
Realizing Utopia
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Content
- Cover
- Contents
- Principal Abbreviations
- List of Contributors
- Introduction-Antonio Cassese
- I: CAN THE WORLD BECOME A GLOBAL COMMUNITY?
- 1 The Subjective Dangers of Projects of World Community
- 2 Is Leviathan Still Holding Sway over International Dealings?
- 3 State Sovereignty is Not Withering Away: A Few Lessons for the Future
- 4 The United Nations: No Hope for Reform?
- 5 The Security Council: Progress is Possible but Unlikely
- 6 The Role International Actors Other Than States can Play in the New World Order
- 7 The Possible Contribution of International Civil Society to the Protection of Human Rights
- 8 Whether Universal Values can Prevail over Bilateralism and Reciprocity
- 9 Can Legality Trump Effectiveness in Today's International Law?
- 10 Are we Moving towards Constitutionalization of the World Community?
- 11 A Plea for a Global Community Grounded in a Core of Human Rights
- II: WHAT LAWMAKING TOOLS SHOULD BE USED TO BRING ABOUT THE NEEDED CHANGE?
- 12 Customary International Law: The Yesterday, Today, and Tomorrow of General International Law
- 13 For an Enhanced Role of Jus Cogens
- 14 International Lawmaking: Towards a New Role for the Security Council?
- III: CAN INTERNATIONAL LEGAL IMPERATIVES BE MORE EFFECTIVELY BROUGHT INTO EFFECT?
- A) The Interplay of International and National Law
- 15 Towards a Moderate Monism: Could International Rules Eventually Acquire the Force to Invalidate Inconsistent National Laws?
- 16 Should the Implementation of International Rules by Domestic Courts be Bolstered?
- B) Major Obstacles to States' Compliance
- 17 The Deficiencies of the Law of State Responsibility Relating to Breaches of 'Obligations Owed to the International Community as a Whole': Suggestions for Avoiding the Obsolescence of Aggravated Responsibility
- 18 Immunity of States and State Officials: A Major Stumbling Block to Judicial Scrutiny?
- (C) The Role of International Judicial Bodies
- 19 The International Court of Justice: It is High Time to Restyle the Respected Old Lady
- 20 The International Criminal Court: Struggling to Find its Way
- 21 The Future(s) of Regional Courts on Human Rights
- 22 The Future of International Investment Law and Arbitration
- 23 How to Cope with the Proliferation of International Courts and Coordinate Their Action
- (D) Supervision and Fact-Finding as Alternatives to Judicial Review
- 24 Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding
- 25 Ensuring Compliance with Standards on the Peaceful Use of Nuclear Energy
- 26 Overseeing Human Rights Compliance
- 27 Managing Abidance by Standards for the Protection of the Environment
- IV: WHAT LAW SHOULD BE CHANGED?
- A) Enhancing the Lawful Use of Force to Meet Modern Challenges
- 28 Operationalizing the UN Charter Rules on the Use of Force
- 29 Prospects for Humanitarian Uses of Force
- (B) Other Global Problems Badly in Need of Substantive Legal Regulation
- 30 The Role That Equal Rights and Self-Determination of Peoples can Play in the Current World Community
- 31 How to Depart from the Existing Dire Condition of Development
- 32 The WTO: Already the Promised Land?
- 33 Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development
- 34 Realism, Utopia, and the Future of International Environmental Law
- 35 Combating Terrorism: Proposals for Improving the International Legal Framework
- 36 Genetic Manipulation: How to Strike the Right Balance between Technology and Respect for Human Rights
- 37 Uses and Abuses of Cyberspace: Coming to Grips with the Present Dangers
- C) Restraining Armed Violence in International and Internal Armed Conflict
- 38 Bolstering the Protection of Civilians in Armed Conflict
- 39 Should Rebels be Treated as Criminals? Some Modest Proposals for Rendering Internal Armed Conflicts Less Inhumane
- 40 How to Improve upon the Faulty Legal Regime of Internal Armed Conflicts
- 41 Belligerent Occupation: A Plea for the Establishment of an International Supervisory Mechanism
- 42 Modern Means of Warfare: The Need to Rely upon International Humanitarian Law, Disarmament, and Non-Proliferation Law to Achieve a Decent Regulation of Weapons
- 43 Good Time for a Change: Recognizing Individuals' Rights under the Rules of International Humanitarian Law on the Conduct of Hostilities
- V: CAN INTERNATIONAL AND DOMESTIC JUSTICE PLAY A MORE INCISIVE ROLE?
- 44 The Future of International Criminal Justice: A Blueprint for Action
- 45 The Need Reasonably to Expand National Criminal Jurisdiction over International Crimes
- 46 Domestic Courts Should Embrace Sound Interpretative Strategies in the Development of Human Rights-Oriented International Law
- 47 The Low Road: Promoting Civil Redress for International Wrongs
- VI: CONCLUSION
- 48 Gathering Up the Main Threads
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
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