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

Edited by: Federico Lenzerini, Ana Filipa Vrdoljak

ISBN13: 9781849465199
Published: August 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



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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
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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Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights ISBN 9781509947058
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Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights ISBN 9781509940547
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Predictability and Flexibility in the Law of Maritime Delimitation 2nd ed ISBN 9781509912117
Published November 2019
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Arctic Law and Governance: The Role of China and Finland ISBN 9781509930098
Published June 2019
Hart Publishing
£34.99
Complicity in International Criminal Law ISBN 9781509928903
Published May 2019
Hart Publishing
£32.99
Economic Sanctions and International Law ISBN 9781509927524
Published February 2019
Hart Publishing
£37.99
Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published February 2019
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£34.19
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Complicity and its Limits in the Law of International Responsibility ISBN 9781509926770
Published January 2019
Hart Publishing
£39.99
Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
Published December 2018
Hart Publishing
£34.99
Security and International Law ISBN 9781509924752
Published October 2018
Hart Publishing
£38.99
Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
Published September 2018
Hart Publishing
£36.99
Diplomatic Interference and the Law ISBN 9781509924592
Published August 2018
Hart Publishing
£41.99
£31.49
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£90.00
Non-State Actors in International Law ISBN 9781509917839
Published December 2017
Hart Publishing
£74.99
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
Published December 2017
Hart Publishing
£33.99
The Contractual Nature of the Optional Clause ISBN 9781509917686
Published October 2017
Hart Publishing
£41.99
£31.49
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£85.00
£95.00
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
Hart Publishing
£31.49
(ePub)
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
Hart Publishing
£90.00
International Law and Child Soldiers ISBN 9781509913831
Published January 2017
Hart Publishing
£31.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published December 2016
Hart Publishing
£29.69
(ePub)
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Complicity in International Criminal Law ISBN 9781509900084
Published December 2016
Hart Publishing
£85.00
Economic Sanctions and International Law ISBN 9781849465908
Published October 2016
Special offer (limited stock)
£95.00
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published September 2016
Hart Publishing
£32.99
£35.99
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
Published September 2016
Hart Publishing
£95.00
Human Rights and Drug Control: The False Dichotomy (eBook) ISBN 9781509901135
Published August 2016
Hart Publishing
£31.49
(ePub)
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published August 2016
Hart Publishing
£90.00
Security and International Law ISBN 9781849466349
Published June 2016
Hart Publishing
£95.00
Security and International Law (eBook) ISBN 9781782255895
Published June 2016
Hart Publishing
£35.09
(ePub)
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published May 2016
Hart Publishing
£90.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published May 2016
Hart Publishing
£33.29
(ePub)
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
Hart Publishing
£95.00
Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published April 2016
Hart Publishing
£37.79
(ePub)
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£30.59
(ePub)
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£85.00
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£160.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£67.49
(ePub)
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Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£33.99
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£95.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£37.79
(ePub)
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International Law and Child Soldiers ISBN 9781849465205
Published January 2015
Hart Publishing
£85.00
International Law and Child Soldiers (eBook) ISBN 9781782254348
Published January 2015
Hart Publishing
£28.79
(ePub)
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Corruption and Human Rights Law in Africa ISBN 9781849466370
Published July 2014
Hart Publishing
£85.00
Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published July 2014
Hart Publishing
£29.69
(ePub)
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Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£95.00
Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
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£30.59
(ePub)
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
Hart Publishing
£76.50
(ePub)
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£85.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
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£95.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£85.50
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Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£126.00
(ePub)
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Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£140.00
£85.50
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£95.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
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£90.00
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
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£100.00
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International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£150.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£90.00
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£100.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£95.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£90.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£34.19
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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£37.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£39.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£120.00
£140.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£130.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£85.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£100.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
£95.00
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£80.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£85.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£120.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£140.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£130.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
Out of print
£49.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£69.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£95.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£150.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£90.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£130.00
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
ISBN 9781841131290
Published June 2003
Hart Publishing
£190.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£95.00