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Sovereignty, Statehood and State Responsibility
Essays in Honour of James Crawford

$130.00 (C)

Philippe Sands, Ivan Shearer, Susan Marks, Karen Knop, Michael Byers, Ralph Wilde, Margaret Young, Lluis Paradell-Trius, Don Rothwell, Keun-Gwan Lee, Ole Spiermann, Christine Chinkin, Alexander Orakhelashvili, Tom Grant, Tom Musgrave, Yael Ronen, Suzanne Lalonde, Ineta Ziemele, Christian Tams, Douglas Guilfoyle, Yutaka Arai-Takahashi, Martin Dawidowicz, Isabelle Van Damme, Kate Parlett, Damien Geradin, Freya Baetens
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  • Date Published: February 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107044258

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About the Authors
  • This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.

    • Accessible and thought-provoking analysis of the foundations of international law provides readers with in-depth insights into its basic building blocks
    • Examines a range of traditional concepts in an innovative manner which combines theoretical approaches and practice
    • Challenges readers to rethink old assumptions and update long-standing conceptions by critically assessing the enduring value of existing concepts and the changes proposed thereto
    Read more

    Reviews & endorsements

    'Substantively, the essays paint a picture of a legal landscape in transition - transitions recreating the international legal world in a more multipolar, diverse, yet perhaps unpredictable image. … As such, it is an anthology that would benefit any curious student of international law.' Lucas Hansen, New York University Journal of International Law and Politics

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    Product details

    • Date Published: February 2015
    • format: Hardback
    • isbn: 9781107044258
    • length: 528 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.87kg
    • contains: 1 map
    • availability: Available
  • Table of Contents

    An Australian in England Philippe Sands
    James Crawford: the earlier years Ivan Shearer
    Part I. Sovereignty:
    1. The war against cliché: dispatches from the international legal front Susan Marks and Karen Knop
    2. International law and the responsibility to protect Michael Byers
    3. Human rights beyond borders at the World Court Ralph Wilde
    4. Fragmentation, regime interaction and sovereignty Margaret Young
    5. The legitimacy of investment treaties: between exit, voice and James Crawford's quest for a more democratic international law Lluis Paradell-Trius
    6. Polar territorial and maritime sovereignty in the twenty-first century Don Rothwell
    7. An enquiry into the palimpsestic nature of territorial sovereignty in East Asia – with particular reference to the Senkaku/Diaoyudao question Keun-Gwan Lee
    8. General legal characteristics of states: a view from the past of the Permanent Court of International Justice Ole Spiermann
    Part II. Statehood:
    9. The Security Council and statehood Christine Chinkin
    10. The dynamics of statehood in the practice of international and English courts Alexander Orakhelashvili
    11. How to recognise a state (and not): some practical considerations Tom Grant
    12. An analysis of the 1969 Act of Free Choice in West Papua Tom Musgrave
    13. Recognition of the State of Palestine: still too much too soon? Yael Ronen
    14. The role of the Uti Possidetis Principle in the Resolution of Maritime Boundary Disputes Suzanne Lalonde
    15. A room for 'state continuity' in international law? A constitutionalist perspective Ineta Ziemele
    Part III. State Responsibility:
    16. Law-making in complex processes: the World Court and the modern law of state responsibility Christian Tams
    17. Defending individual ships from pirates: questions of state responsibility and immunity Douglas Guilfoyle
    18. Excessive collateral civilian casualties and military necessity: awkward crossroads in international humanitarian law between state responsibility and individual criminal liability Yutaka Arai-Takahashi
    19. Third-party countermeasures: observations on a controversial concept Martin Dawidowicz
    20. The Appellate Body's use of the articles on state responsibility in US – anti-dumping and countervailing duties (China) Isabelle Van Damme
    21. The application of the rules on countermeasures in investment claims: visions and realities of international law as an open system Kate Parlett
    22. The external relations of the European Union and its Member States: lessons from recent developments in the economic sphere Damien Geradin
    23. Invoking, establishing and remedying state responsibility in mixed multi-party disputes: lessons from Eurotunnel Freya Baetens.

  • Editors

    Christine Chinkin, London School of Economics and Political Science
    Christine Chinkin is Professor of International Law at the London School of Economics and Political Science, a barrister, a member of Matrix Chambers and William Cook Global Law Professor at the University of Michigan.

    Freya Baetens, Universiteit Leiden
    Freya Baetens is Associate Professor of Law, Director of Studies and Head of the LUC Research Centre at Leiden University, The Netherlands, Visiting Professor at the World Trade Institute at Berne University, Switzerland, and Associate Lawyer with VVGB (Brussels Bar).

    Contributors

    Philippe Sands, Ivan Shearer, Susan Marks, Karen Knop, Michael Byers, Ralph Wilde, Margaret Young, Lluis Paradell-Trius, Don Rothwell, Keun-Gwan Lee, Ole Spiermann, Christine Chinkin, Alexander Orakhelashvili, Tom Grant, Tom Musgrave, Yael Ronen, Suzanne Lalonde, Ineta Ziemele, Christian Tams, Douglas Guilfoyle, Yutaka Arai-Takahashi, Martin Dawidowicz, Isabelle Van Damme, Kate Parlett, Damien Geradin, Freya Baetens

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