This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Thomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states.

Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus--as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.

In 1998 the Council of Europe Framework Convention for the Protection of National Minorities entered into force. This study evaluates how the standards of the Framework Convention function in reality and whether the interests of minorities are best served by this form of protection by the international community. The author assesses the use of international principles on rights for minorities in Slovakia, Romania and Bulgaria, three states with a difficult socio-economic situation and large minority populations. Two specific principles embodied in the Framework Convention are focused upon. The first, the principle of non-discrimination, is discussed with regard to the Roma minority in Slovakia, Romania and Bulgaria, the Muslim minority in Bulgaria, and in relation to the Benes Decrees affecting the Hungarians and German minority in Slovakia. The second principle, protection of linguistic rights, is discussed in relation to the Hungarian minority in Slovakia and Romania and to the Roma minorities. Specific to this book: * Provides a detailed examination of the Council of Europe Framework Convention for the Protection of National Minorities, which entered into force in 1998 * Looks specifically at the minorities of Slovakia, Romania and Bulgaria * Of particular interest in light of the recent accession of other Eastern European countries to the European Union

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Jo Bac's groundbreaking legal study asks why and how the United States legal system should grant legal personhood to artificial intelligence (AI). This new legal status of AI is visualized as a dependent person, and the AI dependent legal person would be determined by an inextricable connection between AI and a new type of corporate body, introduced here as "AI-Human Amalgamation" (AI-HA). Artificial Intelligence has been defined as one or more computer programs with an ability to create work that is unforeseen by humans. This includes AI capacity to generate unforeseen innovations, patentable inventions, and/or infringe the rights of other patent holders. At present, AI is an entity unrecognized by law. The fact that AI is neither a natural nor a legal person indicates that it cannot be considered the owner of rights or bearer of liabilities. This in turn creates tension both in society and legal systems because questions such as who should hold the rights of AI or be liable for autonomous acts of AI remain unanswered. This book dynamically argues that the AI dependent legal person and AI-HA are necessary to address these new challenges. The creativity and actions of AI and AI-HA would be distinct from those performed by human beings involved in the creation of this amalgamation, such as AI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and AI cooperation (AI-HA). As a dependent legal person, AI would hold the patent rights to its own inventions, thus ensuring favorable conditions for the incentives of the U.S. patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from foreseen and unforeseen actions, omissions, and AI's failure to act.

From June 25 to 27, 2008, the Naval War College had the honor to convene an International Law Expert's Workshop, "The War in Afghanistan - A Legal Analysis." This volume captures the legal lessons of the war in Afghanistan as reported, studied and debated by a rare gathering of eminent scholars and practitioners of international law. The workshop's mission was to provide a comprehensive legal examination of the Afghan conflict-from the decision to use force, to the manner with which force was employed, to the legal construct for the evolution of military operations transitioning away from the use of force. Renowned international academics and legal advisers, both military and civilian, representing military, diplomatic, nongovernmental and academic institutions from throughout the world contributed to the workshop and this volume.

The events relating to Iraq have been critical in defining the post-Cold War inter national system of peace and secnrity. Dealing with Iraq covered the whole legal, political and emotional spectrum. The initial triumphalism was replaced by cyni cism and apathy, ending in division and enmity. Above all, it raised questions about the political and legal foundations of the international secnrity system, its players and their interests. The object of the present paper is to examine the cnr rent meaning and nature of the collective secnrity system premised on the United Nations. An understanding of the flaws and problems associated with the prac tice of this system will enable us to rethink its basis and propose a conceptual framework for its reconstitution on the basis of legitimacy, using the war on Iraq as a case study to illustrate onr arguments. The discussion will begin with a short presentation of the political and legal situation leading to the war against Iraq in March 2003. This will be followed by a critical analysis of the UN collective se cnrity architecture as it evolved after the end of the Cold War. Onr aim at this stage is to identify the characteristics of the system, consider the scope of subse quent developments in conceptual or practical terms and discuss their signifi cance for the international secnrity system."

The US administration's pursuit of the Al-Qaeda organisation and Taliban rigime in Afghanistan, responsible for the September 11, 2001 international terrorist attacks, was supported by an international "coalition of the willing" and backed by the full legal authority of UN Security Council Resolutions.The US bid to follow this successful multilateral initiative with similar armed intervention against Saddam Hussein's government failed to rally support in the Security Council.The US then proceeded to act unilaterally, and with British military support, to invade Iraq.
The problems for contemporary international law and the UN Charter based World Order system posed by the conflicts within the Security Council and the assorted legal claims advanced, such as a revived doctrine of Humanitarian Intervention; "rigime change as a justification for intervention; Preemptive military strikes as an exercise in Self-defence; and Multilateralism versus Unilateralism in the exercise of the Peace and Security powers under the UN Charter, are canvassed in the present collection of legal opinions.

The well-publicized contributions of civil society in setting items on the international agenda, in developing new international treaties, in exercising pressure on States in favour of or against the ratification of such treaties and in assisting the functioning of new institutions has attracted the attention of scholars who discuss the presence and the role of 'new actors' on the international stage. The role of civil society as regards international courts and tribunals, as well as compliance mechanisms set up especially in the environmental field, may be less well-known but is certainly no less important. This book explores this crucial area. The attempt is timely and particularly relevant because of the continuous increase in the number of international courts, tribunals and compliance mechanisms. The areas of human rights, international criminal law and international environmental law are the main focus of the study, in the light of the well-established role of NGOs in Human Rights Courts and UN bodies as well as in the light of their remarkable success in setting up the International Criminal Court and the promising avenues which are now open in the compliance bodies of environmental law conventions. Broader questions and bodies such as the International Court of Justice, the International Tribunal for the Law of the Sea as well as European courts and tribunals are also included. The experience of a multinational group of academic scholars, judges and registrars of international tribunals, and experts from Non-Governmental Organizations, who have contributed to the book, provide it with the necessary variety of approaches and points of view. This book is based on the results of a research project by the Universities of Milan, Brescia and Verona, supported by the Italian Ministry for University and Research, and by PICT, the London-New York Project on International Courts and Tribunals. Tullio Treves is a Judge at the International Tribunal for the Law of the Sea and a Professor of International Law at the State University of Milano. Marco Frigessi di Rattalma teaches International Law at the University of Brescia. Attila Tanzi teaches International Law at the University of Verona. Alessandro Fodella teaches International Human Rights Protection at the University of Trento. Cesare Pitea and Chiara Ragni are research assistants at the University of Milan.

The book analyzes different critical attitudes towards European integration from a multidisciplinary perspective. By applying both quantitative and normative-theoretical approaches, the contributors assess the causes and effects of the popularity of EU-critical positions and doctrines, such as souverainism, neo-nationalism and neo-populism. The book also presents country studies to compare populist movements and parties, such as the Five Stars Movement in Italy, Syriza in Greece and UKIP in the UK. It offers insights into the historical and normative roots of the diverse anti-European standpoints, and the various political demands and agendas connected with these views, ranging from rejections of EU institutions to demands for institutional reforms and propositions for alternative projects.

A comparative study which deals with the rules of professional ethics applicable to the cross-border practice of law. It covers the major jurisdictions in this respect, including England and Wales, France, Germany, Italy, Spain, Belgium, the Netherlands, Sweden, the USA, Canada, Australia and Japan. A separate chapter deals with the development in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part One of each country's report covers the basic rules applying to the domestic legal profession, such as the method of qualifying as a lawyer, the extent to which the legal services are reserved to lawyers, and the ethical rules which apply to matters like advertising, fees and correspondence. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third section deals with the rules which apply to a foreign lawyer (which includes any lawyer admitted in another jurisdiction but not in the local jurisdiction under discussion) practising within the jurisdiction. Both the second and third parts are divided according to the various degrees of possible involvement, ranging from merely advising a foreign client from one's home office to practising from an office in the foreign country. The last part deals with the various kinds of international associations to which lawyers may belong, such as alliances, office-sharing, and multinational and multidisciplinary partnerships.

This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders 'What backlash are we talking about, really?'. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

As a result of arms control efforts over the past 50 years, nuclear material is subject to strict national controls and tough international treaties. But there are still almost no controls, other than a voluntary International Atomic Energy Agency code of conduct, on the sorts of radiological sources used to make radiological dirty bombs. Radiological sources are used all over the world for a wide range of peaceful purposes, including smoke detectors, medical devices, meteorology, mining and thermoelectric generators. There are at least eight million identified radiological sources worldwide. Their small size, portability and high value make them vulnerable to misuse and theft: the IAEA reported 272 cases of illicit trafficking in sealed radioactive sources between 1993 and 2002.

The IAEA estimates that 110 countries worldwide still fail to impose adequate controls. The time is ripe for an international convention and treaty on the safety and security of radiological sources.

This book covers expert discussions designed to enhance cooperation and assistance between NATO and Partner countries in support of International Atomic Energy Agency (IAEA) efforts to secure radioactive sources against the threat of terrorism and also to support the security agenda at the International Radiation Protection Association Congress in Buenos Aires in 2008.

Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level. The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law. After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'etre for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty. This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.

The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory's analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century's global societies.

Intended to orientate tax practitioners to the Public International Law aspects of taxation, this text also provides a framework from which Public International Lawyers may probe more deeply into the legal challenges posed by the interaction of national taxation with internatinal law. As such, the characterization of the subject as "The Public International Law of Taxation" is a statement of the need for an international consciousness in relation to issues of taxation. Thus far, the analysis from an internatioal law stand-point has been specifically, for example, problems of treaty interpretation in relation to double taxation agreements, fiscal jurisdiction, the regulation of international trade and taxation. In this publication, drawing on original and secondary sources, the assimilaiton accompanied by the commentary is intended to be a comprehensive treatment of the subject in one source.

This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

The global spread of transnational mining investment, which has been taking place since the 1990s, has led to often volatile conflicts with local communities. This book examines the regulation of these conflicts through national, transnational and local legal processes. In doing so, it examines how legal authority is being redistributed among public and private actors, as well as national and transnational actors, as a result of globalizing forces. The book presents a case study concerning the negotiation of land transfer and resettlement between a transnational mining enterprise and indigenous peasants in the Andes of Peru. The case study is used to explore the intensely local dynamics involved in negotiations between corporate and community representatives and the role played by legal ordering in these relations. In particular, the book examines the operation of a transnational legal regime managed by the World Bank to remedy the social and environmental impacts of projects which receive Bank assistance. The book explores the nature and character of the World Bank regime and the multiple consequences of this projection of transnational law into a local dispute.