"L'être situé," effectiveness and purposes of international law
Subtitle: essays in honour of Professor Ryuichi Ida
By: edited by Shotaro Hamamoto, Hironobu Sakai, Akiho Shibata
Contributors: Ida, Ryūichi, honouree
Publisher: Brill Nijhoff
Published: 2015
Place of publication: Leiden; Boston
Language: eng; fre
Number of pages: 299
ISBN-13: 9789004268883; 9789004294288
Subjects: International law; Foreign trade regulation
Description: The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context &#x96; an 'êtat situé' &#x96; and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire&#x92;s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations.
Notes: Includes bibliographical references and index.
Table of contents: title: L'etat situe dans le droit international de l'investissement  / Shotaro Hamamoto; title: "L'etat situe" in the context of the accession of developing countries to the WTO / Tomonori Mizushima; title: The functional approach in le droit international de developpement : a theoretical appraisal / Zhian Wang; title: Emerging economies and international economic law : a case study on Thailand / Sakda Thanitcul; title: Universal jurisdiction in a context : from dialectic to dialogue / Mari Takeuchi; title: Running many FTAs is like balancing between many bicycles : a multidimensional comparison of institutional provisions in Japan's FTAs /  Tomohiko kobayashi; title: Provisional measures in investor-state dispute settlement : reappearance of community of investment interests? / Dai Tamada; title: New relationship between the United Nations regional organizations in peace security : a case of the African Union / Hironobu Sakai; title: International and domestic laws in collaboration : an effective means of environmental liability regime-making / Akiho Shibata; title: New perspectives on soft law : towards more effective regime governance / Tatsuya Abe; title: The defence of necessity as customary international law : the fisheries jurisdiction case (Spain v. Canada) re-examined / Takuhei Yamada; title: Catching up with society-what, how, and why : the regulation of the UN Security Council's targeted sanctions / Machika Kanetake.