Human Flourishing: The End of Law

Essays in Honor of Siegfried Wiessner

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity.

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W. Michael Reisman is Myres McDougal Professor Emeritus of Law at the Yale Law School and has been visiting professor in Tokyo, Hong Kong, Berlin, Basel, Paris, Tel Aviv and Geneva.

Roza Pati is Professor of Law, Senior Associate Dean of Academic Affairs, and Director of the LL.M. / J.S.D. Program in Intercultural Human Rights and the Human Trafficking Academy at St. Thomas University College of Law.
List of Tables and Figures
Notes on Contributors
Siegfried Wiessner: Publications

PART 1: Siegfried Wiessner, The Person

1 Siegfried Wiessner: A Life in the Pursuit of Human Flourishing for All
W. Michael Reisman and Roza Pati
2 A Modern-Day Alexis de Tocqueville in our Midst: Siegfried Wiessner, a Foreign-Born Champion of American Democracy and Human Flourishing
David A. Armstrong
3 Susan, Siegfried, Oklahoma, and the Rights of Indigenous Peoples
Kirke Kickingbird

PART 2: Flourishing and Human Dignity: A Theory about Law

4 The Dignity of Belonging
Adeno Addis
5 Human Dignity in International Law from a Chinese Traditional Cultural Perspective
Guiguo Wang
6 Philosophical Implications of Human Flourishing
Philip Larrey
7 Fraternity in the Law as a Means of Human Flourishing
John Makdisi
8 Individual and Communal Flourishing through Faith for Rights
Ibrahim Salama and Michael Wiener
9 Neither “Genteel Hoax” Nor “Slot Machine”: Constitutional Interpretation in Policy-Oriented Jurisprudence
Christian Lee González-Rivera

PART 3: World Order

10 Ukraine, “Who Decides,” and Minimum World Public Order
Nicholas Rostow
11 International Law after the Pandemic: The Contribution of the 2021 Resolution of the Institut de Droit International
Francesco Francioni
12 Governometrics and Rule of Law Transformations in Low and Middle-Income Countries
Craig Hammer

PART 4: Human Rights

13 Ensuring Compliance with and Execution of Human Rights Commitments
Eckart Klein
14 Islamic Law-Ethics and the Struggle against Slavery and Human Trafficking
Abadir M. Ibrahim
15 From Non-Discrimination to Substantive Equality: The On-going Struggle
Virgínia Brás Gomes
16 Asylum from the Perspectives of International and Islamic Law: A Comparative Analysis
Mohammad Bayoumi
17 The Dilemma of Forgiveness: The Personal in the Holocaust
Keith D. Nunes
18 The Sermon on the Mount: Going the Extra Mile and Flourishing
Gordon T. Butler
19 Native | Emigrant: The Curious Immigration Case of Forcibly Displaced Native Americans and Examination of the Rights of the Wampanoag Tribal Descendants in Bermuda
Michael Vastine
20 Protecting Women and Children under Egyptian Family Law: A Journey of Increasing Rights
Ahmed Mohamed El Demery

PART 5: The Rights of Indigenous Peoples

21 Indigenous Peoples in the United States: Justice Still Needed
S. James Anaya
22 ILA Resolution No. 5/2012 and the Rights of Indigenous Peoples
Federico Lenzerini
23 K’íilich Ha’ – Sacred Water, Autonomy and Self-Determination-Based Normative Systems of the Maya
Manuel May Castillo and Lola Cubells Aguilar
24 Framework and Anthropological Features in the Awas Tingni Case
Mariana Monteiro de Matos

PART 6: Cultural Heritage Law

25 The UNESCO World Heritage List – Revisited
Michael Kilian
26 Reflections on Cultural Identity and Diversity as Common Heritage of Humanity
Fausto Pocar
27 Cultural Heritage in International Indigenous Rights Declarations: Beyond Recognition
Lucas Lixinski

PART 7: Space Law

28 The Beginning of the End of International Space Law
Ram S. Jakhu and Nishith Mishra
29 Space, Satellites and Siegfried Wiessner’s Universe of Human Aspirations: Preventing and Punishing Mass Murder Crimes through Aerial Satellite Evidence
Qerim Qerimi
30 The Consciousness of Astronautical Ethics
Roy Balleste

PART 8: International Investment Law and Arbitration

31 The Search for Truth v. The Preservation of the Integrity of International Investment Arbitration Proceedings: The Issue of Admissibility of Illegally Obtained Evidence under the Revised ICSID Arbitration Rules
Stephan Wilske

PART 9: Constitutional Law and Jurisprudence

32 A “Public Order of Human Dignity” and Justice as an “Open Concept”: The Missing Lessons of Legal Education
Jay Silver
33 The Public Authority Defense, January 6, 2021, and the Following Orders Defense: A Juxtaposition
Alfredo Garcia
34 Childhood Gender Transitioning and Human Flourishing
June Mary Zekan Makdisi
35 To Procreate or Not to Procreate
Lauren Gilbert
36 Children’s Picture Books and the Rule of Law: The Jurisprudence of “The Poky Little Puppy”
Lenora Ledwon
37 Policy-Oriented Jurisprudence and Constitutive Process in Mexico: Toward a Public Order of Human Dignity in Turbulent Times
Jaime Olaiz-González

PART 10: Law and the Environment

38 Upholding the Philosophy of International Environmental Law through the Domestication of Environmental Conventions: An Imperative for Nigeria
Jude O. Ezeanokwasa
39 International Obligations Leading to Protecting Vulnerable States from the Climate Crisis
Cosmin I. Corendea
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