Towards an International Law of Co-ProgressivenessMartinus Nijhoff Publishers, 2004 - 308 pages 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. |
Contents
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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accompanying text accused acts adopted appears apply argued argument Article attack Berkovitz Bosnia and Herzegovina Charter committed concept conduct consent Constitution context crime against humanity customary international law decision declaration defense deGuzman discretion discretionary function exception discussed duress Elements of Crimes Erdemovic 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 jurisdiction Justice language League of Nations limit mandatory laws opinio juris ordinary war crime paragraph peace plead guilty policy element principles procedure prohibitory and mandatory proposed amendment proposing organ ratification reason relating requirement Rome Statute rule of law Security Council Sentencing Judgement Sienho Yee sovereign immunity specific intent supra note tort treaties in force Trial Chamber Tribunal United Nations violation Wang Tieya Yugoslavia