Sovereignty, statehood and state responsibility : essays in honour of James Crawford / edited by Christine Chinkin, Freya Baetens.
2015
KZ4034 .S67 2015 (Map It)
On loan from Cellar, due 22. Dec 2025
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Items
Details
Title
Sovereignty, statehood and state responsibility : essays in honour of James Crawford / edited by Christine Chinkin, Freya Baetens.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
KZ4034 .S67 2015
ISBN
9781107044258 (hardback)
1107044251 (hardback)
1107044251 (hardback)
Description
xlviii, 479 pages ; 24 cm
System Control No.
(OCoLC)886673156
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
List of contributors page
viii
Editors' preface
xi
James Crawford: the early years / Ivan Shearer
xiii
An Australian in England / Philippe Sands
xx
List of cases
xxvi
List of domestic legislation
xxxviii
List of treaties
xli
List of resolutions
xliv
List of other international instruments and reports
xlvi
pt. I
Sovereignty
1.
The war against cliche: dispatches from the international legal front / Susan Marks
3
2.
International law and the responsibility to protect / Michael Byers
23
3.
Human rights beyond borders at the World Court / Ralph Wilde
51
4.
Fragmentation, regime interaction and sovereignty / Margaret A. Young
71
5.
The legitimacy of investment treaties: between Exit, Voice and James Crawford's quest for a more democratic international law / Lluis Paradell Trius
90
6.
Polar territorial and maritime sovereignty in the twenty-first century / Donald R. Rothwell
110
7.
An enquiry into the palimpsestic nature of territorial sovereignty in East Asia -- with particular reference to the Senkaku/Diaoyudao question / Keun-Gwan Lee
126
8.
General legal characteristics of States: a view from the past of the Permanent Court of International Justice / Ole Spiermann
144
pt. II
Statehood
9.
The Security Council and statehood / Christine Chinkin
155
10.
The dynamics of statehood in the practice of international and English courts / Alexander Orakhelashvili
172
11.
How to recognise a State (and not): some practical considerations / Tom Grant
192
12.
An analysis of the 1969 Act of Free Choice in West Papua / Thomas D. Musgrave
209
13.
Recognition of the State of Palestine: still too much too soon? / Yael Ronen
229
14.
The role of the uti possidetis principle in the resolution of maritime boundary disputes / Suzanne Lalonde
248
15.
Room for `State continuity' in international law? A constitutionalist perspective / Ineta Ziemele
273
pt. III
State Responsibility
16.
Law-making in complex processes: the World Court and the modern law of State responsibility / Christian J. Tams
287
17.
Defending individual ships from pirates: questions of State responsibility and immunity / Douglas Guilfoyle
307
18.
Excessive collateral civilian casualties and military necessity: awkward crossroads in international humanitarian law between State responsibility and individual criminal liability / Yutaka Arai-Takahashi
325
19.
Third-party countermeasures: observations on a controversial concept / Martin Dawidowicz
340
20.
The Appellate Body's use of the Articles on State responsibility in US -- Anti-dumping and Countervailing Duties (China) / Isabelle Van Damme
363
21.
The application of the rules on countermeasures in investment claims: visions and realities of international law as an open system / Kate Parlett
389
22.
The external relations of the European Union and its Member States: lessons from recent developments in the economic sphere / Damien Geradin
406
23.
Invoking, establishing and remedying State responsibility in mixed multi-party disputes: lessons from Eurotunnel / Freya Baetens
421
Index
442