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Solidarity and Community Interests: Driving Forces for the Interpretation and Development of International Law; General Course on Public International Law by Rüdiger Wolfrum.
References to legal regimes serving the interests of the community of States have become quite frequent, less so references to regimes guided by the principle of solidarity. The General Course undertook to analyze the relevant regimes. This analysis established contours on what are the essential features of community interests and the principle of solidarity. It identified three types of community interests.
In a further step, the Course assessed as to whether the traditional international norm- making as well as its implementation system meet the challenges resulting from the dedication to community interests or to the principle of solidarity. It concludes that these regimes have had a significant impact upon the international normative order. International regimes are developed in stages; non-legally binding norms initiate and guide on a principled level such norm making. Non-legally binding norms occasionally substitute legal regimes. New actors besides States and international organizations influence the development international norms and new fora have emerged initiating norms or develop them progressively. These normative developments have had an influence on the relevant international implementation/enforcement systems. The Course identifies a clear shift from confrontational means of enforcement to non-confrontational ones.
Finally, the Course identified that the existing international dispute settlement system is only beginning to meet the challenges posed by community oriented regimes. The possibility to bring a case before an international court or tribunal is still dominated by the dogma that such action can only be brought by States, which can claim the violation of their individual interests. The International Court of Justice eroded this dogma in its Order of January 2020 concerning the dispute between The Gambia and Myanmar.
References to legal regimes serving the interests of the community of States have become quite frequent, less so references to regimes guided by the principle of solidarity. The General Course undertook to analyze the relevant regimes. This analysis established contours on what are the essential features of community interests and the principle of solidarity. It identified three types of community interests.
In a further step, the Course assessed as to whether the traditional international norm- making as well as its implementation system meet the challenges resulting from the dedication to community interests or to the principle of solidarity. It concludes that these regimes have had a significant impact upon the international normative order. International regimes are developed in stages; non-legally binding norms initiate and guide on a principled level such norm making. Non-legally binding norms occasionally substitute legal regimes. New actors besides States and international organizations influence the development international norms and new fora have emerged initiating norms or develop them progressively. These normative developments have had an influence on the relevant international implementation/enforcement systems. The Course identifies a clear shift from confrontational means of enforcement to non-confrontational ones.
Finally, the Course identified that the existing international dispute settlement system is only beginning to meet the challenges posed by community oriented regimes. The possibility to bring a case before an international court or tribunal is still dominated by the dogma that such action can only be brought by States, which can claim the violation of their individual interests. The International Court of Justice eroded this dogma in its Order of January 2020 concerning the dispute between The Gambia and Myanmar.
Price: $199.00
Pages: 494
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Collected Courses of The Hague Academy of International Law - Recueil des cours
Publication Date:
28 July 2021
ISBN: 9789004468276
Format: Hardcover
Rüdiger Wolfrum, born on 13 December 1941 in Berlin, Germany. Education: High school education (Abitur, 1962); military service (Navy 1962-1964); law studies at Bonn and Tübingen (1964-1969); graduation to Doctor iuris and conclusion of legal training (1973); Habilitation, venia legendi for national public and international public law (University of Bonn, 1980).
Academic positions: Professor of National Public and International Public Law at University of Mainz, Faculty of Law and Economics (May 1982-November 1982); Professor Chair of National Public and International Public Law, University of Kiel, Law Faculty, and Director of the Institute of International Law (December 982-April 1993); Visiting Professor at the University of Minnesota, Law School, teaching international environmental law and the law concerning Antarctica (August/September 1987, 1990, 1993); Director at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and Professor of National Public and International Public Law at Heidelberg University, Faculty of Law (May 1993-December 2012); Honorary Professor of the Faculty of Law, University of Hamburg (since October 2002); Visiting Lecturer at Yale Law School, teaching law of the sea and international humanitarian law together with Professor M. Reisman (February 2011); Managing Director of Max Planck Foundation for International Peace and the Rule of Law (January 2013-December 2020); Membre Associé of the Institut de Droit International (since 2007).
Legal career: International Tribunal for the Law of the Sea (Judge, 1996-2017; Vice-President, 1996-1999; President, 2005-2008); Member of the International Environmental Board of Arbitration (since 2001); The Hague (2005-2008); Presiding Arbitrator of the Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) arbitral tribunal (2010-2014); Member of the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) (2011-2015); Presiding Arbitrator of the *Mohamed Abdel Raouf Bahgat v. The Arab Republic of Egypt) arbitral tribunal (2012-2018); Member of the Between the Republic of the Philippines v. the People’s Republic of China with respect to the dispute with China over maritime jurisdiction of the Philippines in the west Philippines Sea (Philippines v. China) arbitration (2013-2016); Member of the Atlantic Scandian Herring Arbitration Arbitral (The Kingdom of Denmark in respect of the Faroe Islands v. The European Union) (2014-2015); Member of the Conciliation Commission Constituted under Annex V to the 1982 United Nations Convention on the Law of the Sea between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (2016-2018); Presiding Arbitrator of the Fynerdale Holdings B.V. (Netherlands) v. Czech Republic arbitral tribunal (since 2018); Member of the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. The Russian Federation) arbitral tribunal (since 2019).
Other honours: Doctor honoris causa of the Russian Academy of Sciences, Moscow (1999); Doctor honoris causa of the Shihutug Law College, Ulan Bator, Mongolia (1999); Honorary Member of the Mongolian Academy of Sciences (since 2006); Honorary Professor of the Faculty of Law of the University of Pretoria (2010-2015); Doctor honoris causa of the National University of Cuyo in Mendoza, Argentina (2017).
Academic positions: Professor of National Public and International Public Law at University of Mainz, Faculty of Law and Economics (May 1982-November 1982); Professor Chair of National Public and International Public Law, University of Kiel, Law Faculty, and Director of the Institute of International Law (December 982-April 1993); Visiting Professor at the University of Minnesota, Law School, teaching international environmental law and the law concerning Antarctica (August/September 1987, 1990, 1993); Director at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and Professor of National Public and International Public Law at Heidelberg University, Faculty of Law (May 1993-December 2012); Honorary Professor of the Faculty of Law, University of Hamburg (since October 2002); Visiting Lecturer at Yale Law School, teaching law of the sea and international humanitarian law together with Professor M. Reisman (February 2011); Managing Director of Max Planck Foundation for International Peace and the Rule of Law (January 2013-December 2020); Membre Associé of the Institut de Droit International (since 2007).
Legal career: International Tribunal for the Law of the Sea (Judge, 1996-2017; Vice-President, 1996-1999; President, 2005-2008); Member of the International Environmental Board of Arbitration (since 2001); The Hague (2005-2008); Presiding Arbitrator of the Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) arbitral tribunal (2010-2014); Member of the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) (2011-2015); Presiding Arbitrator of the *Mohamed Abdel Raouf Bahgat v. The Arab Republic of Egypt) arbitral tribunal (2012-2018); Member of the Between the Republic of the Philippines v. the People’s Republic of China with respect to the dispute with China over maritime jurisdiction of the Philippines in the west Philippines Sea (Philippines v. China) arbitration (2013-2016); Member of the Atlantic Scandian Herring Arbitration Arbitral (The Kingdom of Denmark in respect of the Faroe Islands v. The European Union) (2014-2015); Member of the Conciliation Commission Constituted under Annex V to the 1982 United Nations Convention on the Law of the Sea between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (2016-2018); Presiding Arbitrator of the Fynerdale Holdings B.V. (Netherlands) v. Czech Republic arbitral tribunal (since 2018); Member of the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. The Russian Federation) arbitral tribunal (since 2019).
Other honours: Doctor honoris causa of the Russian Academy of Sciences, Moscow (1999); Doctor honoris causa of the Shihutug Law College, Ulan Bator, Mongolia (1999); Honorary Member of the Mongolian Academy of Sciences (since 2006); Honorary Professor of the Faculty of Law of the University of Pretoria (2010-2015); Doctor honoris causa of the National University of Cuyo in Mendoza, Argentina (2017).