ABSTRACT

This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect 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.

chapter |12 pages

Introduction

part |84 pages

Theoretical Aspects of the Implementation Processes

part |114 pages

Diversity and Complexity of the Institutionalized Implementation Process

chapter |20 pages

UN Reform 2005 and Beyond

Conceptualization, Institutionalization and Implementation

chapter |22 pages

Legitimization of Measures to Secure Effectiveness in UN Peacekeeping

The Role of Chapter VII of the UN Charter

chapter |24 pages

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

part |164 pages

Coordination of Legal Regimes and Systems in the Implementation Process

chapter |34 pages

Effective Implementation of International Environmental Agreements

Learning Lessons from the Danube Delta Conflict

chapter |20 pages

The Principle of Complementarity in Reality

Who Actually Applies It and in What Way under the ICC System?

chapter |34 pages

Implementation of Article VI of the 1967 Outer Space Treaty

The Responsible State and Appropriate State for Private Space Activities

chapter |28 pages

How to Design an International Liability Regime for Public Spaces

The Case of the Antarctic Environment

part |84 pages

Diversification of Actors in the Implementation of International Public Interests