International Law: Contemporary Issues and Future Developments

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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.
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Editorial Reviews

From the Publisher

"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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Product Details

  • ISBN-13: 9780813344713
  • Publisher: Westview Press
  • Publication date: 3/22/2011
  • Edition description: New Edition
  • Pages: 656
  • Sales rank: 845,867
  • Product dimensions: 7.00 (w) x 9.90 (h) x 1.50 (d)

Meet the Author

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).
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Table of Contents

Preface xi

About the Authors xiii

1 Introduction Sanford R. Silverburg 1

Part 1 International Law Foundations 11

Section A Norms of International Law

2 Prosecuting Crimes Against Humanity: The Revolution in International Criminal Law Dave O. Benjamin 13

Section B R2P: Responsibility to Protect

3 The Responsibility to Protect and the North-South Divide Ramesh Thakur 32

4 Responsibility to Protect: New Perspectives to an Old Dilemma Giulherme M. Dias 48

Section C Universal Jurisdiction

5 Universal Jurisdiction as an International "False Conflict" of Laws Anthony J. Colangelo 63

Part 2 Non-Territorialism 93

6 Non-State Actors, International Law, and Human Rights Elena Pariotti 95

Part 3 Economic Instruments 109

7 Disparate Notions of Fairness: Comparative Insider Trading Regulation in an Evolving Global Landscape Joan Macleod Heminway 111

8 China's First Loss Raj Bhala 143

9 Corporations and International Law Emeka Duruigbo 173

Part 4 Courts 193

10 Reaching Beyond the State: Judicial Independence, the Inter-American Court of Human Rights, and Accountability in Guatemala Jeffrey Davis Edward H. Warner 195

11 The Upsurge in International Courts After the Establishment of the ICJ Igor Borba 216

Part 5 International Humanitarian Law 229

12 Modern International Humanitarian Law Stefan Kirchner 231

13 Peace Unkempt: How Ambiguities in Public International Law and International Humanitarian Law Contributed to the Failed U.N. Intervention in Somalia Bjorn C. Sorenson 257

Part 6 The Environment 273

Section A Air Law

14 Space Settlements, Property Rights, and International Law: Could a Lunar Settlement Claim the Lunar Real Estate It Needs to Survive? Alan Wasser Douglas Jobes 275

15 A Contemporary Review of the Air Space and Outer Space Regimes: The Thin Lines Between Law, Policy, and Emergent Challenges Jackson Nyamuya Maogoto Steven Freeland 300

Section B Maritime Law

16 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 318

17 Power Politics or Orderly Development? Why Are States "Claiming" Large Areas of the Arctic Seabed? Timo Koivurova 362

18 The Law of the Sea and Human Rights Sophie Cacciaguidi-Fahy 376

Part 7 Force Qua Terrorism 391

19 Moral Knowledge's Potential for Reducing the Restraint of Law: The Risk of Moral Education Catherine Lotrionte 393

20 Babysitting Terrorists: Should States Be Strictly Liable for Failing to Prevent Transborder Attacks? Vincent-Joël Proulx 406

21 Force Qua Terrorism: International Law in the Wake of 9/11 Anna Oehmichen 448

22 Exceptional Engagement: Protocol I and a World United Against Terrorism Michael A. Newton 460

Part 8 Postcolonialism 503

23 Terrorism as Postcolonialism Thomas R. O'Connor 505

24 The Flawed Foundations of Post-Colonial State Borders: Uti Possidetis Juris and Self-Determination Andrew A. Rosen 513

25 Modernity and International Law: Mythological Materialism in the East-West Telos Prabhakar Singh 532

26 The Postcoloniality of International Law Sundhya Pahuja 553

Part 9 International Political Interaction 561

27 The Evolution of Core Legal Principles Jeffrey S. Morton 563

28 International Law and Politics James Larry Taulbee 573

29 Law Versus Justice in International Negotiations: The Israeli-Palestinian Conflict-Resolution (Management) Process Sanford R. Silverburg 591

Selected Bibliography 611

Reprint Permissions 631

Index 633

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