Achievements of International Law: Essays in Honour of Robin Churchill

Robin Churchill's book explores international law's achievements and limits, discussing misconceptions about its role. It is divided into five parts, covering general international law, human rights, sea law, environmental law, and criminal law. The chapters offer examples of success and limitations, challenging popular misconceptions about international law.

Format: Hardback
Length: 408 pages
Publication date: 26 August 2021
Publisher: Bloomsbury Publishing PLC

The aim of this collection of essays in honor of Robin Churchill is to discuss some key examples of the achievements of international law, with the express aim of exploring both what it has achieved and also its limits. This will serve as a response to the two popular but opposite misconceptions about the role of international law. One view is that international law is too weak to improve the world in any significant way. The other view is that international law is a panacea that can be used to rid the world of many of its ills.

The book is divided into five distinct parts, each reflecting on what international law has achieved within broadly defined substantive areas. It opens with a discussion on general international law and international human rights law, before exploring the law of the sea and fisheries. It then looks at international environmental law before finally examining the use of force and international criminal law. The chapters and the collection overall will provide a contrast to the popular misconceptions about international law by offering examples of both the success and also limitations of it as a system.

General international law and international human rights law:

General international law refers to the body of rules and principles that govern the relations between sovereign states and other entities, such as international organizations and individuals. It encompasses a wide range of issues, including the recognition of states, the delimitation of territorial boundaries, the protection of human rights, the settlement of disputes, and the promotion of international cooperation. International human rights law, on the other hand, is a specific branch of international law that focuses on the protection and promotion of human rights. It sets out the rights and freedoms that individuals are entitled to, such as the right to life, freedom from torture, freedom of speech, and the right to a fair trial.

The achievements of general international law and international human rights law have been significant. For example, the United Nations Charter, which was signed in 1945, established the United Nations as an international organization with the primary objective of promoting peace, security, and cooperation among nations. The Charter also established the principles of sovereign equality, self-determination, and the protection of human rights. Since its adoption, the United Nations has played a crucial role in promoting peace and security in the world, including through the establishment of peacekeeping missions and the promotion of human rights.

However, general international law and international human rights law have also faced challenges. One of the most significant challenges is the lack of enforcement mechanisms. While the United Nations has a robust system of human rights monitoring and reporting, it lacks the power to enforce its resolutions and decisions. This has led to a situation where human rights abuses continue to occur in many parts of the world, without any effective recourse for victims.

Another challenge is the issue of state sovereignty. While states are entitled to exercise their sovereignty, this can sometimes be used as an excuse for human rights abuses. States may argue that they are not bound by international human rights law because they are not part of the United Nations or because they are not signatories to the relevant treaties. This has led to a situation where human rights violations are perpetrated with impunity, particularly in countries that are not held accountable by the international community.

International environmental law:

International environmental law is a branch of international law that focuses on the protection and conservation of the environment. It sets out the rights and obligations of states and other entities to protect and preserve the environment, including the right to clean air, water, and soil, the right to biodiversity, and the right to a healthy environment.

The achievements of international environmental law have been significant. For example, the United Nations Framework Convention on Climate Change, which was signed in 1992, has played a crucial role in addressing the issue of climate change. The Convention sets out the goals and objectives of the global response to climate change, including the reduction of greenhouse gas emissions, the adaptation to the impacts of climate change, and the provision of financial and technical assistance to developing countries. Since its adoption, the Convention has led to the adoption of a series of international agreements and policies, such as the Kyoto Protocol, which aims to reduce greenhouse gas emissions by 2020.

However, international environmental law has also faced challenges. One of the most significant challenges is the issue of climate change. While the United Nations Framework Convention on Climate Change has played a crucial role in addressing the issue, it has not been able to achieve the ambitious goals set out in the Convention. This is due to a combination of factors, including the lack of political will, the resistance of some countries to change, and the financial and technical challenges faced by developing countries.

Another challenge is the issue of biodiversity loss. While international environmental law sets out the rights and obligations of states to protect and preserve biodiversity, it has not been able to prevent the loss of biodiversity. This is due to a combination of factors, including habitat destruction, pollution, and overfishing.

International criminal law:

International criminal law is a branch of international law that focuses on the prosecution and punishment of individuals who commit crimes that transcend national borders. It sets out the rights and obligations of states and other entities to cooperate in the investigation and prosecution of crimes, including the right to extradition and the right to a fair trial.

The achievements of international criminal law have been significant. For example, the International Criminal Court (ICC) has played a crucial role in addressing the issue of genocide, war crimes, and crimes against humanity. The ICC has prosecuted individuals responsible for these crimes, including the leaders of the Rwandan genocide and the leaders of the Khmer Rouge in Cambodia. The ICC has also played a role in promoting the rule war crimes, and crimes against humanity, and in promoting the rule of law in countries that have been affected by these crimes.

However, international criminal law has also faced challenges. One of the most significant challenges is the issue of state sovereignty. While states are entitled to exercise their sovereignty, this can sometimes be used as an excuse for human rights abuses. States may argue that they are not bound by international criminal law because they are not part of the ICC or because they are not signatories to the relevant treaties. This has led to a situation where human rights violations are perpetrated with impunity, particularly in countries that are not held accountable by the international community.

Conclusion:

In conclusion, this collection of essays in honor of Robin Churchill aims to discuss some key examples of the achievements of international law. While international law has made significant progress in addressing a range of issues, it has also faced challenges. The lack of enforcement mechanisms, the issue of state sovereignty, and the issue of climate change are some of the most significant challenges that international law faces. However, by offering examples of both the success and also limitations of international law, this collection aims to provide a contrast to the popular misconceptions about international law.

International law is a complex and multifaceted system that plays a crucial role in shaping the world we live in. It has the potential to promote peace, security, and cooperation among nations, but it also faces challenges that must be addressed. By understanding the achievements and limitations of international law, we can work towards a more just and sustainable world.

Weight: 756g
Dimension: 311 x 242 x 30 (mm)
ISBN-13: 9781509917372