‘International Community’, ‘Interdependence’ and All That … Rhetorical Correctness?

Greig, D. W.

doi:10.1093/acprof:oso/9780199245383.003.0023

Cited by 3 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Another, and probably more heroic, possibility is to develop a general theory of sources of international law based on what some authors have called the "international community.,, 75 To some this implies a sort of" acquis communautaire. "76 It could well imply participation by nongovernmental persons and entities, and it could embellish the more traditional concepts of "practice" under agreements or apinio juris, to stretch those frontiers.…”

Section: Perceptions and Reflections: Changing Fundamentals Of Intmentioning

confidence: 99%

Sovereignty-modern: a new approach to an outdated concept

Jackson

2006

Sovereignty, the WTO, and Changing Fundamentals of International Law

View full text Add to dashboard Cite

SOVEREIGNTI-MODERN: A NEW APPROACH TO AN OUTDATED CONCEPT 783 them. 2 However, important questions arise in connection with many treaty details, such as when a treaty-based intemational institution sees its practice and ')urisprudence" evolve over time and purports to obligate its members even though they opposed that evolution. 3 Likewise, treaty making by various "sovereign" entities can be seriously antidemocratic and otherwise tlawed. 4 Like treaties, the other major source ofinternationallaw norms, "customary international law," is theoretically based on the notion of consent, through the "practiCe of states" and "opinio juris."For centuries, practitioners and scholars have debated the impact of customary international law on "holdout" states, and what constitutes a "holdout," but often in the context of rationalizing the notion that consent exists. The ambiguities of these notions are obvious, and form part of a broader mosaic of criticism against the very existence of "customary intemationallaw norms."s The above remarks do not exhaust the complexity of the "sovereignty" concept. This article, however, does not purport to cover all possible dimensions of sovereignty but, instead, focuses primarily on what might be thought of as the core of sovereign'ty-the "monopoly of power" dimension~although it will be clear that even this focus inevitably entails certain linkages and "slop-over penumbra" of the other sovereignty dimensions. This "core" dimension is examined in the context of its roles with respect to intemationallaw and institutions generally, and international relations and related disciplines such as economics. 6 National govemment leaders and politicians, as well as special interest representatives, too often invoke the term "sovereignty" to forestall needed debate. Likewise, intemational elites often assume that "intemational is better" (thus downplaying the importance of sovereignty) and this is not always the better approach. What is needed is a close analysis of the policy framework that gets us away from these preconceived "mantras.,,7 The objective is to shed some light on these policy debates or, in some cases, policy dilemmas, and to describe some of the policy framework that needs to be addressed.

show abstract

Section: Perceptions and Reflections: Changing Fundamentals Of Intmentioning

confidence: 99%

Sovereignty-modern: a new approach to an outdated concept

Jackson

2006

Sovereignty, the WTO, and Changing Fundamentals of International Law

View full text Add to dashboard Cite

show abstract

“…1049 Eighth Report on State Responsibility (Ago) Addendum ibid, 69. This view is endorsed byGreig (1976) op. cit., 887 inKaikobad, op.…”

mentioning

confidence: 96%

The Problem of Enforcement in International Law

Proukaki¹

2009

View full text Add to dashboard Cite

This book explores the contentious topic of how collective and community interests should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-state countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-state countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-state countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic.In taking a thorough view of the issues involved the author identifi es among others concerns about third-state countermeasures which remain unanswered and considers the possible legal ramifi cations arising from a clash between a right to third-state countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law: Countermeasures, the Non-Injured State and the Idea of International Community explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

show abstract

Greening Permanent Sovereignty through the Common Concern in the Climate Change Regime: Awake Custodial Sovereignty!

Scholtz¹

2013

Climate Change: International Law and Global Governance

View full text Add to dashboard Cite

‘International Community’, ‘Interdependence’ and All That … Rhetorical Correctness?

Cited by 3 publications

References 0 publications

Sovereignty-modern: a new approach to an outdated concept

Sovereignty-modern: a new approach to an outdated concept

The Problem of Enforcement in International Law

Greening Permanent Sovereignty through the Common Concern in the Climate Change Regime: Awake Custodial Sovereignty!

Contact Info

Product

Resources

About