基本説明
How can the international community respond to states that fail to respect fundamental rules of internatinoal law?
Full Description
How can the international community respond to states that fail to respect fundamental rules of international law? Does a state that collapses into anarchy lose its sovereignty? Does the increasingly important role of non-state actors at the international level diminish the role of sovereign states in international law? Is it possible to design more speedy and effective decision-making procedures to deal with global problems?
Finding answers to these questions requires a reconsideration of what constitutes the core of present-day international law. State sovereignty has always been regarded as the backbone of international law but is its importance now diminishing? In order to shed some light on these issues, the editors have brought together a number of leading authorities and up-and-coming young scholars to reflect on these questions, and in particular on the question of the role of state sovereignty in present-day international law. Although the contributors have chosen quite different approaches to these issues, none of them regards the sovereignty of the State as something of the past. However they do conclude that sovereignty can no longer be defined independently of the basic needs and values of the international community as a whole. A new balance has to be found between the power of the sovereign State and the powers of the international community in creating a stable and just international order.
Contents
Introduction ; 1. Bridging the Gap between Sovereignty and International Governance: The Authority of Law ; PART I - CONCEPTUAL ISSUES ; 2. Sovereignty and the Law ; 3. The Transformation of Sovereignty and African Independence: No Shortcuts to Statehood ; 4. Sovereignty and Personality: A Process of Inclusion ; 5. Shared Sovereignty? ; 6. The Erosion of State Sovereignty: Towards a Post-Territorial World? ; 7. Different Aspects of Sovereignty ; PART II - PRACTICAL MANIFESTATIONS ; 8. A Role for the International Court of Justice in Crisis Management ; 9. Crimes of State: In Need of Legal Rules? ; 10. International Criminal Justice: Is It Needed in the Present World Community? ; 11. State Sovereignty versus International Concern in Some Recent Cases of the Inter-American Court of Human Rights ; 12. The Concept of Jurisdiction and Extra-Territorial Acts of State ; 13. Beyond Dili: On the Powers and Practice of International Organizations ; 14. Yugoslavia's Damaged Sovereignty over the Province of Kosovo ; 15. Preventing and Solving Wars of Secession: Recent Unorthodox Views on the Use of Force ; 16. New Players in International Relations ; 17. The Evolving Status of NGOs Under International Law: A Threat to the Inter-State System? ; 18. The Mechanism of Decision-Making under the Vienna Convention and the Montreal Protocol for the Protection of the Ozone Layer ; 19. The Concept of Sovereignty within Nuclear Energy Law ; 20. Sovereignty and Space: When and Where Shall the Twain Meet? ; 21. The Dynamics of Sovereignty and Jurisdiction in International Avaition Law ; 22. The Cotonou Agreement: A Case of Forced Regional Integration? ; PART III- CONCLUSION ; 23. Conclusion ; PART IV - ON PIETER KOOIJMANS ; 25. An Itinery of Light ; 26. Staying the Course: The Concept of Sovereignty in the Work of Pieter Kooijmans
