By James Crawford, Sarah Nouwen
This 3rd quantity of the sequence pick out court cases of the eu Society of overseas legislations comprises the lawsuits of the fourth biennial convention equipped through the eu Society of foreign legislations and the collage of Cambridge in 2010. The identify of the convention used to be "International legislations 1989-2010: A functionality Appraisal." The highlights released in quantity three hide a large spectrum of subject matters in foreign legislations.
Read Online or Download Select Proceedings of the European Society of International Law: Third Volume: International Law 1989-2010: A Performance Appraisal: Cambridge, 2-4 September 2010 PDF
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Additional resources for Select Proceedings of the European Society of International Law: Third Volume: International Law 1989-2010: A Performance Appraisal: Cambridge, 2-4 September 2010
I have had fewer opportunities than I would have liked in recent years to be able to join in such discussions. It is a particular pleasure to come back to Cambridge and to this meeting organised by the Lauterpacht Centre for International Law. It is also a pleasure to have this opportunity to participate in the discussion on Andrew Hurrell’s thought-provoking chapter. I had the opportunity of reading it in draft over the past days and it commends itself to careful review for its considered and nuanced appreciation of the state of the international system and the challenges that lie ahead.
In the last two decades, we have learnt the hard way that States’ failure to protect human rights was often not on account of the State’s being too strong for democracy, but because the State was too weak to uphold it. Any weakening of the status and role of the State, as demonstrated in many a case, could only mean more misery and sufferings for individuals, particularly when a constitutional system and democracy are yet to develop. The fact that we place emphasis on the State does not mean we bear any particular preference or liking for the ‘Westphalian order’, it only reminds us that the character of the international legal system has not fundamentally changed.
Indb 21 12/15/2011 10:50:39 AM 22 Daniel Bethlehem and the Westphalian state system and how it is adapting to post-Westphalian challenges. He did not, by design, talk about the international legal system, and its adequacy and the particular challenges that the law may face. And to this, my opening question is whether a performance appraisal of the international system is synonymous with a performance appraisal of international law or of the international legal system. In the end, I do not think it is.