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.
1. Towards an International Law of Co-progressiveness; 2. The News that Opinio Juris “Is Not a Necessary Element of Customary [International] Law” Is Greatly Exaggerated; 3. The Perfect Rule of Law; 4. The Interpretation of “Treaties in Force” in Article 35(2) of the Statute of the International Court of Justice; 5. Forum Prorogatum Returns to the International Court of Justice; 6. The International Court of Justice: Law and Expediency; 7. A Proposal to Reformulate Article 23 of the ILC Draft Statute for an International Criminal Court; 8. The Erdemovic Sentencing Judgement: A Questionable Milestone for the International Criminal Tribunal for the Former Yugoslavia; 9. The Definition of Crimes against Humanity in the Rome Statute of the International Criminal Court: Endorsing and Furthering or Merely Having Knowledge of the State or Organizational Policy?; 10. The Time Limit for the Ratification of Proposed Amendments to the Constitutions of International Organizations; 11. The Potential Impact of the Possible US Responses to the 9-11 Atrocities on the Law regarding the Use of Force and Self-defence; 12. An International Experiment in National Constitution-making: The New Constitution of Bosnia & Herzegovina; 13. The Discretionary Function Exception Under the Foreign Sovereign Immunities Act: When in America, Do the Romans Do as the Romans Wish?; 14. The Concept of Human Rights in Asia. Index.