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Looking to the Future
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
The Quest for World Order and Human Dignity in the Twenty-first Century
International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.
Systems of Control in International Adjudication and Arbitration
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down. Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; ...
Regulating Covert Action
Covert activity has always been a significant element of international politics. This book attempts to assess the lawfulness of covert action under US and international law and faces the implications for democratic states that covert operations pose.
International Incidents
What law "counts" in international politics? Does any? How are effective international norms established? This provocative book introduces a new way of looking at these questions. It shows that many international standards of acceptable conduct derive far less from adjudications, statutes, or treaties and far more from what is found to be acceptable in the conflicts that we today call international incidents. The contributors demonstrate how law that counts has been developed, modified, and terminated in a variety of dramatic international incidents: the Cosmos 954 satellite accident, the downing of Korean Air Lines Flight 007, the Harrods bombing, the Argentine invasion of the Falklands/Las...
The Future of the International Legal Order, Volume 3
The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Mich...
The Reasons Requirement in International Investment Arbitration
This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or a oereverse engineera the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.
The Theory and Practice of International Criminal Law
Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni...
International Environmental Law
This book analyzes the law and policy for the management of global common resources. As competing demands on the global commons are increasing, the protection of environment and the pursuit of growth give rise to all sorts of conflicts. It also analyzes issues in the protection of the global commons from a fairness, effectiveness and world order perspective. The author examines whether policymaking and trends point to a fair allocation of global common resources that is effective in protecting the environment and the pursuit of sustainable development. The author looks at the cost-effectiveness of international environmental law and applies theories of national environmental law to international environmental problems. Chapters include analysis on areas such as marine pollution, air pollution, fisheries management, transboundary water resources, biodiversity, hazardous and radioactive waste management, state responsibility and liability.
