OUVRAGE : C. Sampford, S. Zifcak, D.A. Okur (eds.), Rethinking International Law and Justice

Catherine MAIA

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice.

The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.


TABLE DES MATIERES

Rethinking international law and justice, Spencer Zifcak

Part I. INTERNATIONAL HUMANITARIAN LAW

A right to fight: the belligerent’s privilege, Steve Nabors 

Justice and protection of civilians in armed conflicts through the enforcement of the international legal obligations: the case of the Gaza Strip, Davide Tundo 

How effective are national remedies in securing international justice?, Selman Karakul
Rethinking justice: individual criminal responsibility, immunity and torture, Amrita Mukherjee 

Interpreting the most-favoured-nation clause in investment treaty arbitration: interpretation as a process of creating an obligation?, Tomoko Ishikawa

Part II. NON-STATE ACTORS IN PROMOTING JUSTICE:

ACCOUNTABILITY OF MULTINATIONAL CORPORATIONS FOR HUMAN RIGHTS AND ENVIRONMENTAL ABUSE

How far can extraterritorial jurisdiction go?, Angelica Bonfanti 

The Alien Tort Statute as access to justice, post Kiobel: when the international norm prohibiting nonconsensual human experimentation is violated, Bethany J. Spielman 

The role of NGOs and accountability of corporations for human right infringements, Genny Ngende 

Non-state actors and international climate justice under global climate governance, Saheed Alabi 

The status of non-state actors under the international rule of law: a search for global justice, Mohammad H. Zarei and Azar Safari

Part III. RETHINKING ASPECTS OF INTERNATIONAL JUSTICE

The responsibility to protect at the United Nations, Spencer Zifcak 

Is justice the first virtue of international institutions?, Charles Sampford 

Is it justice or justice(s)? The concept of justice in Western and Islamic natural law traditions, Ahmet Ulvi Türkbağ 

General principles of law and international law-making, Gábor Sulyok

Charles SAMPFORD, Spencer ZIFCAK, Derya Aydin OKUR (eds.),
Rethinking International Law and Justice, Ashgate, 2015 (358 pp.)

Charles Sampford is Director of the Institute for Ethics, Governance and Law at Griffith University, Australia. His extensive list of publications includes research on jurisprudence, public law, legal education, applied ethics, corruption, corporate and professional governance, global values and institutions, environmental governance and tax policy. 

Spencer Zifcak is Allan Myers Professor of Law in the Faculty of Law and Business at Australian Catholic University. His principal areas of research and teaching are in public international law, comparative constitutional law, international human rights law and international organisation. 

Derya Aydin Okur is an Assistant Professor of International Law and the head of the Law of the Sea Section at Istanbul Kültür University, Turkey. Her teaching and research interests include public international law, law of the sea and environmental law. She has published on these and related areas in both Turkish and English.