ISBN:
9789067049153
Language:
English
Pages:
Online-Ressource (XIV, 266 p, digital)
Series Statement:
Netherlands Yearbook of International Law 43
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Druckausg. Legal equality and the international rule of law
Keywords:
Law
;
Law
;
Law
;
Festschrift
;
Internationales Recht
;
Gleichheit
Abstract:
The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this Volume on ‘Legal Equality and the International Rule of Law’, the Netherlands Yearbook of International Law aims to celebrate Pieter Kooijmans’ academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states, and addressing it almost fifty years later in the context of the contemporary debate on the international rule of law. It is indeed a conception - an ideal, even - that permeates Kooijmans’ work and career. This Volume of the Yearbook studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, it examines the principle’s current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity. It is moreover treated in relation to both Vattellian and Cosmopolitan traditions of international legal thought
Description / Table of Contents:
Preface; Pieter Hendrik Kooijmans (1933-2013); Speech by Rosalyn Higgins-20 February 2013; Contents; Part ILegal Equality and the InternationalRule of LawEssays in honourof Pieter H. Kooymans; 1 Legal Equality and the International Rule of Law; Abstract; 1.1…Introduction; 1.2…Kooijmans' 1964 Book; 1.3…Relevance and Impact of the Notion of Sovereign Equality; 1.4…Sovereign Equality and International Organization; 1.5…Sovereign Equality and Equality Between Individuals; 1.6…Sovereign Equality and World Community; 1.7…Conclusion; References; 2 Sovereign Equality and Non-Liberal Regimes; Abstract
Description / Table of Contents:
2.1…Introduction2.2…Sovereign Equality's Three Legal Presumptions; 2.3…The Expansion of Jus Cogens and the Diminution of Pluralism; 2.4…The Expansion of Direct Effect and the Disparagement of the Sovereign Decision; 2.5…The Erosion of the Non-Intervention Norm and the Crisis of Sovereign Equality; 2.6…Concluding Remarks: Whither Sovereign Equality?; References; 3 From Freedom and Equality to Domination and Subordination: Feminist and Anti-Colonialist Critiques of the Vattelian Heritage; Abstract; 3.1…Introduction; 3.2…Vattel, from Conscience to Commitment to Coercion
Description / Table of Contents:
3.3…The Law of Nations of the Enlightenment as a Frame for the Free Markets of Nations3.4…From Mandeville, Through Smith, to de Sade: The Way to the Perverse City; 3.5…An Illustration of a Sadean Contract from a Hyper-Best Selling Woman's Novel; 3.6…Feminist Approach to the Master-Slave Relation, Also in the Light of Fifty Shades of Grey; 3.7…China and Britain in the 19th Century: The Continuing Ghosts of Unequal Treaties; 3.8…Conclusion: Contemporary Western Reflections on Unequal Treaties: And Speculations About the Public Mood in China; References; 4 Great Powers and Outlaw States Redux
Description / Table of Contents:
Abstract4.1…Sovereign Equalities; 4.2…Hegemony; 4.3…Constraining Hegemony; 4.4…Promoting Hegemony; References; 5 Is Sovereign Equality Obsolete? Understanding Twenty-First Century International Organizations; Abstract; 5.1…Introduction; 5.2…Contextualizing Legal Equality's Core Concerns; 5.3…International Organizations as Law-Makers; 5.3.1 The Security Council; 5.3.2 International Regulation, Standard-Setting, and Administration; 5.3.3 Interactions Among International Organizations; 5.4…Looking Ahead: Sovereign Equality and Twenty-First Century International Organizations; 5.5…Conclusion
Description / Table of Contents:
References6 Equality of States and Immunity from Suit: A Complex Relationship; Abstract; 6.1…Introduction; 6.2…Restrictive Immunity; 6.3…Territorial Torts; 6.4…Current Problems; 6.4.1 Crimes by a Foreign State, or Agent of the State, in the Territory of the Forum; 6.4.2 Crimes Under International Law on the Territory of the Forum; 6.4.3 The Claim that Immunity Removes Other Substantive Rights; 6.5…Immunity from Jurisdiction and Perpetration of International Crimes; 6.6…Where are Immunity Issues Decided?; 6.7…A Different 'Primary Rule' or 'Grundnorm'?; 6.8…Conclusion; References
Description / Table of Contents:
7 Legal Equality on Trial: Sovereigns and Individuals Before the International Criminal Court
Note:
Description based upon print version of record
DOI:
10.1007/978-90-6704-915-3
URL:
Volltext
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