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Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates.
This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.
This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.
Author:
Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and international law, international experiment in national constitution-making, discretionary function and foreign sovereign immunities, and the concept of human rights in Asia. This book is valuable to critical thinkers and scholars in international law and relations, policy-makers and international judges, practitioners and NGO advocates.
This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.
This collection includes fourteen essays both new and previously published in fine journals such as European JIL (Oxford), ICLQ (Oxford), German YIL, Max Planck YUNL, Columbia LR, Leiden JIL (Cambridge) and Chinese JIL.
Membership, Leadership and Responsibility
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Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.
Membership, Leadership and Responsibility
Author:
Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.
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Sienho Yee & Jacques-Yvan Morin (eds.), Multiculturalism and International Law, 207-226. © 2009 Koninklijke Brill NV. Printed in The Netherlands. The Intrinsic and Instrumental Values of Diversity: Some Philosophical and Legal Considerations Sienho Yee* In this paper I shall try
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made and paragraph numbering has been removed. 1 Samuel Huntington, The Clash of Civilizations and the Remaking of World Order (1996), 321. 2 This Comment draws heavily upon my own previous publications: Sienho Yee, 64 Chapter 4 volume. Here I will briefly explore the role of
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chapter twenty-seven ‘MeMber responsibility’ and the ilc articles on the responsibility of international organizations: soMe observations sienho yee 1. ‘Member Responsibility’ writing for a book of essays in memory of oscar schachter in 2005,1 my for- mer tutor, sir ian brownlie (as he later
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28. Sovereign Equality of States and the Legitimacy of "Leader States" Sienho Yee* One can easily agree that the principle of sovereign equality of States and the role and place of the "leader States" concern nothing less than the organizing principles for the international community. For example
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current as of this date unless otherwise noted. 1 Sienho Yee, Towards an International Law of Co-progressiveness, in Sienho Yee and Wang Tieya (eds), International Law in the Post-Cold War World: Essays in Memory of Li Haopei (2001), 18-39. My efforts first resulted in a series of essays, some of
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CHAPTER THIRTY-SIX THE RESPONSIBILITY OF STATES MEMBERS OF AN INTERNATIONAL ORGANIZATION FOR ITS CONDUCT AS A RESULT OF MEMBERSHIP OR THEIR NORMAL CONDUCT ASSOCIATED WITH MEMBERSHIP Sienho Yee1 1. Introduction Given the limited space available to me, I can only aspire to touch upon sev- eral
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Chapter 1 TOWARDS AN INTERNATIONAL LAW OF CO- PROGRESSIVENESS* I. Introduction The end of the Cold War has spawned a vast amount of literature on the characteristics of international law and relations in the post-Cold War era.1 This * This chapter was first published in Sienho Yee & Wang Tieya
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133Intrinsic and Instrumental Values Chapter 10 The Competition Between and Among Intrinsic and Instrumental Values in Selected Competing Visions of the World Sienho Yee It is with great pleasure that I contribute at this time this paper on value and diversity to the festschrift for Judge Koroma