The New International Law

An Anthology


This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”.
The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.
Such assumptions include the transformation of sovereignty, the horizontal and vertical dispersal of governmental authority, the incompleteness of municipal law for legal regulation of individuals and private entities, states’ acceptance of treaty regimes whereby international authorities exercise regulatory power that interferes with domestic authority, and the proliferation of new dispute-settling bodies on the international plane. The volume aims to display the diversity within the new generation of international legal scholarship and to bring the analyses and arguments of this research to a wider audience. Topics addressed include environmental regulation, human rights and humanitarian protection, criminal law, and international security and development.

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1. Introduction
Christoffer C. Eriksen and Marius Emberland, The New International Law in Print. Editors’ Note
Ivar Alvik, Marius Emberland and Christoffer C. Eriksen, Polycentric Decision-making Structures and Fragmented Spheres of Law: A New Generation of International Legal Discourse?
2. New International Law and Its Doctrine
Stéphane Beaulac, Thinking Outside the “Westphalian Box”: Dualism, Legal Interpretation and the Contextual Argument
Nikolaos Lavranos, Jurisdictional Competition between International Courts and Tribunals: How to Square the Circle?
3. International Relations and New International Law
Antoine Buyse, Piercing the Tattered Veil: Housing Restitution in Bosnia as a Case Study of Researching Human Rights with the Help of International Relations Theory
Ole Jacob Sending, The Power of Administration: Law and Politics in Global Governance
4. Investment and Property
Ivar Alvik, The Hybrid Nature of Investment Treaty Arbitration – Straddling the National/International Divide
Ingunn Ikdahl, Competing Notions of Property Rights: Land Rights Reform at the Intersection of the International and the Local
5. Human Rights and Humanitarian Law
Natasha Balendra, International Human Rights Law and International Humanitarian Law: Alternative Frameworks for Interaction
Kristin Bergtora Sandvik, Rapprochement and Misrecognition: Humanitarianism as Human Rights Practice
6. On the History of New International Law
Moria Paz, A Non-territorial Ethnic Network and the Making of Human Rights Law: The Case of the Alliance Israélite Universelle
7. Internationalization of Criminal Law
Jo Stigen, What’s in the ICC for States?
8. International Security and War
Aristotle Constantinides, ‘Securitizing’ Development: Advantages and Pitfalls of the Security Council’s Involvement in Development Issues
Cecilia M. Bailliet, Constitutional Underpinnings for Conscientious Objection in Allegiance to International Public Law Norms pertaining to War
9. Environmental Regulation
Christina Voigt, Sustainable Development in Practice: The Flexibility Mechanisms of the Kyoto Protocol
Nicolai Nyland, What may be the New International Environmental Law?