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Protecting Community Interests through International Law (Paperback)
Loot Price: R2,136
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Protecting Community Interests through International Law (Paperback)
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This edited volume analyzes the function and role of international
law in a framework of increased global governance by focusing on
how 'community interests' are articulated and protected and how
global public goods are provided in various domains. The chapters
analyze the concept of 'community interests' and the adequacy and
effectiveness of the institutional framework and mechanisms
established under international law to protect and safeguard them.
The volume is divided into four parts and begins with a preface by
Judge Bruno Simma, who has pioneered work in this area. The first
part of the book addresses some general issues, such as defining
community interests, examining various forms of governance at the
juncture of public and private international law, and whether
international law and international courts are effective in
providing so-called 'public goods'. Part II shifts the focus onto
global commons and concerns, such as the accommodation and
balancing of community interests under the UN Convention on the Law
of the Sea, the potential for international organisations to
protect said interests through countermeasures in responses to
violations of erga omnes obligations, the prevention and punishment
of corruption by large corporations, and the importance of good
governance of natural resources in conflict-affected regions. Some
key human rights and security-related issues are analyzed in Part
III, such as the right to self-determination and prolonged
occupation of Palestinian territory, foreign terrorist fighters and
their return to their countries of origin, and the peasant rights
movement and its exposition of diverging interests as protected
under human rights law. Part IV concludes, outlining three
potential research agendas concerning collective human security,
collective natural resources, and world cultural heritage. The
comprehensive impact of community interests visible today reveals a
fundamental tension in contemporary international law - between the
need to make international law adequately express and support what
are assumed to be universally held moral beliefs and the need to
make it firmly reflect its political context. This book
demonstrates that international law research on the formulation and
protection of community interests, combined with multi- or
inter-disciplinary approaches, can provide useful insights and
answers to important questions for the future of humankind.
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