Netherlands Yearbook of International Law 2013: Crisis and International Law: Decoy or Catalyst? (Netherlands Yearbook of International Law, 44)

The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing ‘international law acquis’? This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things? 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. 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.0The theme of the articles in the present Volume is ‘Crisis and International Law; Decoy or Catalyst’? The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing ‘international law acquis’? This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things? 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. The theme of the articles in the present Volume is 'Crisis and International Law; Decoy or Catalyst'? The combination of the words 'international law' and 'crisis' is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term 'crisis' is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing 'international law acquis'? This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things? Front Matter....Pages i-x Front Matter....Pages 1-1 Crises: Concern and Fuel for International Law and International Lawyers....Pages 3-18 The Crisis and the Quotidian in International Human Rights Law....Pages 19-39 The Crisis of International Human Rights Law in the Global Market Economy....Pages 41-64 International Refugees and Irregular Migrants: Caught in the Mundane Shadow of Crisis....Pages 65-88 Saving Humanity from Hell: International Criminal Law and Permanent Crisis....Pages 89-109 Warming to Crisis: The Climate Change Law of Unintended Opportunity....Pages 111-138 Between Crisis and Complacency: Seeking Commitment in International Environmental Law....Pages 139-159 The WTO and the Doha Negotiation in Crisis?....Pages 161-185 The EU in Crisis: Crisis Discourse as a Technique of Government....Pages 187-202 Front Matter....Pages 203-203 The Thin Line Between Deference and Indifference: The Supreme Court of The Netherlands and the Iranian Sanctions Case....Pages 205-219 Back Matter....Pages 221-237