This book explores the extent to which contemporary international law expects states to take into account the interests of others – namely third states or their citizens – when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states.
It systematically considers the various manifestations of what has been described as ‘community interests’ in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
I. Introduction
Introductory remarks, Eyal Benvenisti and Georg Nolte
II. General Overview
1. Identifying Community Interests in International Law: Common Spaces and Beyond, Rudiger Wolfrum
2. Community Interests in International Law: Whose Interests Are They and How Should We Best Identify Them?, Samantha Besson
3. Community Interests in the Identification of International Law – With a Special Emphasis on Treaty Interpretation & Customary Law Identification, Samantha Besson
4. Community Interests in International Adjudication, Eyal Benvenisti
5. What Role for International Organizations in the Promotion of Community Interests? Reflections on the Ideology of Functionalism, Jan Klabbers
6. The International Law Commission and Community Interests, Georg Nolte
III. Community Interests and Natural Resources
7. The Law of the Sea and Natural Resources, Surabhi Ranganathan
8. Law on Natural Disasters: From Cooperation to Solidarity?, Ki-Gab Park
9. International Environmental Law and Community Interests: Procedural Aspects, Jutta Brunnee
10. Cultural Sites Between Nationhood and Mankind, Lorenzo Casini
IV. Community Interests and Global Markets
11. Community Interests in World Trade Law, Christian Tietje & Andrej Lang
12. International Investment Law and Community Interests, Stephan Schill & Vladislav Djanic
13. Community Interests and the Right to Health in Trade and Investment Law, Tania Voon & Andrew Mitchell
14. ‘Community Interests’ and the Role of International Law in the Creation of a Global Market for Agricultural Land, Jochen von Bernstorff
15. Community Interest Obligations in International Energy Law, Danai Azaria
16. Community Interests in International Taxation, Tsilly Dagan
V. Community Interests and State Authority
17. Community Interests in International Migration and Refugee Law, Tally Kritzman-Amir
18. Human Rights Extraterritoriality: The Right to Privacy and National Security Surveillance, Francesca Bignami & Giorgio Resta
19. Socioeconomic Rights, Extraterritorially, Ralph Wilde
20. Human Rights Extraterritoriality: Controlling Companies Abroad, August Reinisch
VI. Community Interests and the Use of Force
21. Common Interests of Humankind and the International Regulation of the Use of Force, Enzo Cannizzaro
22. ‘The Rights and Obligations of Parties to International Armed Conflicts’: From Bilateralism but Not Towards Community Interest?, Janina Dill
23. Rights and Obligations of Third Parties in Armed Conflicts, Heike Krieger
Author Information
Eyal Benvenisti, Whewell Professor of International Law, University of Cambridge Faculty of Law, Georg Nolte, Professor of Public Law and International Law, Humboldt University Berlin
Eyal Benvenisti is Whewell Professor of International Law at the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He is also Professor of Law at Tel Aviv University and Global Visiting Professor at New York University School of Law. He was Visiting Professor at Yale, Harvard, Toronto, Columbia, Pennsylvania, Michigan, and gave a special course at The Hague Academy of International Law (2013). Benvenisti’s areas of research and teaching are international law, constitutional law and administrative law. He is Project Director for the “GlobalTrust – Sovereigns as Trustees of Humanity” research project, funded by an ERC Advanced Grant. Benvenisti is a Member, Institut de droit international, the co-Editor of the British Yearbook of International Law, and also on the Editorial Board of the American Journal of International Law.
Georg Nolte is Professor of Public Law and International Law at Humboldt University Berlin. He was Visiting Fellow at Oxford, Paris II, Wissenschaftskolleg Berlin, and Princeton, and gave a special course at the Hague Academy of International Law (2017). He is a member of the International Law Commission of the United Nations (since 2007), an Associate Member, Institut de droit international, and was President of the German Society of International Law from 2013-2017. His areas of research are international law and constitutional law. He is Principal Investigator in the Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”
Contributors:
Danae Azaria, University College London
Eyal Benvenisti, University of Cambridge; Tel Aviv University; New York University
Samantha Besson, University of Fribourg
Francesca Bignami, George Washington University
Jutta Brunnee, University of Toronto
Enzo Cannizzaro, University of Rome ‘La Sapienza’
Lorenzo Casini, IMT School for Advanced Studies, Lucca
Tsilly Dagan, Bar Ilan University
Janina Dill, University of Oxford
Vladislav Djanic, University of Amsterdam
Jan Klabbers, University of Helsinki; Erasmus Law School, Rotterdam
Heike Krieger, Freie Universitat, Berlin; the Max Planck Institute for Comparative Public Law and International Law
Tally Kritzman-Amir, the College of Law and Business, Israel; Harvard Law School; Hadassah Brandeis Institute
Andrej Lang, Martin Luther University Halle-Wittenberg, Germany
Andrew Mitchell, University of Melbourne
Georg Nolte, Humboldt University, Berlin
Ki-Gab Park, Korea University
Surabhi Ranganathan, University of Cambridge
Giorgio Giorgio Resta, University of Roma Tre
August Reinisch, University of Vienna
Stephan Schill, University of Amsterdam
Christian Christian Tietje Martin Luther University Halle-Wittenberg, Germany
Jochen von Bernstorff, University of Tubingen
Tania Voon, U niversity of Melbourne
Ralph Wilde, University College London
Rudiger Wolfrum, -Max Planck Institute for Comparative Public Law and International Law
