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The United States, International Law, and the Struggle against Terrorism
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush–Cheney adminis- tration during the so-called “war on terrorism” and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extrajudicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements that have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties that all modern democracies face in trying to combat international terrorism....
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SOURCEBOOK ON PUBLIC INTERNATIONAL LAW
States and law faculties of higher educational institutions are encouraged to include international law as a core subject in their curricula. They are also encouraged to introduce courses in international law for students studying law, political science, social sciences and other relevant disciplines; they should study the possibility of introducing topics of international law in the curricula of schools at the primary and secondary levels. They should also consider introducing public international law courses geared towards career training and the establishment of clinical programmes in various areas of international law. Co-operation between institutions at the university level among developing countries, on the one hand, and their co-operation with those...
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The Challenge of Conflict
hese excellent papers derived from contributions to the International Law Conference held in Adelaide in February 2004 deal with the principal aspects of modern armed conflict: the causes and prevention of conflict, conflict resolution and peace building, the law applicable in armed conflict (international humanitarian law, international criminal law, and state responsibility), and the roles of the United Nations, humanitarian organisations and peacekeepers. It is necessarily a wide rang- ing survey, since armed conflict (which used to be termed “war”) nowadays encom- passes or engages all these aspects....
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GENOCIDE IN INTERNATIONAL LAW The Crime of Crimes
The legal questions involved in studying genocide draw on three areas of law: human rights law, international law and criminal law. These are all subjects that I have both taught and practised. This alone ought to be sufficient to explain my interest in the subject. But there is more. Of the three great genocides in the twentieth century, those of the Armenians, the Jews and Gypsies, and the Tutsi, my life has been touched by two of them.
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Book International Law and International Relations
This volume is intended to help readers understand the relationship between international lawand international relations (IL/IR). As a testa- ment to this dynamic area of inquiry, newresearch on IL/IR is nowbeing published in a growing list of traditional law reviews and disciplinary journals. The excerpted articles in this volume, all of which were first published in International Organization, represent some of the most important research since serious social science scholarship began in this area more than twenty years ago. They are important milestones toward making IL/IR a central concern of scholarly research in international affairs. The contributions have been selected to cover some of the main topics of international affairs...
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Enforcing International Law Norms Against Terrorism
The scale and horror of recent terror attacks and the panic which ensued throughout the world has forced policy-makers and international lawyers to re-examine international legal tools available to enforce norms against terrorism. The magnitude of the attacks, the modalities of the operations, the profiles of the terrorists and the transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism. Due to this perception, governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism, freezing assets of terrorist organisations, and promulgating national secu- rity measures designed to...
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How International Law Works
I n June 1993, Jose ErnestoMedellin participated in the rape andmurder of two girls in Houston, Texas. He was subsequently arrested by the Texas police, and informed themthat he was aMexican national.He was convicted of murder in September 1994 and sentenced to death in Oc- tober of the same year. Medellin appealed to the Texas Court of Crimi- nal Appeals, which affirmed both the conviction and the sentence.
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Non-Governmental Organisations in International Law
Non-governmental organisations (NGOs) are playing an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, Anna-Karin Lindblom explores the rights, obligations, locus standi and consultative status of NGOs. This investigation is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a...
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INTERNATIONAL LAW AND ITS OTHERS
Institutional and political developments since the end of theColdWar have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constrain- ing power, representing universal values and governing relations between sovereign states. This book brings together scholars who draw on jurispru- dence, philosophy, legal history and political theory to analyse the stakes of this turn to international law. These essays explore the history of relations between international law and those it defines as other – other traditions (theology, philosophy, morality, economics), other logics (sacrifice, war, despotism, calculation), other forces (God, desire, markets, imperialism) and other groups...
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Handbook of International Law
A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law relating to the environment, human rights and terrorism is discussed....
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PHILOSOPHY OF INTERNATIONAL LAW
Normally a preface will give a list of the names of friends who have taken the trouble to read drafts of the manuscript, but I have found myself spontaneously adopting a slightly different and, I believe, more rigorous course. In the final stages of writing, over the last two years or so, I have accepted offers to participate in workshops where I could attempt a dry run of my ideas. As a consequence the work has had considerable feedback, but a price of participation is that versions of parts of the work have been published or are being published....
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THE HUMAN DIMENSION OF INTERNATIONAL LAW
This book is a collection ofwritings ofAntonio Cassese on international humani- tarian law, human rights law, and international criminal law. It aims to shed light on the intellectual approach to these branches of international law taken by one of the most original and creative lawyers of his generation.
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Imperialism, Sovereignty and the Making of International Law
This book examines the relationship between imperialism and international law. It argues that colonial confrontation was central to theformation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the ‘civilizing mission’ -- the project of governing non-European peoples. Racial discrimination, cultural subordination and economic exploitation are constitutively significant for the discipline, rather than aberrations that have been overcome by modern international law. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period...
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Spanish Yearbook of International Law
Introduction. II. Background to reform Act 36/2002 on Spanish nationality. III. Main modifications regarding acquisition and loss of Spanish nationality. A) Relating to the right of option. B) Relating to acquisition through residence. C) Relating to loss of nationality: 1. Exception to loss of Spanish nationality through the “declaration of conservation”. 2. Exception to loss of foreign nationality through non-renunciation. D) Other modifications deriving from Act 36/2002. IV. Conclusions...
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Mobilizing for Human Rights
This volume argues that international human rights law has made a positive con- tribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth A. Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. By several measures, civil and political rights, women’s rights, the right not to be tortured in government detention, and children’s rights improve,...
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The Palestine Yearbook of International Law
This volume of the Yearbook is devoted to the theme of international criminal jus- tice, a fast-developing area of international law with immediate relevance to Palestine and the Palestinians. From the late 1980s, Palestinian human rights organizations in the Occupied Territories were invoking the duties of High Contracting Parties to the Fourth Geneva Convention 1949 to ‘seek out and pros- ecute’ perpetrators of grave breaches of the Convention, urging the exercise of universal jurisdiction by third party states in defence of the most basic rights of the civilian population, under attack by the Occupying Power. In 2001, survivors of the Sabra and Shatila massacre lodged complaint against Ariel...
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Democratic Accountability and the Use of Force in International Law
The spread of democracy to amajority of the world’s states and the legit- imization of the use of force by multilateral institutions such as NATO and the UNhave been two key developments since the Second World War. In the last decade these developments have become intertwined, as multilateral forces moved from traditional peacekeeping to peace en- forcement among warring parties. This book explores the experiences of nine countries (Canada, France, Germany, India, Japan, Norway, Russia, the United Kingdom, and the United States) in the deployment of armed forces under the UN and NATO, asking who has been and should be accountable to the citizens of these nations, and to...
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Local Remedies in International Law Second Edition
In the preface to the first edition of this book I wrote: In the introductory chapter of this book I have attempted to justify its publica- tion in spite of the apparently vast literature that already exists on the subject. It is hoped that it will not be regarded as yet another book on local remedies. The primary intention was to bring some element of clarification to and fresh insight into a rather confused but inviting area of the law of State Responsibility. This is all the more important now, particularly in view of the great increase of the flow of investment across national frontiers and the...
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Enforcing Obligations Erga Omnes in International Law
The concept of obligations erga omnes – obligations owed to the international community as awhole – has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International...
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International Law in Antiquity
This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes, and doctrines of international legal obligation in antiquity to reevaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient State relations – diplomacy, treaty-making, and warfare – in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-States (500–338 BCE), and Rome (358–168 BCE). Containing up-to-date literature and archeological evidence, this study does not merely catalogue instances of recognition by ancient States of these seminal features of...
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Statehood and the Law of Self-Determination
This book was written as a thesis for the Doctorate of Laws, Leiden University. I am most grateful, first of all, to my supervisor, Professor Peter Kooijmans. Throughout my working at this study he allowed me to make use of his wisdom while at the same time affording inspiration and freedom. He never permitted his demanding task as a Judge at the International Court of Justice to stand in the way of discussing my thesis with me for many hours. I also wish to express my profound gratitude to Professor John Dugard, who acted as referent. I benefited very much from his wise suggestions and advice....
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THE UNITED NATIONS: States vs International Laws
The United Nations has had either a bad press or no press in the US media. As a result, Americans who read only the mainstream newspapers and the con- ventional magazines, and who listen only to the major television and radio pro- grams, are misinformed or uninformed as to why the UN does what it is reputed to do, or fails to do what it is expected to do. This volume points out that the United Nations structure was basically US designed at Dumbarton Oaks in 1944. The UN functions the way it does because American leaders planned it that way. The...
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THE THREAT OF FORCE IN INTERNATIONAL LAW
For a long time the subject of threats of force between states as a distinct field of study was surprisingly neglected both by international lawyers and, even, by international relations scholars. From the legal side Romana Sadurska’s 1988 article, ‘Threats of Force’, is one of the few items devoted to the issue, and its argument that there is a significant legal difference between a use and a threat of force under article 2(4) of the United Nations Charter was not widely accepted. In the Nuclear Weapons Opinion (1996) the International Court of Justice glossed over any possible distinctions between use and threat – despite their importance for the theory...
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THE IMPACT OF INTERNATIONAL LAW ON INTERNATIONAL COOPERATION
The point of departure of this book is that the disciplines of international law and international relations are inexorably inter-linked. Neither can be understood properly in isolation. Like every legal system that operates in aspecificsocietal system, international law functions in the international system. International law grows out of the international society: it reflects the particular character of this society, and it also affects the relationships among the actors in this system. At the same time, international law pro- duces norms that influence, if not shape, the behavior of international actors....
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The Changing International Law of High Seas Fisheries
This book examines the international law of high seas ®sheries in the light of the negotiations of the Third United Nations Conference on the Law of the Sea, the state and international practice that followed, and its in¯uence on the 1995 Straddling Stocks Agreement. The 1995 Agreement and related developments are discussed in detail, particularly in terms of conservation and management problems, the interactions with the exclusive economic zone, and the introduction of environmental perspectives that have led to major conceptual changes in the legal approach to ®sheries and practical solutions in the ®eld. Questions relating to compliance, enforcement, and dispute settlement are also discussed....
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Intellectual Property and Traditional Cultural Expressions in a Digital Environment
Christoph Antons is Professor of Comparative Law and Director, Centre for Comparative Law and Development Studies in Asia and the Pacific (CLDSAP), University of Wollongong, Australia; QEII Fellow, Australian Research Council; Adjunct Research Fellow, Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich; Senior Fellow (Graduate Program), Faculty of Law, University of Melbourne. Recent book publications include Globalisation and Resistance: Law Reform in Asia since the Crisis (Hart, 2007; co-edited with Volkmar Gessner) and Law and Development in East and Southeast Asia (Routledge Curzon, 2003)....
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EUROPEAN COMPETITION LAW ANNUAL 2005: The Interaction between Competition Law and Intellectual Property Law
When Claus-Dieter Ehlermann asked me in late December 2004 whether I would be willing to contribute to the 10th Annual Competition Law and Policy Workshop, I was not quite sure whether he was about to offer me a Christmas gift or another Dardanians’ present. 1 After all, the relationship between the protection of intellectual property and the maintenance of free competition is the subject of an age-old debate2 to which I had already con- tributed too much, with too little impact. Mainstream thinking had changed direction twice over time, and missed the middle ground again just when it was about to find it. 3 So why again set foot in...
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Innovation, Competition and Consumer Welfare in Intellectual Property Law
Gustavo Ghidini has an excellent grasp of both the principles and the many specific provisions underlying intellectual property law in Italy and Europe. Nevertheless, he is neither a dogmatist nor an exegete immersed within the horizon of the texts he reads. He has a powerful vision of the politics of law, regularly setting it out in his premises and grounding it in his interpretation of current principles, which he justifies. He then projects it in his examination of concepts and individual regulations, which sometimes corroborate it but in other cases refer back to it, and on yet other occasions contradict it – at which point Ghidini observes that...
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Privacy, Property and Personality
The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual’s identity and in balan- cing such rights with the competing interests of freedom of expression and freedom of competition. The discrete patterns of development in the major common law and civil law jurisdictions are outlined, together with an analysis of the basic models of protection. The analysis will be useful for...
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Enforcing Intellectual Property Rights
The title should say it all. This is not a law book though lawyers should find it useful. Much less is it a students’ book though it does no harm for students to see how the law works in practice. The purpose of this book is to guide businessmen and women through the maze of IP law so that they avoid mistakes that have threatened the livelihoods and, occasionally, ruined the lives of many of their number.
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