The Protection of General Interests in Contemporary International Law: A Theoretical and Empirical Inquiry isn:9780192846501

This book is aimed at analysing the notions of global public goods, global commons, and fundamental values as conceptual tools geared towards the protection of the general interests of the international community. After having provided the readers with a general overview of the abovementioned concepts, the book examines how international law has responded to what qualifies as global public goods, global commons, and fundamental values in a wide range of fields. Moreover, the work also investigates how global governance has improved (or worsened) this response. Authors have discussed which general interests have or have not been deemed to deserve the protection of international law in one or more of the categories under scrutiny, and why; they have also explored the legal foundation of such interests in international law. In addition, they have focused on whether and how it is appropriate that international law intervenes to regulate such interests, taking into account the interplay between the multiple actors of international law, ranging from states, international and regional organizations, and non-state actors. They have further explored how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what main challenges still need to be addressed. Looking at international law through the prism of global public goods, global commons, and fundamental values has also implied an in-depth examination of different substantive regimes, such as, e.g. those regulating human rights, the protection of the environment, and international economic law. Contents Table_of_Cases Table_of_Treaties List_of_Contributors The_Protection_of_General_Interests_in_Contemporary_International_LawSome_Introductory_Remarks The_Global_Commons_and_Common_Interests_Is_there_Common_Ground International_Fundamental_Values_and_Obligations_Erga_Omnes Commons_Global_Economic_Governance_and_Democracy_Which_Way_Forward_for_International_Law A_Global_Public_Good_An_Empirical_Perspective_on_International_Investment_Law_and_Arbitration Can_Multilevel_Trade_Governance_Protect_Global_Public_Goods_without_Constitutional_Restraints Water_as_an_Impure_Global_Public_Good_and_the_Impact_of_Procedural_Rights_on_its_Protection Protecting_the_Atmosphere_as_a_Global_Common_GoodChallenges_and_Constraints_in_Contemporary_International_Law The_Cyberspace_and_the_Common_Heritage_of_Mankind The_International_Criminal_Law_Aspects_of_the_Protection_of_Global_Commons_The_Case_of_Cultural_Heritage Enhancing_ICJ_Procedures_in_Order_to_Promote_Fundamental_ValuesOvercoming_the_Prevailing_Tension_between_Bilateralism_and_Community_Interests Community_Interests_in_World_Trade_Law Cultural_Heritage_as_Common_Concern_Role_of_International_Organizations_and_States A_New_Law_of_Cooperation_Collective_Action_across_Regimes_for_the_Promotion_of_Public_Goods_and_Values_versus_Fragmentation The_UN_Sustainable_Development_Goals_and_the_Governance_of_Global_Public_GoodsThe_Quest_for_Legitimacy Fences_Fiction_and_the_Magic_MountainResponsibilitysharing_for_Refugees_in_Europe Disasters_An_Additional_Legal_Dimension_for_the_International_Protection_of_Cultural_Heritage Index This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed. -- Provided by publisher This title explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.