor at the Center of international law of the Université libre de Bruxelles

James Crawford, Whewell Professor of International Law at the University of Cambridge

Megan Donaldson, Hauser Global Scholar at the New York University Law School

Pierre-Marie Dupuy, Professor of Law at the University of Paris (Panthéon-Assas) and the Graduate Institute for International and Development, Geneva

Bardo Fassbender, Professor of International Law at the University of the Federal Armed Forces Munich

Ulrich Fastenrath, Professor of German Public Law, European Union Law and Public International Law, Director of the School of International Studies, University of Dresden

Thomas Fleiner, Professor emeritus for General Theory of the State and Swiss Constitutional and Administrative Law at the University of Fribourg

Hans-Peter Folz, Lecturer of Law, University of Augsburg

Francesco Francioni, Professor of International Law and Human Rights at the European University Institute, Florence, and at the Law Faculty of the University of Siena

Jochen A. Frowein, Director emeritus of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg

Giorgio Gaja, Professor of International Law at the University of Florence

Andrea Gattini, Professor of Public International Law, University of Padua

Rudolf H. Geiger, Professor (retired) of Public International Law, European Law and Foreign Public Law at the University of Leipzig

Vera Gowlland-Debbas, Professor of Public International Law at the Graduate Institute of International and Development Studies in Geneva and Honorary Professor at the University College London

Gerhard Hafner, Professor (retired) at the Department of European, International and Comparative Law, University of Vienna

Andreas Heinemann, Professor for International and European Economic Law of the University of Zurich.

Burkhard Hess, Professor of Civil Law and Law of Civil Procedure, Private International Law and International Civil Litigation at the University of Heidelberg

Dame Rosalyn Higgins, former Judge and President of the International Court of Justice, The Hague; previously Professor of International Law at the Universities of Kent and London

Meinhard Hilf, Professor emeritus at the Bucerius Law School, Hamburg

Peter Hilpold, Professor of International Law, European Law and Comparative Law at the University of Innsbruck

Carsten Hoppe clerked at the International Court of Justice, The Hague

Robert L. Howse, Lloyd C. Nelson Professor of International Law at the New York University

Marc Jacob, Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg

Maurice Kamto, Professor of International Law at the University of Yaounde II-Soa, Yaoundé

Christine Kaufmann, Professor of International Law at the University of Zurich

Hans-Peter Kaul, Judge and Second Vice-President of the International Criminal Court

Sir Kenneth Keith, Judge at the International Court of Justice, The Hague

Daniel-Erasmus Khan, Professor of International Law and European Community Law at the University of the Federal Armed Forces Munich

Benedict Kingsbury, Murry and Ida Becker Professor of Law and Director of the Institute for International Law and Justice at the New York University

Jan Klabbers, Professor of International Law at the University of Helsinki

Eckart Klein, Professor of German Public Law, Public International Law and European Law at the University of Potsdam

Martti Koskenniemi, Professor of International Law at the University of Helsinki

Friedrich Kratochwil, Professor of International Relations at the European University Institute in Florence

Horst G. Krenzler, former Director General for External Relations at the European Commission, Brussels; Honorary Professor at the University of Munich

Ursula Kriebaum, Associate Professor at the Department of European, International and Comparative Law of the University of Vienna

Oliver Landwehr, Référendaire at the EU General Court, Luxembourg

Christopher McCrudden, Professor of Human Rights Law at the University of Oxford

Andreas Th. Müller, Research Assistant at the University of Innsbruck

Guillermo R. Moncayo, Professor emeritus of International Law at the University of Buenos Aires

Martín Moncayo von Hase, lawyer, Buenos Aires

Wolfgang Münch, Inspector emeritus of the Joint Inspection Unit of the UN System

Hanspeter Neuhold, Professor of Public International Law and International Relations at the University of Vienna

Georg Nolte, Professor for German and Comparative Public Law, Public International Law and European Law at the Humboldt University Berlin

Mary Ellen O'Connell, Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution at the University of Notre Dame (Indiana)

Karin Oellers-Frahm, Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg

Hisashi Owada, Judge and President of the International Court of Justice, The Hague

Andreas Paulus, Judge at the (German) Federal Constitutional Court, Karlsruhe, and Professor of Public Law and International Law at the University of Göttingen

Anne Peters, Professor of International Law and Constitutional Law at the University of Basel

Riccardo Pisillo Mazzeschi. Professor of International Law and International Protection of Human Rights at the University of Siena

Dirk Pulkowski, Legal Counsel, Permanent Court of Arbitration, The Hague

Pemmaraju Sreenivasa Rao, Adjunct Professor at the Jawaharlal Nehru University (Center for International Law), New Delhi

Steven R. Ratner, Bruno Simma Collegiate Professor of Law at the University of Michigan Law School

August Reinisch, Professor of International Law and European Union Law at the University of Vienna

Eibe Riedel, Professor emeritus of International Law at the University of Mannheim

Tim René Salomon, Research Assistant at the Bucerius Law School, Hamburg

Peter H. Sand, Adjunct Professor of Law at the Duke University, Durham (NC)

Birgit Schmidt am Busch, Lecturer at the Humboldt University Berlin and the University of Munich

Sabine I. von Schorlemer, Saxon State Minister for Higher Education, Research and the Fine Arts; Professor of Public International Law, European Union Law and International Relations at the University of Dresden

Christoph Schreuer, Professor (retired) of International Law at the University of Vienna

Nicolaas Schrijver, Professor of International Law and Academic Director of the Grotius Centre for International Legal Studies at the Leiden University

Werner Schroeder, Professor of International and European Law at the University of Innsbruck, holds a Jean Monnet Chair

Theodor Schweisfurth, Professor (retired) of Public Law and International Law at the European University Viadrina Frankfurt (Oder)

Bernardo Sepúlveda-Amor, Judge at the International Court of Justice, The Hague

Malcolm N. Shaw, QC, Sir Robert Jennings Professor of International Law at the University of Leicester

Eric Stein, Hessel E. Yntema Professor of Law Emeritus at the University of Michigan Law School, Ann Arbor

Peter-Tobias Stoll, Professor of Law at the University of Göttingen, Institute for International and European Law, Department for International Economic and Environmental Law

Rudolf Streinz, Professor for German Public Law and European Law at the University of Munich

Christian J. Tams, Professor of International Law at the University of Glasgow

Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law at the New York University

Daniel Thürer, Professor and Director of the Institute of Public International Law and Comparative Constitutional Law at the University of Zurich

Christian Tomuschat, Professor emeritus of German Public Law, European Law and Public International Law at the Humboldt-University Berlin

Christoph Vedder, Professor of German Public Law, Public International Law and European Union Law, University of Augsburg

Joseph H. H. Weiler, Joseph Straus Professor of Law at the New York University

Friedl Weiss, Professor of European Community and EU law at the University of Vienna

Gerd Westdickenberg, Ambassador; former Legal Adviser of the German Federal Foreign Office

Rüdiger Wolfrum, Judge and former President of the International Tribunal for the Law of the Sea, Hamburg

Karl Zemanek, Professor emeritus of International Law and International Organization at the University of Vienna

Andreas Zimmermann, Professor of German Public Law, European and Public International Law at the University of Potsdam and Director of the Human Rights Center

Martin Zobl, Research Fellow at the Institute of Public International Law and Comparative Constitutional Law at the University of Zurich  

"Published by the good people of Oxford University Press, this magnificent tribute to Judge Simma is more than 1300 pages long. Its contributors include international law professors, judges, and practitioners. It has a useful index, something often omitted in works like this. It is carefully edited and beautifully presented...it is indeed a gem and a fitting tribute to an extraordinary man" - Mark Wojcik, International Law Prof Blog 2011

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