The Reality of International Law Essays in

This collection takes its title from Brownlie's personal contribution to the development of the subject. His commitment to international law as a system for the regulation of affairs between states has long been characterized by a strong sense of ideals, political and human, but also by an awareness of what law is in practice, what is achievable, and what remains to be done.

GUY-GOODWIN-GILL is Professor of International Refugee Law at Oxford University
STEFAN TALMON is Wissenschaftlicher at Tubingen University

Biographical Note

xv

Select Bibliography

xvii

List of Contributors

xxiii

Table of Cases

xxvii

Table of Treaties

xxxvii

Abbreviations

xliii

The Effective Enforcement of High Seas Fishing Regimes: The Case of the Convention for the Regulation of the Policing of the North Sea Fisheries of 6 May 1882

1

(20)

Kaare Bangert

The Legal Premises for the International Protection of Human Rights

21

(16)

Chaloka Beyani

A Taste of Armageddon: The Law of Armed Conflict as Applied to Cyberwar

37

(20)

James J. Busuttil

Rethinking Panama: International Law and the US Invasion of Panama, 1989

57

(38)

Simon Chesterman

Israel (1948--1949) and Palestine (1998--1999): Two Studies in the Creation of States

95

(30)

James Crawford

The Place of Non-Forcible Counter-Measures in Contemporary International Law

125

(28)

Omer Yousif Elagab

Maritime Delimitation after Denmark v. Norway: Back to the Future?

153

(24)

Malcolm D. Evans

The Utilization of International Groundwater in General International Law

177

(22)

Ximena Fuentes

Crime in International Law: Obligations Erga Omnes and the Duty to Prosecute

199

(26)

Guy S. Goodwin-Gill

Adjudicatory Jurisdiction over Multilateral Enterprises: `Lifting the Veil' in the EU and the USA

225

(18)

Joseph P. Griffin

The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law

243

(30)

Bing Bing Jia

State Responsibility and the 1948 Genocide Convention

273

(20)

Nina Jorgenson

The Quality of Justice: `Exces de Pouvoir' in the Adjudication and Arbitration of Territorial and Boundary Disputes

293

(30)

Kaiyan Homi Kaikobad

Operational Policies of International Institutions as Part of the Law-Making Process: The World Bank and Indigenous Peoples

323

(20)

Benedict Kingsbury

From Reform to Realism: The Council of Europe

343

(8)

Errki Kourula

Governance and Co-ordination in Conflict and Post-Conflict Situations: Challenge or Maze?

351

(10)

Pirrko Kourula

Legal Limits to United Nations Security Council Powers

361

(28)

Susan Lamb

Defences in the Jurisprudence of International Tribunals

389

(24)

Phoebe N. Okowa

The Protection of Human Rights in Emergency Situations under Customary International Law

413

(26)

Jaime Oraa

International Criminal Environmental Law

439

(16)

Rene Provost

International Obligations Erga Omnes: Their Moral Foundation and Criteria of Identification in Light of Two Japanese Contributions

455

(24)

Maurizio Ragazzi

Habeas Corpus and the Canadian Charter of Rights and Freedoms

479

(20)

Robert J. Sharpe

Who is a Legitimate Government in Exile? Towards Normative Criteria for Governmental Legitimacy in International Law

499

(40)

Stefan Talmon

Resource Entitlement in the Law of the Sea: Some Areas of Continuity and Change

539

(26)

Stephen Vasciannie

Forum Prorogatum and the Indication of Provisional Measures in the International Court of Justice

565

(20)

Sienho Yee

Index

585

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The Reality of International Law Essays in Honour of Ian Brownlie

Summary

Author Biography

Table of Contents

Supplemental Materials