Looking to the Future

Table of Contents

Acknowledgements

Introduction

W. Michael Reisman Publications

Part I W. Michael Reisman, The Person

Chapter 1

An Appreciation

Chapter 2

Michael Reisman, Dean of the New Haven School of International Law

Chapter 3

L’honneur des juristes

Chapter 4

Michael Reisman, Human Dignity ,and the Law

Part II Theory About Making and Applying Law

Chapter 5

Law as a Process of Communication: Reisman Meets Habermas

Chapter 6

The Uses and Abuses of Illusion in International Politics

Chapter 7

Prelude to Decision: Michael Reisman, the Intelligence Function, and a Scholar’s Study of Intelligence in Law, Process, and Values

Chapter 8

Prologue to a Theory of Non-Treaty Norms

Chapter 9

How Nongovernmental Actors Vitalize International Law

Chapter 10

Between Façades and Operational Codes: Michael Reisman’s Jurisprudence of Suspicion

Chapter 11

Scholarship as Law

Chapter 12

Between Minimum and Optimum World Public Order: An Ethical Path for the Future

Chapter 13

The Users of International Law

Chapter 14

Rethinking Choice of Law: What Role for the Needs of the Interstate and International Systems?

Chapter 15

More Than What Courts Do: Jurisprudence, Decision, and Dignity—In Brief Encounters and Global Affairs

Chapter 16

Reconfiguration of Authority and Control of the International Financial Architecture

Chapter 17

Remarks on Sovereignty in the Evolving Constitutional Features of the International Community

Chapter 18

International Law as a Coherent System: Unity or Fragmentation?

Chapter 19

Entrenchment—Human and Divine: A Reflection on Deuteronomy 13:1-6

Chapter 20

Obligation of Result Versus Obligation of Conduct: Some Thoughts About the Implementation of International Obligations

Part III Making and Applying Human Rights Law

Chapter 21

Secession or Independence—Self-Determination and Human Rights: A Japanese View of Three Basic Issues of International Law Concerning “Taiwan”

Chapter 22

Refl ections on the Torture Policy of the Bush Administration (2001–2008)

Chapter 23

Waivers in International and European Human Rights Law

Chapter 24

Reflections on the Current Prospects for International Criminal Justice

Chapter 25

Human Rights and World Public Order: Major Trends of Development, 1980–2010 and Beyond

Chapter 26

U.N. Human Rights Council Fact-Finding Missions: Lessons from Gaza

Chapter 27

Choice of Gender Identity in International Human Rights Law

Chapter 28

The International Protection of Human Rights as an Element of World Order

Chapter 29

Toward Minimum Standards for Regional Human Rights Systems

Chapter 30

Sabbatino, Sosa, and “Supernorms”

Chapter 31

Some Remarks about the Realistic Idealism of the European Court of Human Rights

Part IV Making and Applying Investment and Trade Law

Chapter 32

Investments, Fair and Equitable Treatment, and the Principle of “Respect for the Integrity of the Law of the Host State”: Toward a Jurisprudence of “Modesty” in Investment Treaty Arbitration

Chapter 33

The Once and Future Foreign Investment Regime

Chapter 34

The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law

Chapter 35

State Succession and Commercial Obligations: Lessons from Kosovo

Chapter 36

Emergency Clauses in Investment Treaties: Four Versions

Chapter 37

Deconstruction of Constitutional Limitations and the Tariff Regime of the Philippines: The Strange Persistence of a Martial Law Syndrome

Chapter 38

Softening Necessity

Chapter 39

Truth and Effi ciency: The Arbitrator’s Predicament

Chapter 40

The Future of Investment Arbitration

Chapter 41

The Domestic Decision-Making Process and Its Implications for International Commitments: American Beef in Korea

Chapter 42

Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration

Chapter 43

China’s Practice in International Investment Law: From Participation to Leadership in the World Economy

Part V Making and Applying Law for the Resources of the Planet

Chapter 44

On Rocks and Maritime Delimitation

Chapter 45

The Future of International Water Law: Regional Approaches to Shared Watercourses?

Part VI Making and Applying Law to the Use of Force

Chapter 46

The Law on Asymmetric Warfare

Chapter 47

Precautionary Self-Defense and the Future of Preemption in International Law

Chapter 48

Le programme nucléaire de l’Iran et le régime de non-prolifération nucléaire

Chapter 49

U.N. Realities

Part VII Making and Applying Law by International Tribunals

Chapter 50

The Principle of Compétence de la Compétence in International Adjudication and Its Role in an Era of Multiplication of Courts and Tribunals

Chapter 51

Shaping the Future of International Law: The Role of the World Court in Law-Making

Chapter 52

Gorbachev Embraces Compulsory Jurisdiction

Contributors and Editors