This volume offers an overview of several emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time. While the focus lies on leading principles, these are analysed within a broader context and through various different thematic lenses. Consequently, the chapters at the heart of this book contain comprehensive surveys of a number of specialised topics and particular sub-domains. The result is an original series of reflections, painting a chequered picture of pivotal changes and longitudinal shifts in the global legal community.
Evolving Principles of International Law marks the occasion of the retirement of Karel Wellens as the Chair of International Law at Radboud University Nijmegen, The Netherlands, and has contributions by André Nollkaemper, Malcolm Shaw, Rein Müllerson and many others.
Eva Rieter, Ph.D. (2010) in Law, Maastricht University, is Lecturer in Public International Law at Radboud University Nijmegen, The Netherlands. She is also a member of the Committee on International Human Rights Law of the International Law Association, and has published, among others,
Preventing Irreparable Harm – Provisional Measures in International Human Rights Adjudication (Intersentia, 2010).
Henri de Waele, Ph.D. (2009) in Law, Radboud University Nijmegen, is Senior Lecturer in European Law at Radboud University Nijmegen, The Netherlands, and currently also serves as Guest Professor of European Institutional Law at the University of Antwerp, Belgium. He has published, among others,
Layered Global Player – Legal Dynamics of EU External Relations (Springer, 2011).
Table of contents
Foreword from the General Editor of the Series
Biography of Karel Wellens
Bibliography of Karel Wellens
List of Contributors
1 Introduction: Evolving Principles of International Law – The Quest for Demarcation
Henri de Waele and Eva Rieter
PART I - THE EVOLUTION OF INTERNATIONAL ORGANISATIONS AND INTERNATIONAL GOVERNANCE
2 The Relationship between International Organisations and their Member States – Who Pays the Check?
Frans A. Nelissen 3 The Extinction of States
Mariano J. Aznar-Gómez 4 The Principle of Approximate Treaty Application
Eric Myjer 5 Mr Kadi and Mrs Prost: Is the UN Ombudsperson Going to Find Herself between a Rock and a Hard Place?
Laurence Boisson de Chazournes and Pieter Jan Kuijper 6 Certain Other Perspectives for a Reform of the United Nations Security Council
PART II - CONVERGING AND DIVERGING NORMATIVE TRENDS IN THE INTERNATIONAL COMMUNITY
7 Integrating the Fragmented International Public Order: A Theoretical Perspective
Teruo Komori 8 The Right to Peace as an Emerging Solidarity Right
Theo van Boven 9 The Evolution of
Liberté, Égalité and
Fraternité in the International Community
Rein Müllerson 10 The Sovereigns are Dead, Long Live the Sovereigns – Refl ections on State Sovereignty and International Law
André de Hoogh
PART III - SHIFTING PATTERNS IN INTERNATIONAL DISPUTE SETTLEMENT
11 Issues of Shared Responsibility before the International Court of Justice
André Nollkaemper 12 Boundary Treaties and their Interpretation
Malcolm N. Shaw QC 13 The Ambit and Limits of the Advisory Function of the International Court of Justice
Photini Pazartzis 14 L’avis de la Cour internationale de Justice concernant la déclaration unilatérale d’indépendance relative au Kosovo: une nouvelle fl eur de Lotus?
Pierre Michel Eisemann 15 Conclusion: Evolving International Law – Connecting Underlying Trends and Principles
Eva Rieter and Henri de Waele
Scholars of international law of various different backgrounds, including academics, independent scholars, judges, clerks and lawyers working at international courts or (non-)governmental organisations.