The Achievements of International Law : Essays in Honour of Robin Churchill

"The aim of this collection of essays in Robin Churchill's honour to discuss the key examples of the achievements of international law - with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills. The book is divided into four distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights Law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system"-- Provided by publisher Foreword • David Anderson 6 Acknowledgements 10 Contents 12 List of Contributors 14 Introduction 16 Part I: General International Law 22 1. Less is More: Rules and Principles in International Law-Making • Vaughan Lowe 24 2. An Amodernist Approach to International Law: The Law of the Seain the Amarna Letters • Erdem Denk 36 3. The Sources of Public International Law Historically Considered • Dino Kritsiotis 64 Part II: Human Rights Law 98 4. The United Nations and Human Rights: Reform through Review? • Malcolm Evans 100 5. United Nations Human Rights Treaty Bodies: Universality and National Implementation • Geir Ulfstein 138 6. International Parental Child Abduction and the Need for Alternative Regimes? • Urfan Khaliq 160 Part III: The Law of the Sea and Fisheries 188 7. Coastal State Jurisdiction in Ice-Covered Areas: The Impacts of Climate Change and the Polar Code • Tore Henriksen 190 8. The Responsibility and Liability of Flag States in the Context of Fisheries • Daniel Owen 224 9. Compulsory Inter-State Adjudication in the Anthropocene: Achieving the Paradoxical? • Duncan French 244 Part IV: International Environmental Law 272 10. The Challenge of Effective Compliance and Enforcement with International Environmental Law • Catherine Redgwell 274 11. Where’s the Catch? Shifting Stocks, International Fisheries Management and the Climate Change Conundrum • Richard Caddell 298 Part V: International Criminal Cooperation 330 12. The Influence of Jus Cogens on International Crimes: Have they made any Difference? • Robert Cryer 332 13. The Achievements and Limits of Global Counter-terrorism Cooperation • Jacques Hartmann 362 Index 384 The aim of this collection of essays in Robin Churchill's honour is to discuss some key examples of the achievements of international law – with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the World in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills. The book is divided into five distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system.