This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.

The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.

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.

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

This volume of essays casts light on the shape and future direction of the EU in the wake of the Lisbon Treaty and highlights the incomplete nature of the reforms. Contributors analyse some of the most innovative and most controversial aspects of the Treaty, such as the role and nature of the EU Charter of Fundamental Rights and the relationship between the EU and the European Court of Human Rights. In addition, they reflect on the ongoing economic and financial crisis in the Euro area, which has forced the EU Member States to re-open negotiations and update a number of aspects of the Lisbon 'settlement'. Together, the essays provide a variety of insights into some of the most crucial innovations introduced by the Lisbon Treaty and in the context of the adoption of the new European Financial Stability Mechanism.

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.

Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.

Although portrayed as a liberal law of co-existence of and co-operation between states, international law has always been a welfarist law, too. Emerging in eighteenth-century Europe, it soon won favour globally. Not only did it minister to the interests of states and their concern for stability, but it was also an interventionist law designed to ensure the happiness and well-being of peoples. Hence international law initially served as a secularised eschatological model, replacing the role of religion in ensuring the proper ordering of mankind, which was held to be both one and divided. That initial vision still drives our post-Cold War globalised world. Contemporary international law is neither a strictly welfarist law nor a strictly liberal law, but is in fact a liberal-welfarist law. In the conjunction of these two purposes lies one of the keys to its meaning and a partial explanation for its continuing ambivalence.

SHORTLISTED FOR THE FT MCKINSEY BUSINESS BOOK OF THE YEAR 2021 FT BEST BOOKS OF THE YEAR 2021 Racial divisions play out as starkly in the workplace as they do in wider society. What can YOU do to eradicate the bias and create a more diverse, inclusive and equitable environment? "A one-stop resource for anyone wanting to understand the causes and manifestations of racism, to examine their own biases - and know what works to advance racial equity at work." - FT ________________ Racial equity is achievable. But the honest conversations we need to have to foster that change can be uncomfortable - and are all too often avoided. Drawing together years of academic research from the fields of psychology, sociology, management, and behavioural economics, Robert Livingston has created the ultimate solutions-oriented guide for those who want to transform the social order, but are unsure of how to go about it. With clarity, wit and deep understanding, The Conversation aims to combat this uncertainty by increasing confidence, capacity, and commitment to engaging in racial dialogue. In helping us to better understand how effective discussion is key to resolving the problem of racism in society and the workplace, The Conversation is an essential tool for uprooting entrenched biases and transforming well-intentioned statements on diversity into concrete actions and measurable outcomes. ________________ "A critical resource for those committed to combating bias and expanding inclusion and belonging." -Brian Chesky, CEO of AirBnb "An absolutely critical contribution to the much needed efforts to understand and combat racism in the corporate realm. Compulsory reading for all serious leaders and people who aspire to lead." - Nels Abbey, author of Think Like A White Man

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschaftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

How is the United States able to control the IMF with only 17 per cent of the votes? How are the rules of the global economy made? This book shows how a combination of formal and informal rules explains how international organizations really work. Randall W. Stone argues that formal rules apply in ordinary times, while informal power allows leading states to exert control when the stakes are high. International organizations are therefore best understood as equilibrium outcomes that balance the power and interests of the leading state and the member countries. Presenting a new model of institutional design and comparing the IMF, WTO, and EU, Stone argues that institutional variations reflect the distribution of power and interests. He shows that US interests influence the size, terms, and enforcement of IMF programs, and new data, archival documents, and interviews reveal the shortcomings of IMF programs in Mexico, Russia, Korea, Indonesia, and Argentina.

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that, far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system * the bases, principles, and evolution of public international law * questions of international security which still govern international relations * classic and current systems of peace and security maintenance * the standing, role, and actions of the UN Security Council * arms control and limitation of armaments * unilateral uses of armed force and the legality of war * humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics, but is based upon the practice of States in the international arena, and the way in which the guiding legal rules are elaborated and implemented. The essays were collected from various books and articles on international law and relations, written by Professor Serge Sur, an ad hoc judge at the International Court of Justice in The Hague.

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. The volume addresses orthodox topics of international law such as jurisdiction and intervention, from an African perspective, and seeks to ask whether in each case, the African perspective is unique or affirms existing arrangements of international law. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that Africa has and will continue to play a major role in fashioning new norms of international law and policy and contribute to its progressive development by affirming existing norms. Professor Levitt is to be commended for having the vision, leadership and intellectual prowess to produce this excellent text. The book signals a major shift from the study of Africa as a basket case to a normative market place.' Akua Kuenyehia, Vice President,International Criminal Court 'Professor Levitt's work, Africa: Mapping New Boundaries in International Law, is pathbreaking in the true sense of that word. Through old and new voices, it excavates the singular contributions of Africa to a discipline that is marked by Eurocentrism and imperial aspirations. The authors, taking their cue from the indefatigable and insightful Professor Levitt, establish beyond a shadow of a doubt the enormity of the normative contributions that Africa has made to international law. The book must therefore be seen as a defining contribution to the multiculturalization of international law. It is for this reason that Professor Levitt is among the most important American academics working and thinking in international law today.' Makau Mutua, Dean, SUNY Distinguished Professor, State University of New York Buffalo Law School 'The multiple-author analysis of the varied contemporary results provides fascinating reading for one who seeks a better appreciation of the importance of this continent to the future of mankind. This vividly-written and well-edited collection is fully supported by references that make it a veritable encyclopaedia of information on the evolution of International Law on the African continent.' American Society of International Law newsletter, Issue 39, May 2009.

Controversy over Iranian nuclear policy has been mounting in both legal and political circles since the early 2000s. Most recently, the International Atomic Energy Association (IAEA), tasked with verifying compliance of Member States with the Nuclear Non-Proliferation Treaty, has been expressing concern that Iran's nuclear efforts are directed not solely toward peaceful uses, but also for military purposes. In response, various States have tried, individually and collectively, to engage Iran in agreed frameworks of action that would include an Iranian self-imposed restraint regarding its nuclear development. This volume documents the Iranian nuclear issue, tracing the evolution of international interest and concern with Iran's nuclear policy since the 1970s, when Iran began earnest efforts to acquire nuclear capabilities. Emphasis is nonetheless placed on events since 2002-2003, when it was established that Iran had concealed certain aspects of its nuclear activities from the IAEA. Alongside reports of the IAEA and Security Council documents, the volume covers diverse sources rather than relying solely on UN organs and agencies, international organizations, or dedicated ad hoc bodies.

Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.

Academics and policymakers frequently discuss global governance but they treat governance as a structure or process, rarely considering who actually does the governing. This volume focuses on the agents of global governance: 'global governors'. The global policy arena is filled with a wide variety of actors such as international organizations, corporations, professional associations, and advocacy groups, all seeking to 'govern' activity surrounding their issues of concern. Who Governs the Globe? lays out a theoretical framework for understanding and investigating governors in world politics. It then applies this framework to various governors and policy arenas, including arms control, human rights, economic development, and global education. Edited by three of the world's leading international relations scholars, this is an important contribution that will be useful for courses, as well as for researchers in international studies and international organizations.

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC

Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.

This book aims to capture an exploratory approach to theorising the global legal order. Avoiding any brand loyalty to a particular academic perspective, it brings together scholars who contribute a variety of insights covering quite different topics and viewpoints. It sets itself the target of producing a distinctively legal theory of global phenomena, which is capable of illuminating the path of law as an academic discipline, as it confronts a bewildering array of novel situations and innovative ways of thinking about law. The broad base of perspectives found among the contributors, combined with a helpful commentary from the editors, makes the book an ideal Reader to introduce a subject that is becoming of increasing importance for academics, students and practitioners, in law and related fields. Contents: Introduction, Andrew Halpin & Volker Roeben; Cosmopolitan Legal Orders, H Patrick Glenn; Implications of 'Globalisation' for Law as a Discipline, William Twining; Theorising the Global Legal Order - An Institutionalist Perspective, Stefan Oeter; Incorporating Foreign Legal Ideas through Translation, Ko Hasegawa; Globalisation and Judicial Reasoning: Building Blocks for a Method of Interpretation, Catherine Dupre; Statecraft, Trade and Strategy: Toward a New Global Order, Ari Afilalo & Dennis Patterson; European Union as a Single Working-Living Space: EU Law and New Forms of Intra-Community Migration, Oxana Golynker; The Domestic Enforcement of Supranational Rules: The Role of Evidence in EC Competition Law, Deirdre Dwyer; The UN Declaration on the Rights of Indigenous Peoples: Towards a Global Legal Order on Indigenous Rights?, Stephen Allen; Developing a Framework for Understanding the Localisation of Global Scripts in East Asia, John Gillespie; Governance Through Corruption: Cosmopolitan Complicity, Nicholas Dorn; Decentralised Constitutionalisation in National and International Courts: Reflections on Comparative Law as an Approach to Public Law, Christian Walter; Concluding Reflections, Andrew Halpin & Volker Roeben.