Chapter

An Emerging International Public Policy?

Vera Gowlland-Debbas

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0018
An Emerging International Public Policy?

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The concept of international public policy is undoubtedly vague, with a content to be determined by the practice of States and the international community. This chapter illustrates its emergence by pointing to the way in which human rights have gained central stage and infiltrated into such areas as international humanitarian law and collective security — but this is also evidenced by their penetration into other functional regimes such as international criminal law and even investment law. There are of course other areas such as that of the environment which have produced fundamental norms which international organizations have found difficult to ignore. Of course, this process has raised its own challenges and calls for a healthy dose of scepticism, such as awareness of the pitfalls of ‘droit de l'hommisme’ (Alain Pellet) and the ‘darker sides of virtue’ (David Kennedy). Nevertheless, the interactions between functional regimes should be examined within a new conceptual legal framework which has seen the juxtaposition of community interests alongside inter-State interests.

Keywords: international law; bilateralism; international legal system; public policy

Chapter.  8049 words. 

Subjects: Public International Law

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