'L’être Situé', Effectiveness and Purposes of International Law : Essays in Honour of Professor Ryuichi Ida

The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context - an Etat situé - and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire's perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada. “L’être situé”, Effectiveness and Purposes of International Law: Essays in Honour of Professor Ryuichi Ida Copyright Contents Préface Acknowledgements List of Figures and Tables List of Contributors PART 1: “L’ être situé” : Deconstruction of Universality 1: L’État situé dans le droit international de l’investissement 2: “ L’État situé” in the Context of the Accession of Developing Countries to the WTO 3: The Functional Approach in le droit international de développement: A Theoretical Appraisal 4: Emerging Economies and International Economic Law: A Case Study on Thailand 5: Universal Jurisdiction in a Context: From Dialectic to Dialogue PART 2: Effectiveness: Formality of Law and Amorphous Reality 6: Running Many FTAS is Like Balancing between Many Bicycles: A Multidimensional Comparison of Institutional Provisions in Japan’s FTAS 7: Provisional Measures in Investor-State Dispute Settlement: Reappearance of Community of Investment Interests? 8: New Relationship between the United Nations and Regional Organizations in Peace and Security: A Case of the African Union PART 3: Law-Making: International Law Catching Up with the Globalizing Community 9: International and Domestic Laws in Collaboration: An Effective Means of Environmental Liability Regime-Making 10: New Perspectives on Soft Law: Towards More Effective Regime Governance 11: The Defence of Necessity as Customary International Law: The Fisheries Jurisdiction Case (Spain v. Canada) Re-examined 12: Catching Up with Society – What, How, and Why: The Regulation of the un Security Council’s Targeted Sanctions Bibliography of Professor Ryuichi Ida (with abbreviations used in this book) Index L'etat situe dans le droit international de l'investissement / Shotaro Hamamoto "L'etat situe" in the context of the accession of developing countries to the WTO / Tomonori Mizushima The functional approach in le droit international de developpement : a theoretical appraisal / Zhian Wang Emerging economies and international economic law : a case study on Thailand / Sakda Thanitcul Universal jurisdiction in a context : from dialectic to dialogue / Mari Takeuchi Running many FTAs is like balancing between many bicycles : a multidimensional comparison of institutional provisions in Japan's FTAs / Tomohiko kobayashi Provisional measures in investor-state dispute settlement : reappearance of community of investment interests? / Dai Tamada New relationship between the United Nations regional organizations in peace security : a case of the African Union / Hironobu Sakai International and domestic laws in collaboration : an effective means of environmental liability regime-making / Akiho Shibata New perspectives on soft law : towards more effective regime governance / Tatsuya Abe The defence of necessity as customary international law : the fisheries jurisdiction case (Spain v. Canada) re-examined / Takuhei Yamada Catching up with society-what, how, and why : the regulation of the UN Security Council's targeted sanctions / Machika Kanetake. The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an 'êtat situé' – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, covering a variety of fields of international law with particular emphasis upon the context, effectiveness and purposes of international law