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International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (eBook)

Edited by: Federico Lenzerini, Ana Filipa Vrdoljak

ISBN13: 9781782254713
Published: August 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £117.00
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International law has long been dominated by the state. But it has become apparent that this bias is unrealistic and untenable in the contemporary world where the rise of the notion of common goods challenges this dominance.

These common goods - typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) - speak to an emergent international community beyond the society of states and the attendant rights and obligations of non-state actors.

This book details how three key areas of international law - human rights, culture and the environment - are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment).

Each exemplifies the need to move beyond a state-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Subjects:
Human Rights and Civil Liberties, Public International Law, eBooks
Contents:
List of Contributors;
Introduction – Ana Filipa Vrdoljak

Part I – Human Rights
1. The ICJ and Common Goods: The Case of Human Rights – Bruno Simma
2. The Progressive Development of Peoples’ Rights in the African Charter and in the Case Law of the African Commission on Human and Peoples’ Rights – Abdulqawi A Yusuf
3. From Jus in Bello to Jus Commune Humanitatis. The Interface of Human Rights Law and International Humanitarian Law in the Regulation of Armed Conflicts – Federico Lenzerini
4. Human Rights and the Modernization of International Law – Riccardo Pisillo Mazzeschi
5. Reparation for Damage Suffered as a Consequence of Breaches of the Law of War – Natalino Ronzitti
6. Why Justice and Human Rights Require Cosmopolitan International Economic Law – Ernst-Ulrich Petersmann

Part II – Cultural Heritage
7. Human Rights and Cultural Heritage in International Law – Ana Filipa Vrdoljak
8. The Cultural Dimension of the Rights of Indigenous Peoples – Siegfried Wiessner
9. Heritage for Whom? Individuals’ and Communities’ Roles in International Cultural Heritage Law – Lucas Lixinski
10. Underwater Cultural Heritage as an International Common Good – Tullio Scovazzi
11. Public Goods, Foreign Investments and the International Protection of Cultural Heritage – Valentina Vadi
12. New Rules and Procedures for the Prevention and Settlement of Cultural Heritage Disputes: A Critical Appraisal of Problems and Prospects – Alessandro Chechi
13. Revising International Environmental Law through the Paradigm of Ecological Sustainability – Massimiliano Montini
14. Land Degradation as a Common Concern of Humankind – Ben Boer
15. Protecting the Environment of Polar Regions – Patrizia Vigni
16. Public Interest Environmental Litigation and the European Court of Human Rights: No Love at First Sight – Riccardo Pavoni
17. Children’s Rights Challenged by Climate Change: Is a Reconceptualization Required? – Christine Bakker
18. A Human Rights-Based Approach to Climate Change? Insights from the Regulation of Intangible Cultural Heritage – Ottavio Quirico
19. Public and Private in the International Law of Environmental Liability – Emanuela Orlando
20. Protecting Environmental Rights through the Bilateral Agreements of the European Union: Mapping the Field – Elisa Morgera
International Common Goods: An Epilogue – Francesco Francioni
Index

Series: Hart Studies in International Law

Individuals in International Humanitarian Law: A Historical Analysis ISBN 9781509968220
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Complicity in International Criminal Law ISBN 9781509928903
Published May 2019
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Economic Sanctions and International Law ISBN 9781509927524
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Economic Sanctions and International Law (eBook) ISBN 9781782254737
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Complicity and its Limits in the Law of International Responsibility ISBN 9781509926770
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Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
Published December 2018
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£34.99
Security and International Law ISBN 9781509924752
Published October 2018
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£38.99
Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
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Diplomatic Interference and the Law ISBN 9781509924592
Published August 2018
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Non-State Actors in International Law ISBN 9781509917839
Published December 2017
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
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The Contractual Nature of the Optional Clause ISBN 9781509917686
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
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£90.00
International Law and Child Soldiers ISBN 9781509913831
Published January 2017
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£31.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published December 2016
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£29.69
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Complicity in International Criminal Law ISBN 9781509900084
Published December 2016
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£85.00
Economic Sanctions and International Law ISBN 9781849465908
Published October 2016
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Corruption and Human Rights Law in Africa ISBN 9781509908455
Published September 2016
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
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Human Rights and Drug Control: The False Dichotomy (eBook) ISBN 9781509901135
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
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£90.00
Security and International Law ISBN 9781849466349
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Security and International Law (eBook) ISBN 9781782255895
Published June 2016
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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£33.29
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published April 2016
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£37.79
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
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£30.59
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
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£85.00
Non-State Actors in International Law ISBN 9781849465113
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Non-State Actors in International Law (eBook) ISBN 9781509901869
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Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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£33.99
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
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International Law and Child Soldiers ISBN 9781849465205
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International Law and Child Soldiers (eBook) ISBN 9781782254348
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£28.79
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Corruption and Human Rights Law in Africa ISBN 9781849466370
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
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£76.50
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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Promises of States under International Law ISBN 9781849462327
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
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Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
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Africa: Mapping New Boundaries in International Law
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ISBN 9781849461177
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The Democratic Legitimacy of International Law ISBN 9781841138176
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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Africa: Mapping New Boundaries in International Law
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Forced Migration, Human Rights and Security
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
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Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
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Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
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Biotechnology and International Law ISBN 9781841136318
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Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
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Enforcing International Law Norms Against Terrorism
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Regional Organisations and Development of Collective Security ISBN 9781841134802
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
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The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
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