Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Liber Amicorum Nico Schrijver

This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

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Niels Blokker is Professor of International Institutional Law at Leiden University (Schermers Chair) and was previously Deputy Legal Adviser at the Ministry of Foreign Affairs of the Netherlands. Together with the late Henry Schermers, he has published International Institutional Law (Brill/Nijhoff, 6th ed. 2018). Together with Nico Schrijver, he has edited The Security Council and the Use of Force (Brill/Nijhoff, 2005), Immunities of International Organizations (Brill/Nijhoff, 2015) and Elected Members of the Security Council (Brill/Nijhoff, 2020). His most recent publication is Saving Future Generations from the Scourge of War (Brill/Nijhoff, 2021). He is co-founder and co-editor in chief of the journal International Organizations Law Review (Brill/Nijhoff).

Daniëlla Dam-de Jong is Associate professor at the Grotius Centre for International Legal Studies at Leiden University and Academic Director of its LL.M. Reg. programme in Public International Law. She wrote her PhD dissertation under the supervision of Professor Nico Schrijver and Professor Larissa van den Herik (Leiden University, 2013). Her monograph International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations (CUP, 2015) has received a research prize by the Foundation Praemium Erasmianum.

Vid Prislan is a Postdoctoral researcher at the Amsterdam Center for International Law (ACIL), Amsterdam Law School, where he also teaches in the Master’s programme in International and European Law. Vid conducts research in the areas of foreign investment law and investment arbitration, and has a particular interest in the interactions between domestic courts and investment tribunals. Prior to joining ACIL, Vid was a doctoral researcher at the Grotius Centre for International Legal Studies. His dissertation, which addresses the role of domestic courts in investment arbitration, was supervised by Nico Schrijver.
Notes on Contributors

1 Withdrawing from International Organizations
  Niels Blokker

2 Sovereignty as Responsibility
Exercising Permanent Sovereignty over Natural Resources in the Interest of Current and Future Generations
  Daniëlla Dam-de Jong

3 Non-State Actors and Human Rights Obligations
Perspectives from International Investment Law and Arbitration
  Eric De Brabandere and Larissa van den Herik

4 Global Threats and Fragmented Responses
Climate Change and the Extra-Territorial Scope of Human Rights Obligations
  Helen Duffy

5 What Is a State in International Law? How Is This to Be Determined?
  John Dugard

6 The Role of Customary International Law as a Tool for the Progressive Development of International Criminal Law
Undermining the Sovereignty of States for the Sake of Humanity?
  Robert Heinsch

7 The Responsibility of the Netherlands for Its Nationals Abroad
  Erik Koppe

8 How about Consolidating the Frontiers but Furthering the Effectiveness of Human Rights?
  Rick Lawson

9 Shifting the Frontiers of International Human Rights Law
  Titia Loenen

10 Waters Rising
Possible Effects of Sea Level Rise on the Legal Regime of Baselines and Delineation of Maritime Zones
  Xuechan Ma

11 The International Criminal Court and human Security
Looking Ahead Complementarity?
  Andrea Marrone

12 The Establishment of Flight Information Regions and Air Defence Identification Zones
Air Law Is Air Law and Maritime Law Is Maritime Law; Shall the Twain Ever Meet?
  Pablo Mendes De Leon

13 Maritime Security and Sustainable Development and the Coastal Communities of India
An Empirical Analysis
  Bimal N. Patel

14 To Speculate or Not? On Determining Adequate Remedies for Denial of Justice and Other Judicial Wrongs
  Vid Prislan

15 Human Rights Law and the Return of Stolen Assets
  Cecily Rose

16 Principles for the Sustainable Governance of shared Natural Resources
  Nadia Sánchez Castillo-Winckels

17 Economic, Social and Cultural Rights and Customary International Law
  William A. Schabas

18 World Law’s Modern Master Builders
  Otto Spijkers

19 The World in Disarray. Great-Power Competition and the Decline of Multilateralism
  Alfred van Staden

20 How Can We Justify International Criminal Justice?
  Carsten Stahn

21 China’s Perception of State Sovereignty in International Dispute Settlement
  Linlin Sun

22 Public Administration and Ordinary Virtues
The Venice Principles on the Ombudsman Institution
  Luc Verhey

23 The Right to Marry as a Right to Equality About Same-Sex Couples, the Phrase “men and women”, and the travaux préparatoires of the Universal Declaration
  Kees Waaldijk

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