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What's Wrong with International Law? Liber Amicorum A.H.A. Soons

What's Wrong with International Law? Liber Amicorum A.H.A. Soons

Author: Cedric Ryngaert; Erik J. Molenaar; Sarah M.H Nouwen
Publisher: Brill Nijhoff
ISBN: 9789004259089
Published In: June 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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'What's wrong with international law?'

This is the question Professor A.H.A. Soons provocatively posed to his colleagues around the world when leaving his chair in public international law at Utrecht University. Meant to provoke discussion about what actually is wrong with international law as well as act in defence of the discipline, his conclusion was a resounding 'nothing!'

Honouring Professor Soons's achievements throughout his long career as a scholar and a practitioner of international law, this Liber Amicorum exmaines whether, indeed, there is something wrong with international law. The contributors identify gaps or 'wrong norms' in specific fields of international law, and assess whether there is something wrong with the regulatory function of international law as a system for creating global public order.

International Law as We Know It

Patricia Jimenez Kwast

Part I: Introductory Observations

1. Introduction by Cedric Ryngaert, Erik J. Molenaar, Sarah M.H. Nouwen

2. Fred Soons: A Pragmatic Trust in International Law by André Nollkaemper

3. An Appreciation of Fred Soons by John Gamble

Part II: What's Wrong with International Law - Specialised Areas

Section A: Law of the Sea

4. Some Reflections on What's Wrong with the Law of the Sea by Rosemary Rayfuse

5. Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel Against Piracy: Re- emphasizing the Primary Role and Obligations of Flag States by

Jessica N.M. Schechinger

6. A Sketch of the Concept of Ocean Governance and its Relationship with the Law of the Sea by Yoshinobu Takei

7. Is There Something Wrong with the Increasing Role of Private Actors? by Seline Trevisanut

Limitation of Liability for Maritime Claims and Politics: Curse or Cure? by Vivian van der Kuil

Section B: Dispute Settlement

9. Bad Law and a Hard Case? The Impact of the Wall Advisory Opinion by Matthijs de Blois

10. International Human Rights Implementation: Strengthen Existing Mechanisms, Establish a World Court for Human Rights, or Both? by Jenny E. Goldschmidt

11. Prohibitions on Dissenting Opinions in International Arbitration by Patricia Jimenez Kwast

12. Transnational Human Rights Litigation against Multinational Corporations post-Kiobel by Menno T. Kamminga

13. What is Wrong with International Standards on Social Protection? by Frans Pennings

14. Corporate Social Responsibility: A New Framework for International Standard Setting by Teun Jaspers

Section C: International Environmental Law

15. Caught Napping by (Sea) Wolves: International Wilflife Law and Unforeseen Circumstances Involving the Killer Whale (Orcinus orca) and the Gray Wolf (Canis lupus) by Arie Trouwborst

16. What is Wrong with International Environmental Law? by Johan G. Lammers

Section D: Law of Treaties

17. A Critical Look at the Law of Treaties: Giving Recognition to Informal Means of Treaty Adaptation by Irina Buga

18. Absolute Validity, Absolute Immunity: Is There Something Wrong With Article 103 of the UN Charter? by Guide den Dekker

19. Aspects ofthe Law of Treaties by Kenneth J. Keith

Section E: Miscellaneous

20. Good Governance: A Principle of International Law by Henk Addink

21. The Right to Peace: A Mischevious Declaration by Peter van Kriekan

22. Self-determination and Regional Human Rights Bodies: The Case of Southern Cameroons and the African Commission for Human and Peoples' Rights by Brianne McGonigle Leyh

23. What's Wrong with the Relationship between the International Court of Justice and the Security Council?

Otto Spijkers

Part III: What's Wrong with International Law as a Regulatory System?

24. What's Wrong with International Law? by M.C.W. Pinto

25. The Under-appreciated Role of Curial Settlement in International Law Norm-making: Using Transnational Law and Diffusion Studies to Re-Assess the Status of Prior Decisions by Pieter Bekker and Thomas Innes

26. How and to Whom Do We Explain International Law? by John Gamble

27.Fragmentation in International Law and Governance: Understanding the Sum of the Parts by Charlotte Ku

28. Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects by Cedric Ryngaert

29. Revealing the Publicness of International Law by Ramses A. Wessel

30. What is Wrong with International Lawyers? by John Dugard;