International Law

The Pursuit of a Brave New World in International Law: Essays in Honour of John Dugard

Edited by Tiyanjana Maluwa · Max du Plessis · Dire Tladi
Brill Nijhoff January 2017

Specifications

ISBN-13
9789004326187
Publisher
Brill Nijhoff
Publication
January 2017
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work.

Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.

Table of Contents

Preface and Acknowledgements
Notes on Contributors
Part 1
Portrait
1.
Dugardian Legal Theory, David Dyzenhaus
Part 2
Environment, Human Rights and International Law
2.
Casting Fresh Light on the Supreme Right: The African Commission’s General Comment No.
3 on the Right to Life, Christof Heyns and Thomas Probert
3.
Human Rights in the Work of the International Law Commission, Arnold Pronto
4.
Pursuing a Brave New World for the Oceans: The Place of Common Heritage in a Proposed Law of the Sea Treaty, Dire Tladi
5.
Climate Change and the Rule of Law: Adjudicating the Future in International Law Philippe Sands
6.
The International Law Commission’s Articles on Diplomatic Protection Revisited, James Crawford
7.
Immunities and Consent to Jurisdiction in International Law, Annemarieke Vermeer-Künzli
Part 3
Law-Making in International Law
8.
The Development of International Law by National Courts, Christopher Greenwood
9.
The Status of Municipal Law before the World Court in the Light of Recent Cases Maurice Kamto
10.
The Individualization of Enforcement in International Law Exploring the Interplay between United Nations Targeted Sanctions and International Criminal Proceedings, Larissa van den Herik
11.
South Africa in Africa: Assessing South Africa’s Participation in Organization of African Unity and African Union Treaties, Tiyanjana Maluwa
12.
Unconstitutional Change of Government and the Public Law of Africa: Outlawing Coups d’État in Africa, Abdulqawi A. Yusuf
13.
State Succession in Relation to Treaties: Looking Back and Looking Forward, Ivan Shearer
Part 4
Peace, Security and International Criminal Justice
14.
United Nations Security Council Resolution 1373 (2001) as a Tool for Criminal Law Enforcement, Trevor P. Chimimba
15.
Counter-Terrorism Sanctions and Human Rights Hennie Strydom
16.
The Omar Al-Bashir Case: Exploring Efforts to Resolve the Tension between the African Union and the International Criminal Court, Max du Plessis
17.
International Criminal Law and the Middle East, William Schabas
18.
Fighting Apartheid on a Second Front: Dugard’s Work on the Occupied Palestinian Territories, Mia Swart
19.
Global Trends towards the Simplification of Extradition Procedures from the Substantive to the Procedural without a Universal Framework of Reference, Neil Boister
Appendix: Christopher John Robert Dugard (b.
1936)
Index
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