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L'etre situe: Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryauichi Ida

L'etre situe: Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryauichi Ida

Author: Shotara Hamamoto; Hironobu Sakai; Akiho Shibata
Publisher: Brill Nijhoff
ISBN: 9789004268883
Published In: June 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory.

The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations.

Contents

Preface Vii

Acknowledgements X

List of Figures and Tables XII

List of Contributors XIII

Part 1 - "L' etre situe" : Deconstruction of Universality

L'Etat situe dans le droit international de l'investissement 3 Shotaro Hamamoto

" L'Etat situe" in the Context of the Accession of Developing Countries to the wto 23 Tomonori Mizushima

The Functional Approach in le droit international de developpement: A Theoretical Appraisal 37 Zhian Wang

Emerging Economies and International Economic Law: A Case Study on Thailand 63 Sakda Thanitcul

Universal Jurisdiction in a Context: From Dialectic to Dialogue 89 Mari Takeuchi

Part 2 - Effectiveness: Formality of Law and Amorphous Reality

Running Many ftas is Like Balancing between Many Bicycles: A Multidimensional Comparison of Institutional Provisions in Japan's ftas 115 Tomohiko Kobayashi

Provisional Measures in Investor-State Dispute Settlement: Reappearance of Community of Investment Interests? 144 Dai Tamada

New Relationship between the United Nations and Regional Organizations in Peace Security: A Case of the African Union 165 Hironobu Sakai

Part 3 - Law-Making: International Law Catching Up with the Globalizing Community

International and Domestic Laws in Collaboration: An Effective Means of Environmental Liability Regime-Making 193 Akiho Shibata

10.

New Perspectives on Soft Law: Towards More Effective Regime Governance 214 Tatsuya Abe

11.

The Defence of Necessity as Customary International Law: The Fisheries Jurisdiction Case (Spain v. Canada) Re-examined 238 Takuhei Yamada

12.

Catching Up with Society - What, How, and Why: The Regulation of the un Security Council's Targeted Sanctions 255

Machiko Kanetake Bibliography of Professor Ryuichi Ida (with abbreviations used in this book) 285

Index 296

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