OUVRAGE : W.M. Reisman, R. Pati (eds.), Human Flourishing: The End of Law. Essays in Honor of Siegfried Wiessner

W. Michael REISMAN, Roza PATI

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity.

TABLE OF CONTENTS

Acknowledgements
List of Tables and Figures
Notes on Contributors

PART 1. SIEGFRIED WIESSNER, THE PERSON

W. Michael Reisman, Roza Pati, Siegfried Wiessner: a Life in the Pursuit of Human Flourishing for All
David A. Armstrong, J.D, A Modern-Day Alexis de Tocqueville in our Midst: Siegfried Wiessner, a Foreign-Born Champion of American Democracy and Human Flourishing
Kirke Kickingbird, Susan Siegfried, Oklahoma, and the Rights of Indigenous Peoples

PART 2. FLOURISHING AND HUMAN DIGNITY: A THEORY ABOUT LAW

Adeno Addis, The Dignity of Belonging
Guiguo Wang, Human Dignity in International Law from a Chinese Traditional Cultural Perspective
Philip Larrey, Philosophical Implications of Human Flourishing
John Makdisi, Fraternity in the Law as a Means of Human Flourishing
Ibrahim Salama, Michael Wiener,Individual and Communal Flourishing through Faith for Rights
Christian Lee González-Rivera, Neither “Genteel Hoax” Nor “Slot Machine”: Constitutional Interpretation in Policy-Oriented Jurisprudence

PART 3. WORLD ORDER

Nicholas Rostow, Ukraine, “Who Decides,” and Minimum World Public Order
Francesco Francioni, International Law after the Pandemic: the Contribution of the 2021 Resolution of the Institut de droit international
Craig Hammer, Governometrics and Rule of Law Transformations in Low-and-Middle-Income Countries

PART 4. HUMAN RIGHTS

Eckart Klein, Ensuring Compliance with and Execution of Human Rights Commitments
Abadir M. Ibrahim, Islamic Law-Ethics and the Struggle against Slavery and Human Trafficking
Virgínia Brás Gomes, From Non-Discrimination to Substantive Equality: the On-going Struggle
Mohammad Bayoumi, Asylum from the Perspectives of International and Islamic Law: a Comparative Analysis
Keith D. Nunes, The Dilemma of Forgiveness: the Personal in the Holocaust
Gordon T. Butler, The Sermon on the Mount: Going the Extra Mile and Flourishing
Michael Vastine, Native | Emigrant -  The Curious Immigration Case of Forcibly Displaced Native Americans and Examination of the Rights of the Wampanoag Tribal Descendants in BERMUDA
Ahmed Mohamed El Demery, Protecting Women and Children under Egyptian Family Law: a Journey of Increasing Rights

PART 5. THE RIGHTS OF INDIGENOUS PEOPLES

S. James Anaya, Indigenous Peoples in the United States: Justice Still Needed
Federico Lenzerini, ILA Resolution NO. 5/2012 and the Rights of Indigenous Peoples
Manuel May Castillo, Lola Cubells Aguilar, K’íilich Ha’ – Sacred Water, Autonomy and Self-Determination-Based Normative Systems of the Maya
Mariana Monteiro de Matos, Framework and Anthropological Features in the Awas Tingni Case

PART 6. CULTURAL HERITAGE LAW

Michael Kilian, The UNESCO World Heritage List – Revisited
Fausto Pocar, Reflections on Cultural Identity and Diversity as Common Heritage of Humanity
Lucas Lixinski, Cultural Heritage in International Indigenous Rights Declarations: Beyond Recognition

PART 7. SPACE LAW

Ram S. Jakhu, Nishith Mishra, The Beginning of the End of International Space Law
Qerim Qerimi, Space, Satellites and Siegfried Wiessner’s Universe of Human Aspirations. Preventing and Punishing Mass Murder Crimes through Aerial Satellite Evidence
Roy Balleste, The Consciousness of Astronautical Ethics

PART 8. INTERNATIONAL INVESTMENT LAW AND ARBITRATION

Stephan Wilske, The Search for Truth v. The Preservation of the Integrity of International Investment Arbitration Proceedings. The Issue of Admissibility of Illegally Obtained Evidence under the Revised ICSID Arbitration Rules

PART 9. CONSTITUTIONAL LAW AND JURISPRUDENCE

Jay Silver, A “Public Order of Human Dignity” and Justice as an “Open Concept”: the Missing Lessons of Legal Education
Alfredo Garcia, The Public Authority Defense, January 6, 2021, and the Following Orders Defense: a Juxtaposition
June Mary Zekan Makdisi, Childhood Gender Transitioning and Human Flourishing
Lauren Gilbert, To Procreate or Not to Procreate
Lenora Ledwon, Children’s Picture Books and the Rule of Law: the Jurisprudence of “The Poky Little Puppy”
Jaime Olaiz-Gonzalez, Policy-Oriented Jurisprudence and Constitutive Process in Mexico: toward a Public Order of Human Dignity in Turbulent Times

PART 10. LAW AND THE ENVIRONMENT

Jude O. Ezeanokwasa, Upholding the Philosophy of International Environmental Law through the Domestication of Environmental Conventions. An Imperative for Nigeria
Cosmin I. Corendea, International Obligations and Duties Leading to Protecting Vulnerable States from the Climate Crisis

W. Michael REISMAN, Roza PATI (eds.), Human Flourishing: The End of Law. Essays in Honor of Siegfried Wiessner, Leiden, Brill/Nijhoff, 2023 (1215 pp.)