Public Interest Rules of International Law

1. General Observations
2. Diversification of Implementation Processes and Changing Concepts of Effectiveness: From a Factor-based to a Process-based Approach
3. Multifaceted Conceptions of Implementation and the Human Rights Approach
4. UN Reform 2005 and Beyond: Conceptualization, Institutionalization and Implementation
5. Legitimization of Measures to Secure Effectiveness in UN Peacekeeping: The Role of Chapter VII of the UN Charter
6. Security Council Resolution 1540 and International Legislation
7. Proportionality as a Norm of Application for the Precautionary Principle: Its Significance for the Operation of the Precautionary Regime for Land-based Marine Pollution in the North-West Atlantic
8. The Role of Diplomatic Protection in the Implementation Process of Public Interests
9. Effective Implementation of Intersecting Public International Regimes: Environment, Development and Trade Law
10. Effective Implementation of International Environmental Agreements: Learning Lessons from the Danube Delta Conflict
11. The Principle of Complementarity in Reality: Who Actually Applies It and in What Way under the ICC System?
12. Implementation of Article VI of the 1967 Outer Space Treaty: The Responsible State and Appropriate State for Private Space
13. How to Design an International Liability Regime for Public Spaces: The Case of the Antarctic Environment
14. International Economic Law and the Basel Committee on Banking Supervision – An Alternative Form of International Law-making?
15. Corporate Social Responsibility and Its Implications for Public International Law
16. Privatization of Childcare as a Way of Implementing Young Children’s Rights: The Recommendations of the Committee on the Rights of the Child and Their Implications for Japan

This book seeks to clarify factors that play an important role in securing the effectiveness of legal regimes that aim at protecting public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area