Collected Courses of the Xiamen Academy of International Law, Volume 3 (2010)

New Trends of International Law in the Era of Globalization,
Stephan Hobe;
Globalization is a social, economic and political phenomenon. As international law is deeply connected with these areas of human activity, it is not surprising that it has not remained unaffected by globalization. This contribution seeks to unearth the manifold ways in which globalization challenges international law and the law’s reaction, ranging from globalization’s impact on its foundational structures to the more concrete influence on normative developments. This survey of modern international law reveals that while the legal system has already responded to many of globalization’s challenges, more is still needed. It concludes that in order to take the next step, we need to rethink the old concept of sovereignty and enrich it with an element of responsibility, leading towards an “international law of globalization”.
Tradition versus Harmonization in the Recent Reforms of Contract Law,
Ole Lando;
It is desirable and possible to prepare a Global Code which will harmonize the laws of contracts between parties having their places of business in different countries.
Globalization has entered the law of contracts. The Unidroit Principles of International Commercial Contracts (PICC), 3d edition, appeared in June 2011. Today the UPICC is only soft law. The UPICC, however, should become part of a Global Code which as CISG should become binding on the courts. The other parts of the Code should consist of special rules relating to the most important kinds of commercial transactions. Some of these rules already exist as conventions as CISG and model laws adopted in the UNCITRAL and Unidroit.

Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century,
Ernst-Ulrich Petersmann;
The contribution ‘Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century’ discusses the diverse conceptions of international economic law, the human rights dimensions of economic law, and the regulatory failures underlying the current crises in international economic and environmental regulation. The diverse Anglo-Saxon, Asian and European conceptions of human rights and of economic regulation reflect, at least in part, ‘reasonable disagreement’ among libertarian, egalitarian, communitarian, utilitarian and constitutional conceptions of economic regulation and must be respected and mutually reconciled within the limits of legitimate ‘constitutional pluralism’ and the customary methods of international treaty interpretation.

International Law: A System of Relationships,
Malcolm N. Shaw, QC;
This General Course is a wide-ranging and thoughtful contribution to the nature and role of international law today. It focuses upon international law as based on relationships and communication. Seeing international law through the prism of evolving interactions emphasises that the system is enduring, complex and relative to the pressures facing it. Many legitimate interests are involved, from power to deep values at both a domestic and international level. The work commences with the connection between legality and legitimacy that goes to the heart of the international legal system and proceeds to deal with the relationships between international law and domestic law, taking English law as the example; between people and territory; and between international and regional organisations.

The International Law of Watercourses: New Dimensions,
Patricia Wouters
Sharing the world’s freshwater resources across national boundaries presents complex challenges, especially in the current reality of growing uncertainties (economic, social, and environmental) around the globe. How does international law support the management of transboundary waters in ways that promote regional peace and security and the fundamental freedoms of all? This work provides an overview of the evolution and current statues of international water law, introducing a legal analytical framework for examining state practice in this field of law, with a focus on Asia – where emerging water insecurity threatens more than half of the world’s total population. Following an examination of the legal regimes covering shared watercourses across this diverse region, the study highlights current issues around water security.