What’s Wrong with International Law?: Liber Amicorum A.H.A. Soons

Copyright

Contents

International Law as We Know It

List of Abbreviations

List of Contributors

PART 1: Introductory Observations

1: Introduction: “What’s Wrong with International Law?”

2: Fred Soons: A Pragmatic Trust in International Law

3: An Appreciation of Fred Soons

PART 2: What’s Wrong with International Law? Specialised Areas

SECTION A: Law of the Sea

4: Some Reflections on What’s Wrong with the Law of the Sea

5: Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel against Piracy. Re-Emphasizing the Primary Role and Obligations of Flag States

6: A Sketch of the Concept of Ocean Governance and Its Relationship with the Law of the Sea

7: Is There Something Wrong with the Increasing Role of Private Actors? The Case of the Offshore Energy Sector

8: Limitation of Liability for Maritime Claims and Politics: Curse or Cure?

SECTION B: Dispute Settlement

9: Bad Law and a Hard Case? The Impact of the Wall Advisory Opinion of the ICJ

10: International Human Rights Implementation: Strengthen Existing Mechanisms, Establish a World Court for Human Rights, or Both?

11: Prohibitions on Dissenting Opinions in International Arbitration

12: Transnational Human Rights Litigation against Multinational Corporations Post-Kiobel

13: What is Wrong with International Standards on Social Protection?

14: Corporate Social Responsibility: A New Framework for International Standard Setting?

SECTION C: International Environmental Law

15: Caught Napping by (Sea) Wolves: International Wildlife Law and Unforeseen Circumstances Involving the Killer Whale (Orcinus orca) and the Gray Wolf (Canis lupus)

16: What is Wrong with International Environmental Law?

SECTION D: Law of Treaties

17: A Critical Look at the Law of Treaties: Giving Recognition to Informal Means of Treaty Adaptation

18: Absolute Validity, Absolute Immunity: Is There Something Wrong with Article 103 of the UN Charter?

19: Aspects of the Law of Treaties

SECTION E: Miscellaneous

20: Good Governance: A Principle of International Law

21: The Right to Peace: A Mischievous Declaration

22: Self-Determination and Regional Human Rights Bodies: The Case of Southern Cameroons and the African Commission on Human and Peoples’ Rights

23: What’s Wrong with the Relationship between the International Court of Justice and the Security Council?

PART 3: What’s Wrong with International Law as a Regulatory System?

24: What’s Wrong with International Law?

25: The Under-Appreciated Role of Curial Settlement in International Law Norm-Making: Using Transnational Law and Diffusion Studies to Re-Assess the Status of Prior Decisions

26: How and to Whom Do We Explain International Law?

27: Fragmentation in International Law and Governance: Understanding the Sum of the Parts

28: Whither Territoriality? The European Union’s Use of Territoriality to Set Norms with Universal Effects

29: Revealing the Publicness of International Law

30: What’s Wrong with International Lawyers?

Index