This book gathers together 20 articles written by Professor Reisman, representative of his contribution to international scholarship. They are divided into six parts: jurisprudence, international law, war, human rights, international organizations and international investment law.
目錄:
Contents
Part Ⅰ Jurisprudence
A Jurisprudence from the Perspective of the Political Superior 3
The Tormented Conscience: Applying and Appraising Unauthorized Coercion 29
Myth System and Operational Code 75
On the Causes of Uncertainty and Volatility in International Law 97
Part Ⅱ International Law
The Democratization of Contemporary International Law-Making Processes and the Differentiation of Their Application 123
International Law Making: A Process of Communication 140
Unilateral Action in an Imperfect World Order 172
Part Ⅲ War
Stopping Wars and Making Peace: Reflections on the Ideology and Practice of Conflict Termination in Contemporary World Politics 193
Assessing Claims to Revise the Laws of War 255
Holding the Center of the Law of Armed Conflict 271
Part Ⅳ Human Rights
Acting Before Victims Become Victims: Preventing and Arresting Mass Murder 287
Humanitarian Intervention: Politics and Prudence 323
Why Regime Change Is Almost Always a Bad Idea 338
Part Ⅴ International Organizations
The United States and International Institutions 357
The Constitutional Crisis in the United Nations 383
New Scenarios of Threats to International Peace and Security:Developing Legal Capacities for Adequate Responses 412
Towards a Normative Theory of Differential Responsibility for International Security Functions: Responsibilities of Major Powers 446
Part Ⅵ International Investment Law
Negotiating Investment Treaties:Mechanisms for Anticipating and Controlling Textual Drift 465
The Question of Unilateral Governmental Statements as Applicable Law in Investment Disputes 479
Case Specific Mandates versus Systemic Implications: How Should Investment Tribunals Decide? 497
Canute Confronts the Tide: States versus Tribunals and the Evolution of the Minimum Standard in Customary International Law 529