From Bilateralism to Community Interest Essays in Honour of Bruno Simma

This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfils in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.

Ulrich Fastenrath is Professor of Public Law, European Union Law, and Public International Law at the Technische Universitat Dresden.

Rudolf Geiger is Professor Emeritus of Public, European and International Law at the University of Leipzig.

Daniel-Erasmus Khan is Professor of Public Law, European Law and International Law at the University of the Armed Forces in Munich.

Andreas Paulus a Judge on Germany's Constitutional Court.

Sabine von Schorlemer is Professor of Public International Law, European Law, and International Relations at the Technische Universitat Dresden.

Christoph Vedder is Professor of Public Law, Public International, and European Law at the University of Augsburg.

Bruno Simma: Teacher and Judge
1. From Academic to Judge, Rosalyn Higgins
2. Speech in Honour of Bruno Simma's Election to the International Court of Justice, Christopher McCrudden
3. Bruno Simma, The Positivist?, Eric Stein
4. Bruno Simma: A Friend, an Academic Teacher and a Partner Before Court, Gerd Westdickenberg
From Westphalia to World Community: Theoretical Perspectives on International Law
5. The Fight for Inclusion: Non-State Actors and International Law, Andrea Bianchi
6. A Political Theory of Law: Escaping the Aporia of the Debate on the Validity of Legal Argument in Public International Law, Ulrich Fastenrath
7. From Bilateralism to Publicness in International Law, Benedict Kingsbury, Megan Donaldson
8. The Political Theology of Trade Law: The Scholastic Contribution, Martti Koskenniemi
9. Reciprocity Revisited, Andreas Paulus
10. Universal International Law's Grammar, Dirk Pulkowski
11. From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities, Steven Ratner
12. The WTO as a Club: Rethinking Reciprocity and Common Interest, Peter-Tobias Stoll
13. Are Nuclear Weapons Really Legal? - Thoughts on the Sources of International Law and a Conception of the Law imperio rationis Instead of ratione imperii, Daniel Thurer, Martin Zobl
The Institutional Dimension of Community Interests
14. Multi-Stakeholderism in the Development of International Law, Wolfgang Benedek
15. Transnational Democracy, Brun-Otto Bryde
16. Responsibilities for Breaches of Communitarian Norms: An Appraisal of Article 48 of the ILC Articles on Responsibility of States for Wrongful Acts, James Crawford
17. An Emerging International Public Policy?, Vera Gowlland-Debbas
18. Running in Circles - Regionalism in World Trade and How It Will Lead Back to Multilateralism, Meinhard Hilf, Tim Rene Salomon
19. The UN Laissez Passer - Legal Reflections and Managerial Issues, Wolfgang Munch
20. Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force, Hanspeter Neuhold
21. The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members, Anne Peters
22. The International Community and the Developing Countries - The International Community: Factual Interdependencies, Pemmaraju Sreenivasa Rao
23. Implications of the World Financial Crisis - What Role for the UN?, Sabine von Schorlemer
24. Elements of Supranationality in the Law of International Organisations, Werner Schroeder, Andreas Th. Muller
25. Individual States as Guardians of Community Interests, Christian J. Tams
26. Sketching 'Community interest' in EU Law, Friedl Weiss
Placing Human Rights Centre Stage
27. Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah, Orna Ben-Naftali
28. The Specifity of Human Rights and International Law, Benedetto Conforti
29. Architectural Clarity or Creative Ambiguity? - The Place of the Human Rights Council in the Institutional Structure of the United Nations, Bardo Fassbender
30. From Humanitarian Intervention to R2P: Making Utopia True?, Peter Hilpold
31. Denunciation of Human Rights Treaties and the Principle of Reciprocity, Eckart Klein
32. Human Rights and Democracy: Is There a Place for Actual People(s)?, Friedrich Kratochwil
33. Human Security and International Law, Hisashi Owada
34. From Bilateralism to Community Interest - Reservations to Human Rights Treaties: Not an Absolute Evil..., Alain Pellet and Daniel Muller
35. The Relationship between Human Rights and the Rights of Aliens and Immigrants, Riccardo Pisillo Mazzeschi
36. New Bearings to Social Rights? - The Communications Procedure under the ICESCR, Eibe Riedel
37. Self-Determination, Human Rights and the Attribution of Territory, Malcolm N. Shaw
38. Universal Periodic Review: A New System of International Law with Specific Ground Rules?, Christian Tomuschat
39. The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?, Andreas Zimmermann
The Law-Making Function: The Progressive Development of International Law
40. Is there an Austrian Contribution to the Codification of International Law?, Franz Cede, Christina Binder
41. A New Way for Submitting Observations on the Construction of Multilateral Treaties to the ICJ, Giorgio Gaja
42. Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal, Rudolf H. Geiger
43. Is the Topic Responsibility of International Organizations Ripe for Codification? Some Critical Remarks, Gerhard Hafner
44. Business Enterprises in Public International Law - The Case for an International Code on Corporate Responsibility, Andreas Heinemann
45. The Function of the Law and the Codification of the International Law in a Changing World, Maurice Kamto
46. Bilateralism and Community in Treaty Law and Practice - of Warriors, Workers and (Hook-)Worms, Sir Kenneth Keith
47. The Community Interest in the Law of Treaties: Ambivalent Conceptions, Jan Klabbers
48. The ILC facing the Second Decade of the Twenty-first Century, Georg Nolte
49. International Law Needs Development. But Whereto?, Karl Zemanek
The Judicial Function: Balancing Individual and Community Interest
50. The Judge as a Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion, Armin von Bogdandy, Marc Jacob
51. Of Rights and Remedies: Sovereign Immunities and Fundamental Human Rights, Enzo Cannizzaro, Beatrice I. Bonafe
52. Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed "Proportionate Defensive Measures" Admissible in Contemporary International Law?, Olivier Corten
53. Competition among International Tribunals and the Authority of the International Court of Justice, Pierre-Marie Dupuy
54. The Unilateral Secession of Kosovo as Precedent in International Law, Thomas Fleiner
55. The Arbitration Panel for In Rem Restitution and Its Jurisprudence - Extreme Injustice in International Law, Hans-Peter Folz
56. The Right of Access to Justice to Challenge Security Council's Targeted Sanctions: After-Thoughts on Kadi, Francesco Francioni
57. Kosovo and Lotus, Jochen A. Frowein
58. European Civil Procedure and Public International Law, Burkhard Hess
59. Trends and Trials - The Implementation of Consular Rights a Decade After LaGrand, Carsten Hoppe
60. Global Judicial Activism, Fragmentation and the Limits of Constitutionalism in International Law, Robert Howse, Ruti Teitel
61. Balancing Individual and Community Interests - Reflections on the International Criminal Court, Hans-Peter Kaul, Eleni Chaitidou
62. 'A New Legal Order of International Law': On the Relationship between Public International Law and European Union Law after Kadi, Horst G. Krenzler, Oliver Landwehr
63. The International Court of Justice and the Environment: The Recent Paper Mills Case, Guillermo R. Moncayo, Martin Moncayo von Hase
64. The Natural Superiority of Courts, Mary Ellen O'Connell
65. Judicial Redress of War Related Claims by Individuals: the Example of the Italian Courts, Karin Oellers-Frahm
66. From Individual to Community Interest in International Investment Law, Christoph Schreuer, Ursula Kriebaum
67. Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases, Bernardo Sepulveda-Amor
68. Judicial Function: Balancing Individual and Community Interests - Does the European Court of Justice keep the balance in Kadi?, Rudolf Streinz
69. Enforcing Community Interests through International Dispute Settlement: Reality or Utopia?, Rudiger Wolfrum
International Law in Various Contexts
70. Using International Law to Combat Unlawful Targeted Killings, Philip Alston
71. Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes, Andrea Gattini
72. International Law in Recession? - The Role of International Law When Crisis Hits: Food, Finance and Climate Change, Christine Kaufmann
73. Sailing the Wine-Dark Sea - An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People, Daniel-Erasmus Khan
74. A History of the Doctrine of Odious Debts - Serving Individual/Bilateral or Community Interests?, August Reinisch
75. Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests, Peter H. Sand
76. Privatization of Military Flights in the Mesh of International and National Law, Birgit Schmidt am Busch
77. The Impact of Climate Change: Challenges for International Law, Nico Schrijver
78. The ILC's Articles on State Responsibility and the German Federal Constitutional Court, Theodor Schweisfurth
79. Abraham, Jesus and the Western Culture of Justice, Joseph Weiler