What's Wrong with International Law?

Editors:Cedric Ryngaert, Ph.D. (Leuven, 2007) is Chair of Public International Law at Utrecht University and has published widely on various questions of international law. His most recent book is Jurisdiction in International Law (OUP 2015, 2nd ed.).Erik J. Molenaar, Ph.D. (Utrecht, 1998) is Deputy Director, Netherlands Institute for the Law of the Sea, Utrecht University and Professor, K.G. Jebsen Centre for the Law of the Sea, University of Tromsø. His research focuses mainly on marine pullution, fisheries and the polar regions.Sarah M.H. Nouwen, Ph.D. (Cambridge, 2010) is Lecturer in Law and Deputy Director of the Lauterpacht Centre for International Law, University of Cambridge, and fellow of Pembroke College. She is the author of Complementarity in the Line of Fire (CUP, 2013).Contributors:Henk Addink, Pieter Bekker, Matthijs de Blois, Irina Buga, Guido den Dekker, John Dugard, John Gamble, Jenny E. Goldschmidt, Thomas Innes, Teun Gaspers, Vivian van der Kuil, Patricia Jimenez Kwast, Kenneth J. Keith, Peter van Krieken, Charlotte Ku, Johan G. Lammers, Brianne McGonigle Leyh, André Nollkaemper, Frans Pennings, M.C.W. Pinto, Rosemary Rayfuse, Jessica N.M. Schechinger, Otto Spijkers, Yoshinobu Takei, Seline Trevisanut, Arie Trouwborst, Ramses A. Wessel

"[The contributors] have presented a book that is an essential reading for any academic and practitioner working in the field of IL. It offers such a wealth of original insight and of proposals for re-interpretation and change that it is far more useful for the daily work of international law than many of the self-declared ‘handbooks’, ‘research handbooks’ or ‘guides’ on IL." - Peter Hilpold, The University of Innsbruck

• International Law as We Know ItPatricia Jimenez KwastPart I: Introductory Observations1 IntroductionCedric Ryngaert, Erik J. Molenaar, Sarah M.H. Nouwen2 Fred Soons: A Pragmatic Trust in International LawAndré Nollkaemper3 An Appreciation of Fred SoonsJohn GamblePart II: What's Wrong with International Law - Specialised AreasSection A: Law of the Sea4 Some Reflections on What's Wrong with the Law of the SeaRosemary Rayfuse5 Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel Against Piracy: Re- emphasizing the Primary Role and Obligations of Flag StatesJessica N.M. Schechinger6 A Sketch of the Concept of Ocean Governance and its Relationship with the Law of the SeaYoshinobu Takei7 Is There Something Wrong with the Increasing Role of Private Actors?Seline Trevisanut8 Limitation of Liability for Maritime Claims and Politics: Curse or Cure?Vivian van der KuilSection B: Dispute Settlement9 Bad Law and a Hard Case? The Impact of the Wall Advisory OpinionMatthijs de Blois10 International Human Rights Implementation: Strengthen Existing Mechanisms, Establish a World Court for Human Rights, or Both?Jenny E. Goldschmidt11 Prohibitions on Dissenting Opinions in International ArbitrationPatricia Jimenez Kwast12 Transnational Human Rights Litigation against Multinational Corporations post-KiobelMenno T. Kamminga13 What is Wrong with International Standards on Social Protection?Frans Pennings14 Corporate Social Responsibility: A New Framework for International Standard SettingTeun JaspersSection C: International Environmental Law15 Caught Napping by (Sea) Wolves: International Wilflife Law and Unforeseen Circumstances Involving the Killer Whale (Orcinus orca) and the Gray Wolf (Canis lupus)Arie Trouwborst)16 What is Wrong with International Environmental Law?Johan G. LammersSection D: Law of Treaties17 A Critical Look at the Law of Treaties: Giving Recognition to Informal Means of Treaty AdaptationIrina Buga18 Absolute Validity, Absolute Immunity: Is There Something Wrong With Article 103 of the UN Charter?Guide den Dekker19 Aspects ofthe Law of TreatiesKenneth J. KeithSection E: Miscellaneous20 Good Governance: A Principle of International LawHenk Addink21 The Right to Peace: A Mischevious DeclarationPeter van Kriekan22 Self-determination and Regional Human Rights Bodies: The Case of Southern Cameroons and the African Commission for Human and Peoples' RightsBrianne McGonigle Leyh23 What's Wrong with the Relationship between the International Court of Justice and the Security Council?Otto SpijkersPart III: What's Wrong with International Law as a Regulatory System?24 What's Wrong with International Law?M.C.W. Pinto25 The Under-appreciated Role of Curial Settlement in International Law Norm-making: Using Transnational Law and Diffusion Studies to Re-Assess the Status of Prior DecisionsPieter Bekker and Thomas Innes26 How and to Whom Do We Explain International Law?John Gamble27 Fragmentation in International Law and Governance: Understanding the Sum of the PartsCharlotte Ku28 Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal EffectsCedric Ryngaert29 Revealing the Publicness of International LawRamses A. Wessel30 What is Wrong with International Lawyers?John Dugard