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Realizing Utopia
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Realizing Utopia: The Future of International Law

The Late Antonio Cassese

Abstract

This book is a collection by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements — even if minor, hidden, or emerging — that are likely to lead to future changes or improvements. Finally, the chapters suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some ma ... More

Keywords: legal construct, world society, international law, national legal orders, jurists, legal problems, international community

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199691661
Published to Oxford Scholarship Online: September 2012 DOI:10.1093/acprof:oso/9780199691661.001.0001

Authors

Affiliations are at time of print publication.

The Late Antonio Cassese, editor
Former President, Special Tribunal for Lebanon

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Contents

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PART I CAN THE WORLD BECOME A GLOBAL COMMUNITY?

PART II WHAT LAWMAKING TOOLS SHOULD BE USED TO BRING ABOUT THE NEEDED CHANGE?

PART III CAN INTERNATIONAL LEGAL IMPERATIVES BE MORE EFFECTIVELY BROUGHT INTO EFFECT?

(A) THE INTERPLAY OF INTERNATIONAL AND NATIONAL LAW

(B) MAJOR OBSTACLES TO STATES’ COMPLIANCE

(C) THE ROLE OF INTERNATIONAL JUDICIAL BODIES

(D) SUPERVISION AND FACT-FINDING AS ALTERNATIVES TO JUDICIAL REVIEW

PART IV WHAT LAW SHOULD BE CHANGED?

(A) ENHANCING THE LAWFUL USE OF FORCE TO MEET MODERN CHALLENGES

(B) OTHER GLOBAL PROBLEMS BADLY IN NEED OF SUBSTANTIVE LEGAL REGULATION

(C) RESTRAINING ARMED VIOLENCE IN INTERNATIONAL AND INTERNAL ARMED CONFLICT

PART V CAN INTERNATIONAL AND DOMESTIC JUSTICE PLAY A MORE INCISIVE ROLE?

PART VI CONCLUSION

End Matter