Fr. 300.00

State, Sovereignty, and International Governance

English · Hardback

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Klappentext 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. Zusammenfassung How can the international community respond to states that fail to respect fundamental rules of international law? The contributors to this volume suggest that although sovereign states will remain the most important actors, global governance will lead to restrictions on the exercise of sovereignty. Inhaltsverzeichnis Introduction 1: Marcel Brus: Bridging the Gap between Sovereignty and International Governance: The Authority of Law Part I - Conceptual Issues 2: Sir Robert Jennings: Sovereignty and the Law 3: Gerard Kreijen: The Transformation of Sovereignty and African Independence: No Shortcuts to Statehood 4: Janneke Nijman: Sovereignty and Personality: A Process of Inclusion 5: Wolf Mannens: Shared Sovereignty? 6: Alfred von Staden and Hans Vollaard: The Erosion of State Sovereignty: Towards a Post-Territorial World? 7: Henry Schermers: Different Aspects of Sovereignty Part II - Practical Manifestations 8: Shabtai Rosenne: A Role for the International Court of Justice in Crisis Management 9: Adriaan Bos: Crimes of State: In Need of Legal Rules? 10: Antonio Cassese: International Criminal Justice: Is It Needed in the Present World Community? 11: Frits Kalshoven: State Sovereignty versus International Concern in Some Recent Cases of the Inter-American Court of Human Rights 12: Rick Lawson: The Concept of Jurisdiction and Extra-Territorial Acts of State 13: Niels Blokker: Beyond Dili: On the Powers and Practice of International Organizations 14: Christian Tomuschat: Yugoslavia's Damaged Sovereignty over the Province of Kosovo 15: Jorri Duursma: Preventing and Solving Wars of Secession: Recent Unorthodox Views on the Use of Force 16: Eric Suy: New Players in International Relations 17: Menno Kamminga: The Evolving Status of NGOs Under International Law: A Threat to the Inter-State System? 18: Johan Lammers: The Mechanism of Decision-Making under the Vienna Convention and the Montreal Protocol for the Protection of the Ozone Layer 19: Nathalie Horbach and Pieter Bekker: The Concept of Sovereignty within Nuclear Energy Law 20: Fans von der Bunk: Sovereignty and Space: When and Where Shall the Twain Meet? 21: Pablo Mendes de Leon: The Dynamics of Sovereignty and Jurisdiction in International Avaition Law 22: Elisabeth de Vos: The Cotonou Agreement: A Case of Forced Regional Integration? Part III- Conclusion 23: Don Greig: Conclusion Part IV - On Pieter K...

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