Towards an International Law of Co-Progressiveness

Capa
Martinus Nijhoff Publishers, 2004 - 308 páginas
Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates. This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.

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Índice

Customary International Law Is Greatly Exaggerated
27
4
100
Court of Justice
107
7
115
105
138
Milestone for the International Criminal Tribunal
165
9
171
10
196
11
219
12
232
When in America Do the Romans
247
14
254
The Concept of Human Rights in Asia
289
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