Overview

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Full Product Details

Author:   Antonio Cassese (Former President, Special Tribunal for Lebanon)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.40cm , Height: 3.90cm , Length: 23.40cm
Weight:   1.070kg
ISBN:  

9780199647088

ISBN 10:   0199647089
Pages:   724
Publication Date:   08 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"1: Antonio Cassese: Introduction I. Can the World become a Global Community? 2: Martti Koskenniemi: The project of a world community 3: Luigi Condorelli and Antonio Cassese: Is the Leviathan still holding sway over the international society? 4: José Alvarez: State Sovereignty 5: Philip Alston: The United Nations 6: Bardo Fassbender: The Security Council 7: Nehal Bhuta: International actors other that States 8: Mauro Palma: International civil society 9: Andreas Paulus: Universal values v. bilateralism and reciprocity 10: Savatore Zappalà: Effectiveness v. universal values 11: Anne Peters: Towards constitutionalising the world community? 12: Antonio Cassese: Towards a global community of human rights? II. What Role for Law-Making? 13: Luigi Condorelli: Customary law 14: Antonio Cassese: Jus cogens 15: Alan Boyle: New modalities of law-making III. Can International Legal Imperatives be More Effectively brought into Effect? (A) The Interplay of International and National Law 16: Yuval Shany: Bolstering the implementation of international rules in domestic systems 17: Antonio Cassese: Towards a ""moderate monism "": could international rules eventually acquire the force to invalidate inconsistent national laws? (B) Mechanisms for Inducing States' Compliance 18: Pierre-Marie Dupuy: Making state responsibility work 19: Paola Gaeta: Immunity of states and state officials: a major stumbling-block to judicial scrutiny? (C) The Role of Judicial Bodies 20: Antonio Cassese: The International Court of Justice: it is high time to restyle the respected old lady 21: William Schabas: The International Criminal Court at a crossroads 22: Malcolm Evans: The regional courts on human rights 23: Michael Reisman: The judicial protection of foreign investment 24: Mohammed Bennouna: The proliferation on international courts and their coordination 25: Massimo Jovane: The role of state courts (D) Supervision and Fact-Finding as Alternatives to Judicial Review 26: Antonio Cassese: How to ensure increased compliance with international standards: monitoring and institutional fact-finding 27: L. Rockwood: Inspection of nuclear facilities 28: Andrew Clapham: Overseeing compliance with human rights 29: Jorge Viñuales: Monitoring compliance with standards for the protection of the environment 4. Old and New Categories of Lawful Use of Force 30: Philippe Sands: Self-defence 31: Christian Tams: Humanitarian use of force 5. Global Problems That are Badly in Need of Substantive Legal Regulation 32: Abdulqawi Ahmed Yusuf: Self-determination of peoples: is it still alive 33: Emmanuelle Jouannet: The question of development 34: Joseph H.H. Weiler: WTO and world trade 35: Robert Howse: Regulating international financial problems 36: Francesco Francioni: Environment 37: Bibi van Ginkel: Terrorism 38: Souhail El-Zein: Human rights and genetic manipulation 39: Andrew Murray: The use of cyberspace 6. Restraining Armed Violence in International and Internal Armed Conflicts 40: Nils Melzer: Protection of civilians in armed conflicts 41: Antonio Cassese: Should rebels be treated as criminals? 42: Sandesh Sivakumaran: Internal armed conflicts 43: Orna Ben Naftali: Belligerent occupation 44: Natalino Ronzitti: Modern means of warfare 45: Giulia Pinzauti: Towards compensation of civilians for gross breaches of international law on methods and means of warfare 7. The Role of Criminal and Civil Justice 46: Jérome de Hemptinne: International criminal justice 47: Paola Gaeta: The expansion of national criminal jurisdiction over international crimes 48: Jaykumar A. Menon: Civil redress for international wrongs 8. Recapitulation and Conclusion 49: Antonio Cassese: Recapitulation and Conclusion"

Reviews

Realizing Utopia is a fitting memorial to Cassese. He and the other authors present a clear vision of a utopian international legal order that does full justice to the ideals and values that Cassese sought to implement in his writings and judicial decisions. This book restores idealism to a central place in the debate about the future of international law. It is essential reading for all concerned about the direction that international law will take in the twenty-first century. -- John Dugard, The American Journal of International Law

Author Information

Antonio Cassese was Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of Europe Committee for the Prevention of Torture. He was the first President of the International Criminal Tribunal for the former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997 and then as the presiding judge of trial chambers until 2000. In October 2004, Cassese was appointed by United Nations Secretary-General Kofi Annan to be the Chairperson of the UN International Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur. In 2006 the United Nations Secretary-General appointed him as an independent expert tasked to review the judicial efficiency of the Special Court of Sierra Leone. In March 2009 Cassese was appointed by United Nations as judge for the Special Tribunal for Lebanon (STL) where he was elected President of the Tribunal.

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