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The Protection of General Interests in Contemporary International Law: A Theoretical and Empirical Inquiry

The Protection of General Interests in Contemporary International Law: A Theoretical and Empirical Inquiry

Author: Massimo Iovane; Fulvio M. Palombino; Daniele Amoroso; Giovanni Zarra
Publisher: Oxford University Press
ISBN: 9780192846501
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors.

The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.

A. Introduction

1: The Protection of General Interests in Contemporary International Law: Some Introductory Remarks

Massimo Iovane, Fulvio M. Palombino, Daniele Amoroso, and Giovanni Zarra

B. General Notions

2: Common Areas, Global Commons, and Common Concern

Nilufer Oral

3: Fundamental Values and International Law

Massimo Iovane and Pierfrancesco Rossi

4: Commons, Democracy, and Global (Economic) Governance: Exploring a Triangular Relationship

Samuel Cogolati and Jan Wouters

C. Global Public Goods

5: A Global Public Good? An Empirical Perspective on International Investment Law and Arbitration

Daniel Behn, Ole K. Fauchald, and Malcolm Langford

6: Can Public Goods be Protected When 'the Sovereign Sleeps'? Why Does the EU Fail to Protect Fundamental Rights in Transatlantic Free Trade Agreements?

Ernst-Ulrich Petersmann

7: Water as an Impure Global Public Good and the Impact of Procedural Rights on its Protection

Fulvia Staiano

D. Global Commons

8: Protecting the Atmosphere as a Global Common: Challenges and Constraints in Contemporary International Law

Christine Bakker

9: The Cyberspace as Common Heritage of Mankind

Antonio Segura Serrano

10: The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage

Francesca Capone

E. Fundamental Values

11: Enhancing ICJ Procedures in Order to Promote Fundamental Values: Overcoming the Prevailing Tension Between Bilateralism and Community Interests

Paula Almeida

12: Community Interests in World Trade Law

Christian Tietje and Andrzej Lang

13: Cultural Heritage and Common Heritage, The Changing Role of States and International Organisations Ana Filipa Vrdoljak

F. Global Governance

14: A New Law of Cooperation: Collective Action, International Organizations, and Fragmentation

Peter Tobias Stoll

15: The UN Sustainable Development Goals and the Governance of Global Public Goods: The Quest for Legitimacy

Winfried Huck

16: Fences, Fiction, and the Magic Mountain: Responsibility-sharing for Refugees in Europe

Dana Schmalz

17: Disasters: An Additional (Legal) Dimension for the Protection of Cultural and Natural Heritage

Giulio Bartolini

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