This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
Professor Detlev Vagts
List of contributors
Foreword: the transnationalism of Detlev Vagts by Harold Hongju Koh
List of cases cited
List of abbreviations and acronyms
Introduction: a Festschrift to celebrate Detlev Vagts' contributions to transnational law by Michael Walbel 1
1 Detlev Vagts and the Harvard Law School by William P. Alford 7
2 Constructing and developing transnational law: the contribution of Detlev Vagts by Henry J. Steiner 10
I International law in general 17
3 áHegemonic international law' in retrospect by Antony Anghie 19
4 Textual interpretation and (international) law reading: the myth of (in)determinacy and the genealogy of meaning by Andrea Bianchi 34
5 The changing role of the State in the globalising world economy by Jost Delbruck 56
6 Sources of human rights obligations binding the UN Security Council by Bardo Fassbender 71
7 Is transnational law eclipsing international law? by Daniel Kalderimis 93
8 Participation in the World Trade Organisation and foreign direct investment: national or European Union competences by Juliane Kokott 108
9 From dualism to pluralism: the relationship between international law, European law and domestic law by Andreas L. Paulus 132
10 Transnational law comprises constitutional, administrative, criminal and quasi-private law by Anne Peters 154
11 Founding myths, international law, and voting rights in the District of Columbia by Siegfried Wiessner 174
12 The tormented relationship between international law and EU law by Ian Wouters 198
13 International law scholarship in times of dictatorship and democracy: exemplified by the life and work of Wilhelm Wengler by Andreas Zimmermann