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The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 156 reports on, amongst others, the 2012 Provisional Measures Order of the International Tribunal for the Law of the Sea in The ARA Libertad (Argentina v. Ghana) together with the 2013 judgment of the Supreme Court of Ghana on the immunity of warships, the 2013 judgment of the European Court of Human Rights in Vinter and Others v. United Kingdom, and the 2011 and 2012 judgments of the English High Court in Mutua and Others v. Foreign and Commonwealth Office.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 157 reports on, amongst others, the International Court of Justice Legality of Use of Force cases, the December 2013 Final Award and Decision on the Request for Clarification of the Court of Arbitration in the Indus Waters Kishenganga Arbitration, and the Translation of the German Decision of the Federal Prosecutor General to Terminate Proceedings in the Aerial Drone Deployment case.
This volume brings together articles on international development law from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resource for scholars, students, and practitioners of international development law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
With the resurgence of Asian nations such as China, current West-centric international law is changing in the twenty-first century. There is a pressing need to address these changes within international legal studies and overcome potential conflicts between existing and emerging powers. This structural transformation also demands a change in understanding of existing ideas and institutions. This book explores a 'trans-civilizational' approach to international law, supplementing and modifying two other prevalent perspectives: international and transnational. By considering these three layered viewpoints, this book highlights the complex phenomena surrounding the history and development of international law. The author also considers how international law operates and functions within diverse forums such as diplomatic negotiation, international organizations, and domestic political processes. This book will appeal to international law scholars and students, as well as those interested in the rise of non-Western powers and its impact on the prevalent ideas and institutions of the world.
Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.
Scholars have long argued that transparency makes international rule violations more visible and improves outcomes. Secrets in Global Governance revises this claim to show how equipping international organizations (IOs) with secrecy can be a critical tool for eliciting sensitive information and increasing cooperation. States are often deterred from disclosing information about violations of international rules by concerns of revealing commercially sensitive economic information or the sources and methods used to collect intelligence. IOs equipped with effective confidentiality systems can analyze and act on sensitive information while preventing its wide release. Carnegie and Carson use statistical analyses of new data, elite interviews, and archival research to test this argument in domains across international relations, including nuclear proliferation, international trade, justice for war crimes, and foreign direct investment. Secrets in Global Governance brings a groundbreaking new perspective to the literature of international relations.
For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stability of states, and governments and international organizations have been quick to expand past experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This book sets out the law applicable to co-operation between states in these areas, and investigates the relevant practice and case law. It discusses both the civil and criminal dimensions of international co-operation. The new edition incorporates the vast number of developments that have taken place since the previous edition published in 2002, including the European Union's resolve to build an area of freedom, security, and justice, and the recent major update of the Commonwealth Scheme.
During the early to mid-twentieth century, the Zionist Organization secured a series of political victories on the international stage, leading to the foundation of a Jewish state and to its ability to expand its territorial control within Palestine. The International Diplomacy of Israel's Founders provides a revisionist account of the founding of Israel by exposing the misrepresentations and false assurances of Zionist diplomats during this formative period of Israeli history. By comparing diplomatic statements at the United Nations and elsewhere against the historical record, it sheds new light on the legacies of such leaders as Chaim Weizmann, David Ben Gurion, Abba Eban, and Shabtai Rosenne. Including coverage of little-discussed moments in early Israeli history, this book offers an important new perspective for anyone interested in the history of the Israeli-Palestinian conflict.
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
This forty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 1 January 2008 - 18 March 2009. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.
This forty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the Extraordinary Chambers in the Courts of Cambodia between 2007 and 2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 161 reports on, amongst others, the 2014 Opinion 2/13 of the Court of Justice of the European Union concerning the Accession of the European Union to the European Convention on Human Rights, the 2008 Order and 2011 Judgment of the International Court of Justice in the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) and related cases before the European Court of Human Rights, and the 2014 judgment of European Court of Human Rights in Hassan v. United Kingdom.
The spread of violent extremism, 9/11, the rise of ISIL and movement of 'foreign terrorist fighters' are dramatically expanding the powers of the UN Security Council to govern risky cross-border flows and threats by non-state actors. New security measures and data infrastructures are being built that threaten to erode human rights and transform the world order in far-reaching ways. The Law of the List is an interdisciplinary study of global security law in motion. It follows the ISIL and Al-Qaida sanctions list, created by the UN Security Council to counter global terrorism, to different sites around the world mapping its effects as an assemblage. Drawing on interviews with Council officials, diplomats, security experts, judges, secret diplomatic cables and the author's experiences as a lawyer representing listed people, The Law of the List shows how governing through the list is reconfiguring global security, international law and the powers of international organisations.
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi's forces. In invoking the "responsibility to protect," the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and specifies that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
In telling the story of an innovative program based at Iowa State University, Lorna Michael Butler, Della McMillan, and their colleagues offer practical, step-by-step advice critical for any organization seeking to fund and manage multifaceted, public-private partnerships for development. The story begins when the College of Agriculture and Life Sciences at ISU received large gifts from alumni and friends with a strong interest in Africa. Using that transformative funding, the university established the Center for Sustainable Rural Livelihoods (CSRL) and entered into collaborative, long-term relationships with a university and an NGO in Uganda. Tapping Philanthropy for Development draws on the partners' experiences to provide a unique roadmap for effectively navigating the challenges involved in obtaining nontraditional funding - and in using it well.
Under what conditions does a post-conflict government have authority? What challenges to its legitimacy does it face? To what standards can it be held accountable? Via case studies of Sierra Leone and Afghanistan, and detailed accounts of extant international law, Matthew Saul explores the international legal framework which regulates popular governance of post-conflict reconstruction.
Littoz-Monnet provides a fresh analysis of the enmeshment of expert knowledge with politics in global governance, through a unique investigation of bioethical expertise, an intriguing form of 'expert knowledge' which claims authority in the ethical analysis of issues that arise in relation to biomedicine, the life sciences and new fields of technological innovation. She makes the case that the mobilisation of ethics experts does not always arise from a motivation to rationalise governance. Instead, mobilising ethics experts - who are endowed with a unique double-edged authority, both 'democratic' and 'epistemic' - can help policy-makers manoeuvre policy conflicts on scientific and technological innovations and make their pro-science and innovation agendas possible. Bioethical expertise is indeed shaped in a political and iterative space between experts and those who do policy. The book reveals the mechanisms through which certain global governance narratives, as well as the types of expertise they rely on, remain stable even when they are contested.
How do international organizations procure goods, services and works to carry out their institutional mission? How does this procurement activity affect individuals? Does the procurement relationship between international organizations and private subjects bring an even distribution of rights and duties? Are international organizations accountable to private subjects and states when allocating their resources through procurement? The book explores the complex phenomenon of procurement by international organizations from the point of view of the relationship between international organizations and private subjects. It provides, for the first time, a systematization and conceptualization of the emerging rules and practices of procurement by international organizations. It also identifies the international political dynamics and interplay of interests underlying these rules and practices. In doing so, it shows how these dynamics shape the exercise of international public authority over private subjects, and the scope of private subjects' rights vis-a-vis international organizations.
This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial. The book takes as its starting point claims that financial traders 'caused' the 2007-8 global food crisis by speculating in financial instruments linked to the prices of staple grains. The introduction of new regulations to curb the 'excesses' of the financial sector in order to protect the food insecure reinforces the dominant perception that law can solve the problem. Chadwick investigates a number of different legal regimes spanning public international law, international economic law, transnational governance, private law, and human rights law to gather evidence for a counterclaim: law is part of the problem. The character of the contemporary global food system-a food system that is being progressively 'financialized'-owes everything to law. If world hunger is to be eradicated, Chadwick argues, then greater attention needs to be paid to how different legal regimes operate to consistently privilege the interests of the wealthy few over the needs of poor and the hungry.
Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
In the last five years the topic of cyber warfare has received much attention due to several so-called "cyber incidents" which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction. This book is written for academics in public international law and practitioners from the military and other public security sectors.
This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
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