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OPTIMAL PROTECTION OF INTERNATIONAL LAW
Assume, for a moment, that the necessary tools are available to induce or even force states to comply with international law. In such a state of affairs, how strongly should international law be protected? More specifically, how easy should it be to change international law? Should treaties be specifically performed or should states be given an opportunity to “pay their way out”? In the event of states violating their commitments, what kind of back-up enforcement or sanctions should be imposed?...
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Uncertainty in International Law
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self- defence under the United Nations Charter, customary international law and the interpretation of treaties....
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THEGLOBAL ENVIRONMENT AND INTERNATIONAL LAW
Those who have followed the attempts in Rio de Janeiro, The Hague, Nairobi, Stockholm, Montreal, Kyoto, Buenos Aires, and Johannesburg to construct an international law of the environment have witnessed an intense, active, colorful, fascinating, and often confusing drama. They may have wondered whether the sometimes circuslike sessions involving heads of state and indigenous people and observers actually can produce what they understand to be effective law. Many legal specialists also question the contribution of the immense outpouring of instruments created to address global environmental degradation in the last several decades....
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The Protection of the Right to Education by International Law
This book originated as a doctoral thesis at the Ludwig-Maximilians- Universität in Munich, Germany. Writing this preface concludes several years of hard but exciting work. It took me three years to produce the thesis, which I handed in on 3 April 2003. Subsequently, I updated the manuscript so that the text of this book reflects the state of the law as on 15 March 2005. Certain earlier-dated legal materials not accessible to me as on the latter date have not been taken into account. It has been my ambition to deal with the topic of the book in a comprehensive manner, i.e. to cover all salient issues concerning...
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Information Warfare and International Law
National Defense University's Directorate of Advanced Concepts, Technologies and Information Strategies (ACTIS) and School of Information Warfare and Strategy (SIWS) are pleased to inaugurate a new series of publications by the National Defense University Press intended to explore the evolving relationship between the law and information warfare. The emerging debate over information warfare and the information component of national power has frequently emphasized technological issues with scant regard for the legal environment in which the Information Age is occurring, yet this may obscure some very real and unsettling legal issues that will have to be solved in order...
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A Foucauldian Approach to International Law Descriptive Thoughts for Normative Issues
The purpose of this book is to offer alternative conceptions regarding the operation and potential role of international law within the international system. Via various notions proposed by Michel Foucault concerning our methodological modes of perception and the role of discourse formations, coupled with his approaches to power and knowledge, this book will shed light on inherent inconsistencies, and begin to propose some form of solutions, for a range of key topics within international law. ...
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THE INTERNATIONAL LAW ON FOREIGN INVESTMENT
Given recent seismic upheavals in the world’s money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah’s classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market-oriented economics to regulatory controls. By offering thought-provoking anal- ysis of not only the law, but related developments in economics...
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INTERNATIONAL LAW FIFTH EDITION
This fifth edition ofMalcolm Shaw’s bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject. This leading text has been fully revised and updated to Spring 2003 to take account of new developments in the field. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals pays special attention to the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on International Humanitarian Law. Also examined are arbitration tribunals set up for dispute settlement and the role of international institutions such...
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INTERNATIONAL LAW Sixth edition
MalcolmShaw’s engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increas- ingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis inte- grated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course cov- erage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent...
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PROMOTING JUSTICE, HUMAN RIGHTS AND CONFLICT RESOLUTION THROUGH INTERNATIONAL LAW
Le 30 septembre 2006, le juge Lucius Caflisch a pris sa retraite de profes- seur de droit international à l’Institut universitaire de hautes études inter- nationales, après avoir formé durant plus de trois décennies plusieurs générations d’étudiants en provenance de toutes les régions du monde. Il fut également le directeur de cette institution entre 1984 et 1990.
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Atrocity, Punishment, And International Law
In Atrocity, Punishment, and International Law, Mark Drumbl rethinks how per- petrators of atrocity crimes should be punished. After first reviewing the sentencing practices of courts and tribunals that censure genocide, crimes against humanity, and war crimes, he concludes that these practices fall short of the goals that interna- tional criminal law ascribes to punishment, in particular retribution and deterrence. This raises the question whether international prosecutorial and correctional prefer- ences are as effective as we hope. Drumbl argues that the pursuit of accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. He calls for fresh thinking to confront the...
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Custom, Power and the Power of Rules International Relations and Customary International Law
This book sets out to explain the most foundational aspect of interna- tional law in international relations terms. By doing so it goes straight to the central problem of international law – that although legally speaking all States are equal, socially speaking they clearly are not. As such it is an ambitious and controversial book which will be of interest to all interna- tional relations scholars and students and practitioners of international law.
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Corporate Responsibility under the Alien Tort Statute
h is book was accepted by the Faculty of Law of the University of Hamburg as the dissertation for my doctorate in law in the spring of 2008. It was updated to its current form for publication. I owe special thanks to Prof. Dr. Dr. h.c. Rüdiger Wolfrum, professor of international law at the University of Heidelberg, director of the Max Planck Institute for Comparative Public Law and International Law and judge at the International Tribunal for the Law of the Sea, for his supervision and timely review of my submissions and his support when I was a senior research...
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Maritime Security International Law and Policy Perspectives from Australia and New Zealand
This volume reflects the work of the Trans-Tasman Maritime Security Project, which comprises a group of Australian and New Zealand scholars with back- grounds in international law, international relations and maritime security. Our aim has been to identify the issues that particularly affect Australia and New Zealand’s maritime security and to undertake research that evaluates those issues from legal and political perspectives, and propose methods for improving mari- time security in the two countries. While the focus of the work is Australia and New Zealand, the scope extends to regional considerations (addressing matters related to Pacific island states, South East Asia and the Antarctic and sub- Antarctic region), strategic...
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THE INTERNATIONAL LAW OF RESPONSIBILITY FOR ECONOMIC CRIMES
The problem of ‘Grand’ Corruption (I prefer the term ‘indigenous spoliation’ or ‘patrimonicide’ because both capture the exceptional gravity and magnitude of the plunder of national resources that takes place), the misuse of public power by high- ranking state officials for private gain, has finally been ‘outed.’ The veil that once shrouded this subject from public view, particularly the probing view of multilateral institutions and national legislatures, is now lifted. It has taken over ten years to get here. When the first edition of this work was published in 1995 there was only a solitary multilateral convention against corruption by public...
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The International Law of Environmental Impact Assessment
The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information-rich decision-making settings to bring about environmentally benign outcomes.
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Self-defense in Islamic and International Law
There are many works focusing on terrorism and, after September 11, 2001, Islamic terrorism. Writers tend to address the issue of terrorism from the per- spective of their personal background. In many instances, it is easily discern- able whether a work is written from a Western or a Muslim perspective. In two respects, however, this book combines both perspectives. First, I am looking at it from both Islamic and international legal perspectives. Second, I write as someone who was born into and brought up in the Islamic tradi- tion and, since 2001, has earned a living in the West....
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HUMAN DIGNITY AND THE FOUNDATIONS OF INTERNATIONAL LAW
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law.
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AKEHURST’S MODERN INTRODUCTION TO INTERNATIONAL LAW
A Modern Introduction to International Law by the late Professor Michael Akehurst was first published in 1970. Passing through six editions, it became a classic among student textbooks within departments of law and political science alike and it has been translated into Spanish, Portuguese, Japanese and Chinese. Since the last edition in 1987, however, due to the author’s death, the text has been merely reprinted without change and, in view of the manifold new developments in international law and international relations in the ten years that have passed since the sixth edition, especially after the end of the Cold War, it became outdated. While I have therefore sought to build...
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THE IRAQ WAR AND INTERNATIONAL LAW
The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State have brought into sharp focus fundamental fault lines in international law. The deci- sion to invade, the conduct of the war and occupation, and the mechanisms used to administer the country all challenge the international legal community, placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime...
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PEACE TREATIES AND INTERNATIONAL LAW IN EUROPEAN HISTORY
In the formation of the modern law of nations, peace treaties played a pivotal role.Many basic principles and rules that governed and still govern the relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and...
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International law, rights and politics
Recent political upheavals in Eastern Europe have led to a proliferation of new states on the world scene. This has, in many instances, led to deep, international concern about rising nationalism and these countries’ relations with one another. Rein Müllerson’s book is concerned with the interplay of international law and politics in the changing international system. The author discusses, in the light of events in Eastern Europe and the former USSR, such issues as: the non-use of force, non-interference in internal affairs, the self-determination of peoples, the protection of minorities, the role of nationalism in inter-ethnic conflicts, and human rights in posttotalitarian societies. Controversial issues of continuity and succession of states...
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AN INTRODUCTION TO THE INTERNATIONAL LAW OF ARMED CONFLICTS
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject matters discussed are: the relationship between jus ad bellum and jus in bello; the historical evolution of international humanitarian law; the basic principles and sources of international humanitarian law; Martens clause; international and non-international armed conflicts; material, spatial, personal and temporal scope of the application of inter- national humanitarian law;...
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THE PHILOSOPHY OF INTERNATIONAL LAW
International law has recently emerged as a thriving field of philosophical inquiry. This volume contains twenty-nine cutting-edge essays by thirty-three leading philosophers and international lawyers. An introduction co-authored by the two editors sets the scene by identifying the value of developing the philosophy of international law, addressing some of the main challenges it confronts, and presenting the aims of the volume together with a brief summary of the essays included in it. The ultimate goal is to help shape an agenda for future research in a burgeoning field....
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International Law and Armed Conflict: Exploring the Faultlines
On behalf of the contributors, we offer this Volume in friendship, respect and admiration for Professor Yoram Dinstein. No-one familiar with his wide-ranging work in the field can feel anything but awe for his contribution to the clarifica- tion and development of international law. To us, Yoram has also been a selfless, albeit – as anyone who knows him well understands – demanding, mentor, one who has sharpened our understanding of, and ability to think critically about, the law. Along with many others, we have also benefited over the years from his eru- dition on a range of subjects well beyond international...
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United States Practice in International Law Volume I: 1999–2001
International law practitioners and scholars frequently encounter difficulties in “finding” the factual elements and normative components that serve as the building blocks for the sources of international law.While treaties as an authoritative source of international law present the fewest problems, the same cannot be said of the other two sources. To determine the existence of a customary rule of international law, for example, one must locate relevant state practice, and test that practice against standards of uniformity, consistency, and the requirement of opinio juris. Proof of the existence of a general principle of international law typically requires identifying relevant and comparable principles applicable in the world’s major...
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THE DEVELOPMENT OF HUMAN RIGHTS LAW BY THE JUDGES OF THE INTERNATIONAL COURT OF JUSTICE
The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international prob- lems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore...
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Time, History and International Law
In an article written in the second volume of the American Journal of International Law in 1908, Lassa Oppenheim was to reflect upon the various tasks that he believed needed to be undertaken in the development of the ‘science of interna- tional law’, 1 foremost amongst which was the ‘exposition of existing recognized rules of international law’. 2 He was to maintain, however, that in order to satisfac- torily fulfil that task, scholars necessarily had to have ‘a knowledge of the history of the rules concerned’. 3 But on this score there was much to be done:...
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INTERNATIONAL LAW ON THE LEFT
Against expectations that the turn away fromstate socialismwould initiate aturnaway from Marxist thought, recent years have seen a resurgence of interest inMarxism and its reassessment by a new generation of theorists. This book pursues that interest with specific reference to international law. It presents a sustained and ground-breaking exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing ofMarxismfor the analysis of inter- national trade law and human rights, and the significance for interna- tional legal enquiry of such...
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INTERNATIONAL LAW AND INTERNATIONAL RELATIONS
This volume examines the opportunities for, and initiates work in, interdiscipli- nary research between the fields of international law (IL) and international rela- tions (IR), two disciplines that have, for much of the post WWII era, engaged relatively little with one another. With contributions from IL and IR scholars as well as policy practitioners, the book’s unique approach is that it is organized not only around practical case studies, but around four discrete policy chal- lenges: responses to terrorism after September 11, 2001, controlling the flow of small arms and light weapons, addressing the demands of internally displaced persons, and responding to the call for international criminal accountability....
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