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.
Sienho Yee is Changjiang Xuezhe Professor and Chief Expert at the Wuhan University China Institute of Boundary and Ocean Studies and Institute of International Law; a member of the Institut de droit international; and Editor-in-Chief of the Chinese Journal of International Law (Oxford University Press). He holds a J.D. from Columbia Law School. A generalist on the international legal system and ICJ jurisprudence, he has lectured at The Hague Academy on
jus cogens, at Xiamen on UNCLOS, Part XV, and at Thessaloniki on State responsibility. He has also acted as an adviser to governments on international dispute settlement.
Table of contents
Notes on Style and AbbreviationsAcknowledgements Chapter 1: The International Law of Co-progressiveness: The Descriptive Observation, the normative Position and Some Core Principles
Part I: Membership Chapter 2: We Are All "Civilized Nations": Arguments for Cleaning up Article 38(1)(c) of the Statute of the International Court of Justice Chapter 3: The
Kosovo Advisory Opinion of the International Court of Justice Chapter 4: The International Law of Co-progressiveness and the Co-progressiveness of Civilizations Chapter 5: The Role of Law in the Formation of Regional Perspectives on Human Rights and Regional Systems for the Protection of Human Rights Chapter 6: The Intrinsic and Instrumental Values of Diversity and the Settlement of the Conflicts between Them: Some Philosophical and Legal Considerations Chapter 7: Public Opinion
Part II: Leadership Chapter 8: Sovereign Equality of States and the Legitimacy of "Leader States" Chapter 9: Towards a Harmonious World: The Roles of the International Law of Co-progressiveness and Leader States Chapter 10: Military Activites in the EEZ: Moving the Debate to Article 59 of UNCLOS Article 11: Sustainable Development, International Law and China Chapter 12: The Dynamic Interplay between the Interpreters of Security Council Resolutions Chapter 13: En Route the the Final Shape of the UNCLOS Dispute Settlement System: Some Pivotal Negotiating Procedural Steps Worthy of Consideration by Future Treaty-makers and Leaders in Treaty-making Chapter 14: Reform Proposals regarding the International Court of Justice: Final Report for the ILA Study Group on United Nations Reform Chapter 15: The Presidency of the International Tribunal for the Law of the Sea and the "National State Extension" Concern
Part III: Responsibility Chapter 16: The Responsibility of State Members of an International Organization for Its Conduct as a Result of Membership or Their Normal Conduct Associated with Membership Chapter 17: 'Member responsibility' and the ILC Articles on the Responsibility of International Organizations: Some Observations Chapter 18: Universal Jurisdiction: Concept, Logic, and Reality
International policy-makers, international judges; international organizations; pracititoners, scholars, teachers and students in international law and relations as well as legal philosophy.