What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization and climate change.
This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors. The areas covered range from human rights law, international environmental law and international security law to international economic law and international litigation.
The editors’ objective is to investigate whether and how international law which historically is state-centric and consensual can protect common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all state and non-state actors. The issue of collective interests is subject to numerous current discourses in international law. This volume attempts to tie these together to a new – or renewed – understanding of ‘common interest’ reflective of contemporary challenges in international law. The concept of ‘common interest’ suggests that more is at stake in international law than the individual self-interests of states. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the “community”, including all relevant actors.
This book is essential reading for all scholars and practitioners of international law. It aims at stimulating and defining the topic of the protection of common interests by the international community across geographical as much as disciplinary boundaries.
‘This is an important and multi-faceted book on one of the most urgent challenges of our time: the protection of our common interests. The book provides a solid platform for further research in this area.’
Professor Geir Ulfstein, Director, Pluricourts - Center of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo
‘The Common Interest in International Law is a fascinating, timely and innovative expert account of what common interests are, who defines them and what are their legal implications. At the same time it seeks to provide an answer to the fundamental and timeless question: what is international law for?’
Professor Katja Ziegler, Sir Robert Jennings Professor of International Law, Director of the Centre of European Law and Internationalisation (CELI), School of Law, University of Leicester
‘A carefully composed book, The Common Interest in International Law, broaches a topic that is underrepresented in the scientific discourse. As the world is getting smaller (more integrated), the number of issues that need to be resolved in the common interest of the international community continues to grow. The pursuance of common interests has serious consequences. Their realization will necessitate fundamental changes to the structure of international law and international relations. This book convincingly analyzes this evolution.’
em. Professor Dr. Dr. h.c. Rüdiger Wolfrum, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Introduction (p. 1)
Chapter 1. Delineating the Common Interest in International Law (p. 9)
Chapter 2. To What Extent does International Law Obstruct the Protection of Common Interests? (p. 29)
Chapter 3. Differentiation between Developing and Developed Countries in International Law (p. 51)
Chapter 4. The Common Interest in International Litigation (p. 75)
Chapter 5. Collective Security, the Common Interest, and the Responsibility to Protect Doctrine (p. 93)
Chapter 6. Protecting the Community Interest in a State Centric Legal System: the UN Charter and Certain Norms of ‘Special Standing’ (p. 109)
Chapter 7. Human Rights and Climate Change: Extending the Extraterritorial Dimension via the Common Concern (p. 127)
Chapter 8. Shaping the Common Interest in Global Development: the World Bank and Its Member States as Responsible Actors (p. 143)
Chapter 9. The Common Interest in the Protection of the Internet: an International Legal Perspective (p. 167)
Chapter 10. Humanization of International Law, Human Rights and the Common Interest (p. 185)
Chapter 11. Political Activity, Extradition and the Common Interest (p. 197)
Conclusions: The Common Interest in International Law – Perspectives for an Undervalued Concept (p. 219)
The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.
Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.
Editorial Board: Koen De Feyter, Alexia Herwig, George Pavlakos, Patricia Popelier and Wouter Vandenhole.
All members are part of the Centre for Law and Cosmopolitan Values at the University of Antwerp.
Advisory Board: Robert Alexy (Kiel), Samantha Besson (Fribourg, CH), Christian Joerges (Bremen), Panos Koutrakos (Bristol and Antwerp), Thalia. Kruger (Antwerp), Joost Pauwelyn (Geneva), Margot Salomon (LSE), Kok-Chor Tan (Pennsylvania), Herwig Verschueren (Antwerp) and Wim Voermans (Leiden).
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