The Quest for World Order and Human Dignity in the Twenty-first Century : Constitutive Process and Individual Commitment

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Table Of Contents

Preface

Chapter I. Breaking out of alice’s looking-glass : an introduction

Chapter II. what is international law attached to?

A. dimensions of the international process

1. The demographic dimension of the world community

2. The ethno-cultural dimension of the world community

3. The historical dimension of the world community

4. The economic, environmental and resource dimension of the world community

5. The war system dimension of the world community

6. The scientific and technological dimension of the world community

7. The dimension of interdependence of the world community

8. The “sovereign” State dimension of the world community

Chapter III. Some propositions and conditioning factors

A. The organized and unorganized character of international processes

B. Symbols of authority

C. Commitments to support arrangements

D. Interest and common interest

E. The volatility of international law

1. Diversity

2. The dialectical character of law

3. Judicial anachronism

4. Intellectual revisionism

5. Incomplete knowledge at the time of judgment

6. The dynamism of a science and technologically based civilization

F. Law’s myth systems and operational codes

G. Power

Chapter IV. the world constitutive process and its decision functions

A. Unorganized and non-hierarchical constitutive structures

B. Ineffective constitutive structures

C. Effective but limited constitutive structures

D. Effective constitutive structures

E. The succession of constitutive processes in international law

Chapter V. the international lawmaking function

A. Prescribing as a process of communication

B. Soft law

C. Democratization of international lawmaking

Chapter VI. two modes of principled decision-making

A. Multiple modes of decision-making

B. The textual-rule-based mode

C. The policy-context-based mode

D. Mapping

Chapter VII. the international law-applying function

A. The scope of international application

B. The promotion function

C. Differing scopes of authority

D. Are there constitutional limits?

E. Consent as a prerequisite for application

F. Appliers as prescribers

G. National judges

H. International arbitrators

Chapter VIII. Participation arrangements for States : the transformation of self-determination and the emergence of the individual

A. The process of consociation and the demand for self-determination

B. International membership criteria : from membership by power to membership by right

C. The ironic role of uti possidetis

D. Recognition

Chapter IX. Sovereignty and human rights : changing the internal arrangements of States by external means

A. Human rights and regime change

B. Governments-in-exile

Chapter X. the actors theory has ignored

A. Intergovernmental organizations

B. Transnational corporations or MNCs

C. Non-governmental organizations

D. Terrorists and terrorist groups

E. Gangs

F. The constellation of members of the international legal system in the future : interdependencies and hybridizations

Chapter XI. Human rights and individualism : regulating national control and providing international Protection

A. The globalization of diaspora and its international legal implications

1. The globalization of corporate nationals

2. Nationality goals for the twenty-first century

B. International regulation of the competence to ascribe nationality

C. The international regulation of withdrawal or termination of nationality

D. Nationality as the basis for protection in external arenas

E. The function of the exhaustion rule

F. The calvo clause and the exhaustion rule

G. The prescription and application of international human rights protections

1. The individual as the centre of international human rights law

2. Modern human rights applications

3. Human rights protections in the twenty-first century

Chapter XII. contingencies for the use of force : myth system and operational code

A. Proactive jus ad bellum

1. Decolonization wars

2. Wars of national liberation

3. Assistance in internal wars

4. Humanitarian intervention

5. Protection of nationals abroad

6. Military exercises as a form of threat

7. Reprisals

8. Spheres of influence

9. Regime change

10. Just war as a jus ad bellum

B. Reactive jus ad bellum: self-defence

Chapter XIII. the use and abuse of force : jus in bello

A. The modes of force

B. The reason for compliance

C. The “MNPD” principles

D. Absolute and relative prohibitions of the jus in bello

E. The decay of absolute prohibitions

Chapter XIV. the penumbra of professionalism : the citizenship role of the international lawyer

A. Clarifying the common interest : general principles of content and procedure

1. The principle of minimum order

2. The principle of the avoidance of surplus violence

3. The principle of enhancing life opportunities : development

4. The principle of contextual integration

5. The principle of economy

6. The principle of second best solutions

7. The principle of environmental conservation

8. The principle of sustainable development

9. The principle of cultivation of rationality

10. The principle of valid legal process

Chapter XV. International law as a profession : dilemmas of identity and commitment

A. The Shawcross dilemma

B. The international lawyer’s dilemma

C. Bureaucracy and responsibility

D. The complexity of international professional responsibility

E. Some inspiring examples

F. Alternative futures

About the author

Biographical note

Principal publications