23 mai 2015

OUVRAGE : C. Chinkin, F. Baetens (eds.), Sovereignty, Statehood and State Responsibility. Essays in Honour of James Crawford

Catherine MAIA

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.

List of contributors
Editors’ preface
James Crawford: the early years, Ivan Shearer
An Australian in England, Philippe Sands
List of cases 
List of domestic legislation 
List of treaties
List of resolutions 
List of other international instruments and reports 

Part I
1. The war against cliché: dispatches from the international legal front, Karen Knop and Susan Marks
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 A. Young
5. The legitimacy of investment treaties: between Exit, Voice and James Crawford’s quest for a more democratic international law, Lluıs Paradell Trius
6. Polar territorial and maritime sovereignty in the twenty-first century, Donald R. 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
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, Thomas D. Musgrave
13. Recognition of the State of Palestine: still too much too soon?, Yaël Ronen
14. The role of the uti possidetis principle in there solution of maritime boundary disputes, Suzanne Lalonde
15. Room for ‘Statecontinuity’ in international law? A constitutionalist perspective, Ineta Ziemele

Part III
16. Law-making in complex processes: the World Court and the modern law of State responsibility, Christian J. 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

Christine CHINKIN, Freya BAETENS (eds.), Sovereignty, Statehood and State Responsibility. Essays in Honour of James Crawford, Cambridge, Cambridge University Press, 2015 (528 pp.)

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