Mandatory Cooperation Under International Law

Evan J. Criddle; Evan Fox-Decent

doi:10.1017/9781009304993

Humanity in the twenty-first century faces serious global challenges and crises, including pandemics, nuclear proliferation, violent extremism, refugee migration, and climate change. None of these calamities can be averted without robust international cooperation. Yet, national leaders often assume that because their states are sovereign under international law, they are free to opt in or out of international cooperation as they see fit. This book challenges conventional wisdom by showing that international law requires states to cooperate with one another to address matters of international concern-even in the absence of treaty-based obligations. Within the past several decades, requirements to cooperate have become firmly embedded in the international legal regimes governing oceans, transboundary rivers, disputed territories, pollution, international security, and human rights, among other topics. Whenever states address matters of common concern, international law requires that they work together as good neighbors for their mutual benefit. This title is also available as Open Access on Cambridge Core.

‘Criddle and Fox-Decent suggest an intriguing possibility: that over the last century an obligation of cooperation has emerged in international law, an obligation that permeates international law today. Required reading in daunting times.'

Frédéric Mégret - Professor and Hans & Tamar Oppenheimer Chair in Public International Law, McGill University

‘Exhibiting an impressive breadth of historical and legal scholarship, Criddle and Fox-Decent's carefully argued account of international law inspires at a time when hope is in high demand but in short supply.'

Andreas Føllesdal - Professor of Political Philosophy, University of Oslo

‘Today, interdependent lives and international law demand working together. This comprehensive, illuminating study surveys why, in this age of existential challenges, ‘mandatory cooperation’ has evolved from an oxymoron into a standing obligation of international law.’

Harold Hongju Koh - Sterling Professor of International Law, Yale Law School, and former Legal Adviser, U.S. Department of State

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Contents

Mandatory Cooperation Under International Law
pp i-ii
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Mandatory Cooperation Under International Law - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Epigraph
pp v-v
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Dedication
pp vi-vi
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Contents
pp vii-viii
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Preface
pp ix-xvi
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Acknowledgments
pp xvii-xviii
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Abbreviations
pp xix-xx
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1 - Introduction: From Sovereign Equality to Mandatory Cooperation
pp 1-40
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Part I - Conflicting Sovereignties
pp 41-150
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2 - Rivers
pp 43-68
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3 - Oceans
pp 69-94
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4 - Landlocked States
pp 95-110
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5 - Pirates, Terrorists, and Hackers
pp 111-132
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6 - Pollution
pp 133-150
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Part II - Collective Stewardship
pp 151-224
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7 - Climate Change
pp 153-174
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8 - Common and Disputed Territories
pp 175-196
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9 - Peace, Security, and Human Rights
pp 197-224
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Part III - Future Directions
pp 225-317
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10 - Refugees
pp 227-249
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11 - Extraterritorial Lawmaking
pp 250-270
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12 - Mandatory Dispute Resolution
pp 271-298
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13 - Conclusion
pp 299-317
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Index
pp 318-326
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