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Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford

Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford

Author: Christine Chinkin; Freya Baetens
Publisher: Cambridge University Press
ISBN: 9781107044258
Published In: January 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

An Australian in England Philippe Sands

James Crawford: the earlier years Ivan Shearer

Part I. Sovereignty:

1. The war against cliche: dispatches from the international legal front Susan Marks and Karen Knop

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 Young

5. The legitimacy of investment treaties: between exit, voice and James Crawford's quest for a more democratic international law Lluis Paradell-Trius

6. Polar territorial and maritime sovereignty in the twenty-first century Don 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 Tom Musgrave

13. Recognition of the State of Palestine: still too much too soon? Yael Ronen

14. The role of the Uti Possidetis Principle in the Resolution of Maritime Boundary Disputes Suzanne Lalonde

15. A 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 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.

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