International Law

Contemporary Issues and Future Developments


Edited by Sanford R. Silverburg, EDITOR

First Edition • March 1, 2011 • 656 pages


Print ISBN: 9780813344713 • $65.00 USD$59.99 CAN

Ebook ISBN: 9780813345239 • $39.99 USD$45.99 CAN

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Featuring original contributions from well-established scholars and emerging stars in law and politics, this cutting-edge reader provides students with a succinct overview of the key issues facing international law today. The authors range from political science and law school instructors to professional researchers and lawyers in private practice, and they offer diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. Topics include R2P (Responsibility to Protect) and universal jurisdiction, nonterritorial subjects of international law, international political economics (IPE), the International Court of Justice (ICJ), international humanitarian law (IHL), the environment, political violence and terrorism, and post-colonialism. A concluding section on international political interaction covers a wide range of issues that link international politics to international law. Offering the most inclusive and contemporary body of material available, International Law: Contemporary Issues and Future Developments is an essential resource for courses on politics and international law.


Sanford R. Silverburg is professor of political science at Catawba College. His publications include Palestine and International Law: Essays on Politics and Economics and U.S. Foreign Relations with the Middle East and North Africa (with Bernard Reich).

Introduction
Sanford R. Silverburg

PART ONE. NORMS OF INTERNATIONAL LAW
1. Prosecuting Crimes Against Humanity: The Revolution in International Criminal Law
Dave Benjamin

2. The Responsibility to Protect and the North-South Divide
Ramesh Thakur

3. Responsibility to Protect: New Perspectives to an Old Dilemma
Giulherme Dias

4. Universal Jurisdiction as an International ‘False Conflict’ of Laws
Anthony Colangelo

PART TWO. NON-TERRITORIALISM
5. Non-State Actors, International Law and Human Rights
Elena Pariotti

PART THREE. ECONOMIC INSTRUMENTS
6. Disparate Notions of Fairness: Comparative Insider Trading Regulation in an Evolving Global Landscape
Joan Heminway

7. China’s First Loss
Raj Bhala

8. Corporations and International Law
Emeka Duruigbo

PART FOUR. COURTS
9. Reaching Beyond the States: Judicial Independence, the Inter-American Court of Human Rights and Accountability in Guatemala
Jeffrey Davis and Edward H. Warner

10. The Upsurge in International Courts After the Establishment of the ICJ
Igor Borba

PART FIVE. INTERNATIONAL HUMANITARIAN LAW
11. Modern International Humanitarian Law
Stefan Kirchner

12. Peace Unkempt: How Ambiguities in Public International Law and International Humanitarian Law Contributed to the Failed U.N. Intervention in Somalia
Bjorn Sorenson

PART SIX. THE ENVIRONMENT
AIR LAW
13. Space Settlements, Property Rights, and International Law: Could a Lunar Settlement Claim the Lunar Real Estate it Needs to Survive?
Alan Wasser and Douglas Jobes

14. A Contemporary Review of the Air Space and Outer Space Regimes: The Thin Lines Between Law, Policy and Emergent Challenges
Jackson Maogoto and Steven Freeland

MARITIME LAW
15. The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What Is Going On in the Adriatic Sea?
Davor Vidas

16. Power Politics or Orderly Development? Why are States “Claiming” Large Areas of the Arctic Sea-Bed?
Timo Koivurova

17. Law of the Sea and Human Rights
Sophie Cacciaguidi-Fahy

PART SEVEN. FORCE QUA TERRORISM
18. Moral Knowledge’s Potential for Reducing the Restraint of Law: The Risk of Moral Education
Catherine Lotrionte

19. Babysitting Terrorists: Should States Be Strictly Liable for Failing to Prevent Transborder Attacks?
Vincent-Joël Proulx

20. Force Qua Terrorism—International Law in the Wake of 9/11
Anna Oehmichen

21. Exceptional Engagement: Protocol I and a World United Against Terrorism
Michael A. Newton

PART EIGHT. POST-COLONIALISM
22. Terrorism as Postcolonialism
Thomas R. O’Connor

23. The Flawed Foundations of Post-Colonial State Borders: Uti-Possidetis and Self-Determination
Andrew A. Rosen

24. Colonised Madness, Colonisers’ Modernity and International Law: Mythological Materialism in the East-West Telos
Prabhakar Singh

25. The Postcoloniality of International Law
Sundhya Pahuja

PART NINE. INTERNATIONAL POLITICAL INTERACTION
26. The Evolution of Core Legal Principles
Jeffrey Morton

27. International Law and Politics
Larry Taulbee

28. Law Versus Justice in International Negotiations: The Israeli-Palestinian Conflict-Resolution (Management) Process
Sanford R. Silverburg

This compendium contains the richest substantive contribution to the study of international law published within the last two decades. Its 29 chapters are authoritatively documented, cogently written and compellingly argued. Silverburg has done a superb job of selecting the contributors, organizing the chapters, and editing the contents. It is highly recommended for both undergraduate and graduate courses in international law.

—Christopher C. Joyner

Professor of Government and International law

Georgetown University

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