The common interest in international law
Author(s)
Bibliographic Information
The common interest in international law
（Law and cosmopolitan values, 5）
Intersentia, c2014
- : hbk
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Note
Other authors: Koen de Feyter, Matthias C. Kettemann, Christina Voigt
Includes bibliographical references
Description and Table of Contents
Description
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization and climate change. This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors. The areas covered range from human rights law, international environmental law and international security law to international economic law and international litigation. The editors' objective is to investigate whether and how international law which historically is state-centric and consensual can protect common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all state and non-state actors. The issue of collective interests is subject to numerous current discourses in international law.
This volume attempts to tie these together to a new - or renewed - understanding of 'common interest' reflective of contemporary challenges in international law. The concept of 'common interest' suggests that more is at stake in international law than the individual self-interests of states. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the "community", including all relevant actors. This book is essential reading for all scholars and practitioners of international law. It aims at stimulating and defining the topic of the protection of common interests by the international community across geographical as much as disciplinary boundaries.
Table of Contents
Editors' Preface Abbreviations Introduction (Wolfgang Benedek, Koen De Feyter, Matthias C. Kettemann and Christina Voigt) 1. 'Common Interest' in International Law 2. The Object, Purpose and Structure of the Book Chapter 1: Delineating the Common Interest in International Law (Christina Voigt) 1. Introduction 2. Evolution of the Common Interest in International Law 2.1. Common Interest in International Law as Expressed in "General Principles" 2.2. Common Interests Protected through International Law 3. From Common Interest to Common Concern 4. Legal Implications of Common Concerns 5. The Missing Link: Sustainable Development 6. Sustainable Development as the Common Interest in International Law Chapter 2: To what Extent Does International Law Obstruct the Protection of Common Interests? (Sten Schaumburg-Muller ) 1. Introduction 2. Theoretical Inspirations 3. Imperialism Lingers on in International Law 3.1. Vitoria's Trick 3.2. The Constant Trick 3.3. Does International Law Constitute an Obstacle to the Protection of Common Interests? 4. Non-Westphalia Still Lingers on 5. Conclusions and Perspectives Chapter 3: Differentiation between Developing and Developed Countries in International Law (Koen De Feyter) 1. Preliminary Observations 2. Differentiation Through Various Ways 2.1. Contextual Obligations 2.2. Grace Period 2.3. Implementation Aid 2.4. Conditional Obligations 2.5. Non-Uniform Obligations 3. Varieties of States 4. Justification 5. Forward-Looking Perspective Chapter 4: The Common Interest in International Litigation (Claire Buggenhoudt) 1. Introduction 2. The Emergence of Common Interests and the International Judiciary 3. Common Interests in Recent Case Law 3.1. Indication of Provisional Measures 3.1.1. ICJ 3.1.2. ITLOS 3.2. Standing 3.2.1. ICJ 3.2.2. WTO 3.2.3. ITLOS 3.3. Third Party Interventions 3.3.1. ICJ 3.3.2. WTO 3.3.3. ITLOS 3.4. Considerations on the Merits 3.4.1. ICJ 3.4.2. WTO 3.4.3. ITLOS 4. Conclusion Chapter 5: Collective Security, the Common Interest, and the Responsibility to Protect Doctrine (Vito Todeschini) 1. Introduction 2. The Common Interest and the UN Charter 3. The Responsibility to Protect Doctrine 4. The Common Interest and the Responsibility to Protect 5. Conclusion Chapter 6: Protecting the Community Interest in a State Centric Legal System: The UN Charter and Certain Norms of 'Special Standing' (Jure Vidmar) 1. Introduction 2. The International Community (of States) as a Whole 2.1. The International Community and Obligations Erga Omnes 2.2. The Community Interest and Ius Cogens 3. The Community Interest and the UN System 3.1. The UN Charter and the International Community Interest 3.2. The Community Interest and Chapter VII Powers 3.3. The Boundaries of Article 103 and the Community Interest 4. Conclusions Chapter 7: Human Rights and Climate Change: Extending the Extraterritorial Dimension via the Common Concern (Werner Scholtz) 1. Introduction: Human Rights and Climate Change 2. The Extraterritorial Dimension of Human Rights 3. Extension of Extraterritorial Human Rights via the Common Concern 4. Concluding Remarks Chapter 8: Shaping the Common Interest in Global Development: The World Bank and its Member States as Responsible Actors (Ana Sofia Barros) 1. Introduction 2. Constructing the Common Interest within the Framework of the World Bank 3. The Human Rights Responsibility of the World Bank as a Development Actor 3.1. Legal and Policy Framework 3.2. E stablishing Responsibility 4. The Human Rights Responsibility of Members in the Context of World Bank Operations 4.1. Legal Framework 4.2. E stablishing Responsibility 5. Conclusion Chapter 9: The Common Interest in the Protection of the Internet: An International Legal Perspective (Matthias C. Kettemann) 1. Introduction 2. What is the Internet? 3. What Needs to be Protected? 4. Protecting the Integrity of the Internet Lies in the Global Common Interest 5. Conclusions for International Internet Law and Internet Governance Chapter 10: Humanization of International Law, Human Rights and the Common Interest (Wolfgang Benedek) 1. Introduction 2. Humanization of International Law for the Benefit of the Individual 3. Implications for the Common Interest 4. Human Rights as a Common Interest 5. Conclusions Chapter 11: Political Activity, Extradition and the Common Interest (Henning Bang Fuglsang Madsen Sorensen) 1. Introduction 2. The Purpose of the Political Offence Clause 3. Scope of Protection 4. Two Alternatives to the Political Offence Clause 5. Asylum and Extradition 5.1. New Legislation Following WW II 5.2. Asylum Law and the Political Offence Clause 5.3. Extradition and Asylum in a European Context 5.4. Concluding Remarks Regarding Asylum Law and Extradition 6. The Right to a Fair Trial 7. Conclusion 8. How can the Protection of the Political Offender be Strengthened? Conclusions: The Common Interest in International Law - Perspectives for an Undervalued Concept (Wolfgang Benedek, Koen De Feyter, Matthias C. Kettemann, Christina Voigt) 1. Definition of Common Interest 2. The Search for the Common Interest in the Sources of Public International Law 3. Legal and Operational Implications Of A Common Interest Approach: Responsibilities and Remedies List of Cases Biographies
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