Towards an International Law of Co-ProgressivenessCentered 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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Contents
Towards an International Law of Coprogressiveness | 1 |
The News that Opinio Juris Is Not a Necessary Element of Customary International Law Is Greatly Exaggerated | 27 |
The Perfect Rule of Law | 41 |
The Interpretation of Treaties in Force in Article 352 of the Statute of the International Court of Justice | 59 |
Forum Prorogatum Returns to the International Court of Justice | 85 |
The International Court of Justice Law and Expediency | 101 |
A Proposal to Reformulate Article 23 of the ILC Draft Statue for an International Criminal Court | 105 |
The Erdemovic Sentencing Judgment A Questionable Milestone for the International Criminal Tribunal for the Former Yugoslavia | 115 |
The Definition of Crimes against Humanity in the Rome Statute of the International Criminal Court Endorsing and Furthering or Merely Having Kno... | 163 |
The Time Limit for the Ratification of Proposed Amendments to the Constitutions of International Organizations | 193 |
The Potential Impact of the Possible US Responses to the 911 Atrocities on the Law regarding the Use of Force and Selfdefence | 219 |
An International Experiment in National Constitutionmaking The New Constitution of Bosnia Herzegovina | 227 |
The Discretionary Function Exception Under the Foreign Sovereign Immunities Act When in America Do the Romans Do as the Romans Wish? | 247 |
The Concept of Human Rights in Asia | 289 |
301 | |
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accompanying text accused acts adopted appears apply argued argument Article attack Bosnia and Herzegovina Charter committed concept conduct consent Constitution context crime against humanity criminal law customary international law decision declaration defense deGuzman discretion discretionary function exception discussed drafters duress Erdemovic Erdemovic’s existence federal agents foreign officials forum prorogatum FSIA FTCA genocide guilty plea H.L.A. Hart human rights Ibid ICJ Reports ICTY ICTY Statute ILC Draft International Court International Criminal Court International Law Commission international organizations interpretation issue language League of Nations limit mandatory laws opinio opiniojuris ordinary war crime paragraph peace phrase treaties plead guilty policy element principles procedure prohibitory and mandatory proposed amendment proposing organ question ratification reason relating requirement Rome Statute rule of law Security Council SentencingJudgement Sienho Yee sovereign immunity specific intent supra note tort treaties in force Trial Chamber Tribunal United Nations violation Wang Tieya Yugoslavia