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 result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
Mahnoush H. Arsanjani, LL.M. and J.S.D., Yale Law School, is the former Director of the Codification Division of the United Nations Office of Legal Affairs. She also serves as a Member of the Board of Editors of the American Journal of International Law.
Jacob Katz Cogan, J.D. (1999), Yale Law School, M.A. (History), 1999, Ph.D. (History), 2002, Princeton, B.A., 1991, University of Pennsylvania, is Associate Professor of Law at the University of Cincinnati College of Law.
Robert D. Sloane, Diploma (2007), Hague Academy of International Law, J.D. (2000), Yale Law School, B.A. (1996), is Associate Professor of Law at Boston University School of Law. He teaches and has published in diverse fields of international law.
Siegfried Wiessner, LL.M. (1983), Yale, and Dr. iur. (1989), Tübingen, is Professor of Law and Director of the Graduate Program in Intercultural Human Rights at St. Thomas University School of Law. His major publications are in the fields of legal theory and human rights.
"Like the breadth of Professor Reisman's scholarship, this valuable collection has not compromised the depth that it offers. Readers seeking influential analyses of the not-so-easy to pigeonhole complexities of International Law will truly admire this insightful contribution to the letter and spirit of excellence in academic scholarship."
American Society of International Law, Issue 42 (2011)
For a full table of contents please check under the heading 'Extra' on this web page.
Acknowledgements; Introduction; W. Michael Reisman: Publications;
Part I W. Michael Reisman, The Person
Chapter 1 An Appreciation Rosalyn Higgins;
Chapter 2 Michael Reisman, Dean of the New Haven School of International Law Harold Hongju Koh;
Chapter 3 L’honneur des juristes Prosper Weil;
Chapter 4 Michael Reisman, Human Dignity, and the Law Siegfried Wiessner;
Part II Theory About Making and Applying Law
Chapter 5 Law as a Process of Communication: Reisman Meets Habermas Adeno Addis;
Chapter 6 The Uses and Abuses of Illusion in International Politics Mahnoush H. Arsanjani;
Chapter 7 Prelude to Decision: Michael Reisman, the Intelligence Function, and a Scholar’s Study of Intelligence in Law, Process, and Values James E. Baker;
Chapter 8 Prologue to a Theory of Non-Treaty Norms Daniel Bodansky;
Chapter 9 How Nongovernmental Actors Vitalize International Law Steve Charnovitz;
Chapter 10 Between Façades and Operational Codes: Michael Reisman’s Jurisprudence of Suspicion Menachem Mautner;
Chapter 11 Scholarship as Law Jan Paulsson;
Chapter 12 Between Minimum and Optimum World Public Order: An Ethical Path for the Future Steven R. Ratner;
Chapter 13 The Users of International Law Emmanuel Roucounas;
Chapter 14 Rethinking Choice of Law: What Role for the Needs of the Interstate and International Systems? Gary J. Simson;
Chapter 15 More Than What Courts Do: Jurisprudence, Decision, and Dignity—In Brief Encounters and Global Affairs Robert D. Sloane;
Chapter 16 Reconfiguration of Authority and Control of the International Financial Architecture Eisuke Suzuki;
Chapter 17 Remarks on Sovereignty in the Evolving Constitutional Features of the International Community Attila Tanzi;
Chapter 18 International Law as a Coherent System: Unity or Fragmentation? Christian Tomuschat;
Chapter 19 Entrenchment—Human and Divine: A Reflection on Deuteronomy 13:1-6 J.H.H. Weiler;
Chapter 20 Obligation of Result Versus Obligation of Conduct: Some Thoughts About the Implementation of International Obligations Rüdiger Wolfrum;
Part III Making and Applying Human Rights Law
Chapter 21 Secession or Independence—Self-Determination and Human Rights: A Japanese View of Three Basic Issues of International Law Concerning “Taiwan” Nisuke Ando;
Chapter 22 Reflections on the Torture Policy of the Bush Administration (2001–2008) M. Cherif Bassiouni;
Chapter 23 Waivers in International and European Human Rights Law Lucius Caflisch
Chapter 24 Reflections on the Current Prospects for International Criminal Justice Antonio Cassese;
Chapter 25 Human Rights and World Public Order: Major Trends of Development, 1980–2010 and Beyond Lung-chu Chen;
Chapter 26 U.N. Human Rights Council Fact-Finding Missions: Lessons from Gaza Christine Chinkin;
Chapter 27 Choice of Gender Identity in International Human Rights Law Aaron Xavier Fellmeth;
Chapter 28 The International Protection of Human Rights as an Element of World Order Jochen Abr. Frowein;
Chapter 29 Toward Minimum Standards for Regional Human Rights Systems Christof Heyns and Magnus Killander;
Chapter 30 Sabbatino, Sosa, and “Supernorms” Kenneth C. Randall and Chimene I. Keitner;
Chapter 31 Some Remarks about the Realistic Idealism of the European Court of Human Rights Luzius Wildhaber;
Part IV Making and Applying Investment and Trade Law
Chapter 32 Investments, Fair and Equitable Treatment, and the Principle of “Respect for the Integrity of the Law of the Host State”: Toward a Jurisprudence of “Modesty” in Investment Treaty Arbitration Guillermo Aguilar Alvarez and Santiago Montt;
Chapter 33 The Once and Future Foreign Investment Regime Jose E. Alvarez;
Chapter 34 The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law David D. Caron;
Chapter 35 State Succession and Commercial Obligations: Lessons from Kosovo Tai-Heng Cheng;
Chapter 36 Emergency Clauses in Investment Treaties: Four Versions Rudolf Dolzer;
Chapter 37 Deconstruction of Constitutional Limitations and the Tariff Regime of the Philippines: The Strange Persistence of a Martial Law Syndrome Florentino P. Feliciano;
Chapter 38 Softening Necessity Francisco Orrego Vicuna;
Chapter 39 Truth and Efficiency: The Arbitrator’s Predicament William W. Park;
Chapter 40 The Future of Investment Arbitration Christoph Schreuerv;
Chapter 41 The Domestic Decision-Making Process and Its Implications for International Commitments: American Beef in Korea Hi-Taek Shin;
Chapter 42 Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration Albert Jan van den Berg;
Chapter 43 China’s Practice in International Investment Law: From Participation to Leadership in the World Economy Guiguo Wang;
Part V Making and Applying Law for the Resources of the Planet
Chapter 44 On Rocks and Maritime Delimitation Bernard H. Oxman;
Chapter 45 The Future of International Water Law: Regional Approaches to Shared Watercourses? Salman M.A. Salman;
Part VI Making and Applying Law to the Use of Force
Chapter 46 The Law on Asymmetric Warfare Eyal Benvenisti;
Chapter 47 Precautionary Self-Defense and the Future of Preemption in International Law Elli Louka;
Chapter 48 Le programme nucléaire de l’Iran et le régime de non-prolifération nucléaire Djamchid Momtaz;
Chapter 49 U.N. Realities Nicholas Rostow;
Part VII Making and Applying Law by International Tribunals
Chapter 50 The Principle of Competence de la Competence in International Adjudication and Its Role in an Era of Multiplication of Courts and Tribunals Laurence Boisson de Chazournes;
Chapter 51 Shaping the Future of International Law: The Role of the World Court in Law-Making Alain Pellet;
Chapter 52 Gorbachev Embraces Compulsory Jurisdiction Stephen M. Schwebel;
Contributors and Editors.
All those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.