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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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An Emerging International Public Policy?

An Emerging International Public Policy?

Chapter:
(p.241) An Emerging International Public Policy?
Source:
From Bilateralism to Community Interest
Author(s):

Vera Gowlland-Debbas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0018

The concept of international public policy is undoubtedly vague, with a content to be determined by the practice of States and the international community. This chapter illustrates its emergence by pointing to the way in which human rights have gained central stage and infiltrated into such areas as international humanitarian law and collective security — but this is also evidenced by their penetration into other functional regimes such as international criminal law and even investment law. There are of course other areas such as that of the environment which have produced fundamental norms which international organizations have found difficult to ignore. Of course, this process has raised its own challenges and calls for a healthy dose of scepticism, such as awareness of the pitfalls of ‘droit de l'hommisme’ (Alain Pellet) and the ‘darker sides of virtue’ (David Kennedy). Nevertheless, the interactions between functional regimes should be examined within a new conceptual legal framework which has seen the juxtaposition of community interests alongside inter-State interests.

Keywords:   international law, bilateralism, international legal system, public policy

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