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The Pursuit of a Brave New World in International Law
Essays in Honour of John Dugard
The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work.
Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
Tiyanjana Maluwa holds the H. Laddie Montague Chair in Law at Penn State University School of Law, where he served as Associate Dean for International Affairs. His publications include
International Law in Post-Colonial Africa (Kluwer, 1999) and
Law, Politics and Rights (Brill, 2013).
Max du Plessis is an associate professor of law at the University of KwaZulu-Natal and senior research associate at the Institute for Security Studies, Pretoria. He is a practising barrister in South Africa, specializing in international, administrative and constitutional law.
Dire Tladi is Professor of International Law at the University of Pretoria and a Member of the International Law Commission and its Special Rapporteur for the topic Jus Cogens. He is Co-editor-in-Chief of the South African Yearbook of International Law.
Max du Plessis is an associate professor of law at the University of KwaZulu-Natal and senior research associate at the Institute for Security Studies, Pretoria. He is a practising barrister in South Africa, specializing in international, administrative and constitutional law.
Dire Tladi is Professor of International Law at the University of Pretoria and a Member of the International Law Commission and its Special Rapporteur for the topic Jus Cogens. He is Co-editor-in-Chief of the South African Yearbook of International Law.
Preface and Acknowledgements
Notes on Contributors
Part 1
Portrait
1 Dugardian Legal Theory, David Dyzenhaus
Part 2
Environment, Human Rights and International Law
2 Casting Fresh Light on the Supreme Right: The African Commission’s General Comment No. 3 on the Right to Life, Christof Heyns and Thomas Probert;
3 Human Rights in the Work of the International Law Commission, Arnold Pronto;
4 Pursuing a Brave New World for the Oceans: The Place of Common Heritage in a Proposed Law of the Sea Treaty, Dire Tladi;
5 Climate Change and the Rule of Law: Adjudicating the Future in International Law Philippe Sands;
6 The International Law Commission’s Articles on Diplomatic Protection Revisited, James Crawford;
7 Immunities and Consent to Jurisdiction in International Law, Annemarieke Vermeer-Künzli;
Part 3
Law-Making in International Law
8 The Development of International Law by National Courts, Christopher Greenwood;
9 The Status of Municipal Law before the World Court in the Light of Recent Cases Maurice Kamto;
10 The Individualization of Enforcement in International Law Exploring the Interplay between United Nations Targeted Sanctions and International Criminal Proceedings, Larissa van den Herik;
11 South Africa in Africa: Assessing South Africa’s Participation in Organization of African Unity and African Union Treaties, Tiyanjana Maluwa;
12 Unconstitutional Change of Government and the Public Law of Africa: Outlawing Coups d’État in Africa, Abdulqawi A. Yusuf;
13 State Succession in Relation to Treaties: Looking Back and Looking Forward, Ivan Shearer;
Part 4
Peace, Security and International Criminal Justice;
14 United Nations Security Council Resolution 1373 (2001) as a Tool for Criminal Law Enforcement, Trevor P. Chimimba;
15 Counter-Terrorism Sanctions and Human Rights Hennie Strydom;
16 The Omar Al-Bashir Case: Exploring Efforts to Resolve the Tension between the African Union and the International Criminal Court, Max du Plessis;
17 International Criminal Law and the Middle East, William Schabas;
18 Fighting Apartheid on a Second Front: Dugard’s Work on the Occupied Palestinian Territories, Mia Swart;
19 Global Trends towards the Simplification of Extradition Procedures from the Substantive to the Procedural without a Universal Framework of Reference, Neil Boister;
Appendix: Christopher John Robert Dugard (b. 1936)
Index
Notes on Contributors
Part 1
Portrait
1 Dugardian Legal Theory, David Dyzenhaus
Part 2
Environment, Human Rights and International Law
2 Casting Fresh Light on the Supreme Right: The African Commission’s General Comment No. 3 on the Right to Life, Christof Heyns and Thomas Probert;
3 Human Rights in the Work of the International Law Commission, Arnold Pronto;
4 Pursuing a Brave New World for the Oceans: The Place of Common Heritage in a Proposed Law of the Sea Treaty, Dire Tladi;
5 Climate Change and the Rule of Law: Adjudicating the Future in International Law Philippe Sands;
6 The International Law Commission’s Articles on Diplomatic Protection Revisited, James Crawford;
7 Immunities and Consent to Jurisdiction in International Law, Annemarieke Vermeer-Künzli;
Part 3
Law-Making in International Law
8 The Development of International Law by National Courts, Christopher Greenwood;
9 The Status of Municipal Law before the World Court in the Light of Recent Cases Maurice Kamto;
10 The Individualization of Enforcement in International Law Exploring the Interplay between United Nations Targeted Sanctions and International Criminal Proceedings, Larissa van den Herik;
11 South Africa in Africa: Assessing South Africa’s Participation in Organization of African Unity and African Union Treaties, Tiyanjana Maluwa;
12 Unconstitutional Change of Government and the Public Law of Africa: Outlawing Coups d’État in Africa, Abdulqawi A. Yusuf;
13 State Succession in Relation to Treaties: Looking Back and Looking Forward, Ivan Shearer;
Part 4
Peace, Security and International Criminal Justice;
14 United Nations Security Council Resolution 1373 (2001) as a Tool for Criminal Law Enforcement, Trevor P. Chimimba;
15 Counter-Terrorism Sanctions and Human Rights Hennie Strydom;
16 The Omar Al-Bashir Case: Exploring Efforts to Resolve the Tension between the African Union and the International Criminal Court, Max du Plessis;
17 International Criminal Law and the Middle East, William Schabas;
18 Fighting Apartheid on a Second Front: Dugard’s Work on the Occupied Palestinian Territories, Mia Swart;
19 Global Trends towards the Simplification of Extradition Procedures from the Substantive to the Procedural without a Universal Framework of Reference, Neil Boister;
Appendix: Christopher John Robert Dugard (b. 1936)
Index
All interested in human rights, international criminal justice and the role of international law in advancing international cooperation and understanding; policymakers, students, teachers and practitioners of law and international relations.