Towards an International Law of Co-Progressiveness

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Martinus Nijhoff Publishers, 2004 - 308 pages
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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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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
Index
301
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