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 by David Anderson Acknowledgements Contents List of Contributors Introduction PART I. GENERAL INTERNATIONAL LAW 1. Less is More: Rules and Principles in International Law-Making I. Introduction II. The Two Styles of Law-Making III. The Detailed Rule-Based Approach IV. The General Principle-Based Approach V. Subsequent Practice and the Elaboration of General Principles VI. Conclusion 2. An Amodernist Approach to International Law: The Law of the Sea in the Amarna Letters I. Introduction: Modern Approaches to International Law II. An Amodernist Approach to International Law III. A Brief Amodernist Account of the History of International Law IV. The First Law of the Sea: The Amarna Letters V. Conclusions 3. The Sources of Public International Law Historically Considered I. Introduction II. Before Article 38(1) of the 1945 Statute of the International Court of Justice III. The Necessity of Natural Law IV. Thinking through the Contents and Relevance of the Martens Clause V. Treaties, Custom and Paquette Habana (1900) VI. Multilateral Treaties: On Codification and Progressive Development VII. On the North Sea Continental Shelf Cases (1969) VIII. Final Reflections PART II. HUMAN RIGHTS LAW 4. The United Nations and Human Rights: Reform through Review? I. Introduction II. The Treaty Body Crisis III. Addressing the Crisis: The 'Treaty-Strengthening Process' IV. Strengthening the Treaties: Resolution 68/268 V. The Road to the 2020 Review VI. Conclusion: Reform by Review VII. Postscript 5. United Nations Human Rights Treaty Bodies: Universality and National Implementation I. Introduction II. Deference by the ECtHR III. Deference by Other International Courts IV. Deference by Human Rights Treaty Bodies V. Conclusions 6. International Parental Child Abduction and the Need for Alternative Regimes? I. Introduction II. Parental Child Abduction and International Law III. Muslim Family Law States and theHague Conference System IV. Mapping a Route Forward: Rival Regimes? V. Conclusions PART III. THE LAW OF THE SEA AND FISHERIES 7. Coastal State Jurisdiction in Ice-Covered Areas: The Impacts of Climate Change and the Polar Code I. Introduction II. Factual and Legal Developments: Climate Change and the Polar Code III. The Criteria for Extended Environmental Jurisdiction under Article 234 IV. Climate Change and Article 234 V. The Polar Code and Article 234 VI. Conclusions 8. The Responsibility and Liability of Flag States in the Context of Fisheries I. Introduction II. IUU Fishing III. The Role of the Flag State IV. The Response to Failures by Flag States V. The ITLOS Advisory Opinion in Case No 21 VI. Applying the ITLOS Advisory Opinion to Litigation VII. The Philippines–China Case VIII. Conclusion 9. Compulsory Inter-State Adjudication in the Anthropocene: Achieving the Paradoxical? I. Introduction II. The Anthropocene, International Law and Inter-State Adjudication III. Consensual Jurisdiction: Consistency in Principle, Diversity in Practice IV. 'Compulsory Jurisdiction': Meanings, Misunderstandings and False Utopias V. Beyond Dispute Resolution: Towards a Lex Anthropocenae? PART IV. INTERNATIONAL ENVIRONMENTAL LAW 10. The Challenge of Effective Compliance and Enforcement with International Environmental Law I. Introduction II. The Declining State of the Global Environment III. Breach of International Environmental Obligations and State Responsibility:Leaving Nature Behind? IV. Compliance Review in Nature Conservation Treaties V. Conclusion 11. Where’s the Catch? Shifting Stocks, International Fisheries Management and the Climate Change Conundrum I. Introduction II. Shifting Fish Stocks and the Limits of Current Legal Frameworks III. Shifting Stocks and the Pre-emptive Management of Fisheries Resources IV. RFMOs and Climate Change V. Participatory Challenges and Contested Mobile Resources VI. Conclusions PART V. INTERNATIONAL CRIMINAL COOPERATION 12. The Influence of Jus Cogens on International Crimes: Have they made any Difference? I. Introduction II. Jus Cogens and International Crimes: The Concepts and their Links III. The Consequences of a Violation of a Jus Cogens Norm: General and Particular, the ILC View and Beyond IV. Jus Cogens and International Crimes: The Case Law V. Conclusions 13. The Achievements and Limits of Global Counter-terrorism Cooperation I. Introduction II. The Origins of Transnational Criminal Law Enforcement III. Global Counter-terrorism Cooperation before 2001 IV. Global Counter-terrorism Cooperation after 2001 V. Conclusion Index 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. The aim of this collection of essays in Robin Churchill’s honour is to discuss 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 collection will provide a contrast to the popular misconceptions about international law by offering examples of both its successes and limitations as a system.