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The Protection of General Interests in Contemporary International Law: A Theoretical and Empirical Inquiry

Edited by: Massimo Iovane, Fulvio M. Palombino, Daniele Amoroso, Giovanni Zarra

ISBN13: 9780192846501
Published: August 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors.

The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.

Public International Law
A. Introduction
1: The Protection of General Interests in Contemporary International Law: Some Introductory Remarks
Massimo Iovane, Fulvio M. Palombino, Daniele Amoroso, and Giovanni Zarra
B. General Notions
2: Common Areas, Global Commons, and Common Concern
Nilufer Oral
3: Fundamental Values and International Law
Massimo Iovane and Pierfrancesco Rossi
4: Commons, Democracy, and Global (Economic) Governance: Exploring a Triangular Relationship
Samuel Cogolati and Jan Wouters
C. Global Public Goods
5: A Global Public Good? An Empirical Perspective on International Investment Law and Arbitration
Daniel Behn, Ole K. Fauchald, and Malcolm Langford
6: Can Public Goods be Protected When 'the Sovereign Sleeps'? Why Does the EU Fail to Protect Fundamental Rights in Transatlantic Free Trade Agreements?
Ernst-Ulrich Petersmann
7: Water as an Impure Global Public Good and the Impact of Procedural Rights on its Protection
Fulvia Staiano
D. Global Commons
8: Protecting the Atmosphere as a Global Common: Challenges and Constraints in Contemporary International Law
Christine Bakker
9: The Cyberspace as Common Heritage of Mankind
Antonio Segura Serrano
10: The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage
Francesca Capone
E. Fundamental Values
11: Enhancing ICJ Procedures in Order to Promote Fundamental Values: Overcoming the Prevailing Tension Between Bilateralism and Community Interests
Paula Almeida
12: Community Interests in World Trade Law
Christian Tietje and Andrzej Lang
13: Cultural Heritage and Common Heritage, The Changing Role of States and International Organisations Ana Filipa Vrdoljak
F. Global Governance
14: A New Law of Cooperation: Collective Action, International Organizations, and Fragmentation
Peter Tobias Stoll
15: The UN Sustainable Development Goals and the Governance of Global Public Goods: The Quest for Legitimacy
Winfried Huck
16: Fences, Fiction, and the Magic Mountain: Responsibility-sharing for Refugees in Europe
Dana Schmalz
17: Disasters: An Additional (Legal) Dimension for the Protection of Cultural and Natural Heritage
Giulio Bartolini

Series: European Society of International Law

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Published February 2021
Oxford University Press
How International Law Works in Times of Crisis ISBN 9780198849667
Published October 2019
Oxford University Press
Select Proceedings of the European Society of International Law ISBN 9781849465328
Published January 2016
Hart Publishing
Select Proceedings of the European Society of International Law (eBook) ISBN 9781782253440
Published January 2016
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Select Proceedings of the European Society of International Law, Volume 3, 2010 ISBN 9781849462020
Published January 2012
Hart Publishing