'What's wrong with international law?'
This is the question Professor A.H.A. Soons provocatively posed to his colleagues around the world when leaving his chair in public international law at Utrecht University. Meant to provoke discussion about what actually is wrong with international law as well as act in defence of the discipline, his conclusion was a resounding 'nothing!'
Honouring Professor Soons's achievements throughout his long career as a scholar and a practitioner of international law, this Liber Amicorum exmaines whether, indeed, there is something wrong with international law. The contributors identify gaps or 'wrong norms' in specific fields of international law, and assess whether there is something wrong with the regulatory function of international law as a system for creating global public order.
Cedric Ryngaert, Ph.D. (Leuven, 2007) is Chair of Public International Law at Utrecht University and has published widely on various questions of international law. His most recent book is Jurisdiction in International Law (OUP 2015, 2nd ed.).
Erik J. Molenaar, Ph.D. (Utrecht, 1998) is Deputy Director, Netherlands Institute for the Law of the Sea, Utrecht University and Professor, K.G. Jebsen Centre for the Law of the Sea, University of Tromsø. His research focuses mainly on marine pullution, fisheries and the polar regions.
Sarah M.H. Nouwen, Ph.D. (Cambridge, 2010) is Lecturer in Law and Deputy Director of the Lauterpacht Centre for International Law, University of Cambridge, and fellow of Pembroke College. She is the author of Complementarity in the Line of Fire (CUP, 2013).
Henk Addink, Pieter Bekker, Matthijs de Blois, Irina Buga, Guido den Dekker, John Dugard, John Gamble, Jenny E. Goldschmidt, Thomas Innes, Teun Gaspers, Vivian van der Kuil, Patricia Jimenez Kwast, Kenneth J. Keith, Peter van Krieken, Charlotte Ku, Johan G. Lammers, Brianne McGonigle Leyh, André Nollkaemper, Frans Pennings, M.C.W. Pinto, Rosemary Rayfuse, Jessica N.M. Schechinger, Otto Spijkers, Yoshinobu Takei, Seline Trevisanut, Arie Trouwborst, Ramses A. Wessel
"[The contributors] have presented a book that is an essential reading for any academic and practitioner working in the field of IL. It offers such a wealth of original insight and of proposals for re-interpretation and change that it is far more useful for the daily work of international law than many of the self-declared ‘handbooks’, ‘research handbooks’ or ‘guides’ on IL." - Peter Hilpold, The University of Innsbruck
International Law as We Know It
Patricia Jimenez Kwast
Part I: Introductory Observations
Cedric Ryngaert, Erik J. Molenaar, Sarah M.H. Nouwen 2 Fred Soons: A Pragmatic Trust in International Law
André Nollkaemper 3 An Appreciation of Fred Soons
Part II: What's Wrong with International Law - Specialised Areas
Section A: Law of the Sea
4 Some Reflections on What's Wrong with the Law of the Sea
Rosemary Rayfuse 5 Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel Against Piracy: Re- emphasizing the Primary Role and Obligations of Flag States
Jessica N.M. Schechinger 6 A Sketch of the Concept of Ocean Governance and its Relationship with the Law of the Sea
Yoshinobu Takei 7 Is There Something Wrong with the Increasing Role of Private Actors?
Seline Trevisanut 8 Limitation of Liability for Maritime Claims and Politics: Curse or Cure?
Vivian van der Kuil
Section B: Dispute Settlement
9 Bad Law and a Hard Case? The Impact of the Wall Advisory Opinion
Matthijs de Blois 10 International Human Rights Implementation: Strengthen Existing Mechanisms, Establish a World Court for Human Rights, or Both?
Jenny E. Goldschmidt 11 Prohibitions on Dissenting Opinions in International Arbitration
Patricia Jimenez Kwast 12 Transnational Human Rights Litigation against Multinational Corporations post-Kiobel Menno T. Kamminga 13 What is Wrong with International Standards on Social Protection?
Frans Pennings 14 Corporate Social Responsibility: A New Framework for International Standard Setting
Section C: International Environmental Law
15 Caught Napping by (Sea) Wolves: International Wilflife Law and Unforeseen Circumstances Involving the Killer Whale (Orcinus orca) and the Gray Wolf (Canis lupus)
16 What is Wrong with International Environmental Law?
Johan G. Lammers
Section D: Law of Treaties
17 A Critical Look at the Law of Treaties: Giving Recognition to Informal Means of Treaty Adaptation
Irina Buga 18 Absolute Validity, Absolute Immunity: Is There Something Wrong With Article 103 of the UN Charter?
Guide den Dekker 19 Aspects ofthe Law of Treaties
Kenneth J. Keith
Section E: Miscellaneous
20 Good Governance: A Principle of International Law
Henk Addink 21 The Right to Peace: A Mischevious Declaration
Peter van Kriekan 22 Self-determination and Regional Human Rights Bodies: The Case of Southern Cameroons and the African Commission for Human and Peoples' Rights
Brianne McGonigle Leyh 23 What's Wrong with the Relationship between the International Court of Justice and the Security Council?
Part III: What's Wrong with International Law as a Regulatory System?
24 What's Wrong with International Law?
M.C.W. Pinto 25 The Under-appreciated Role of Curial Settlement in International Law Norm-making: Using Transnational Law and Diffusion Studies to Re-Assess the Status of Prior Decisions
Pieter Bekker and Thomas Innes 26 How and to Whom Do We Explain International Law?
John Gamble 27 Fragmentation in International Law and Governance: Understanding the Sum of the Parts
Charlotte Ku 28 Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects
Cedric Ryngaert 29 Revealing the Publicness of International Law
Ramses A. Wessel 30 What is Wrong with International Lawyers?
Students, scholars and all others interested in legal norms issues related to international law and the regulatory function of international law as a system for creating public order.