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 (IHL), the law of armed conflict. It is constructed in a way that is suitable for self-study. Subject matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subjects discussed are, inter alia: the relationship between jus ad bellum / jus in bello . the historical evolution of IHL . the basic principles and sources of IHL . Martens Clause . international and non-international armed conflicts . material, spatial, personal, and temporal scope of the application of IHL . special agreements under IHL . the role of the International Committee of the Red Cross . targeting . objects specifically protected against attack . prohibited weapons . perfidy . reprisals . assistance of the wounded and sick . the definition of combatants . protection of prisoners of war . protection of civilians . occupied territories . protective emblems . sea warfare . neutrality . the implementation of IHL.

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

This is the first volume of proceedings arising from the bi-ennial conference of the European Society of International Law/Societe europeene de droit international (ESIL/SEDI). The book presents the highlights of the Paris Conference 2006, which, through plenary sessions, fora, and agorae, the Conference sought an answer to the question International Law: Do We Need It? The collection of papers are evenly divided between English and French language contributions. Future volumes in this series will further reflect other major ESIL/SEDI events.

Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 201 contains the 2019 judgement on preliminary objections of International Court of Justice in Certain Iranian Assets (Iran v. United States), 2020 judgement of Inter-American Court of Human Rights in the Lhaka Honhat v. Argentina case, and 2021 judgement of the United Kingdom Supreme Court in General Dynamics UK Ltd v. Libya.

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Institutional and political developments since the end of the Cold War 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 constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organization. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the international and regional organisations that represent the key players in the evolving global order. The papers in this collection seek to map the real world of global governance - exploring who governs and how, what the leading international and regional organisations claim to do and what they actually do - as well as assessing the gap between the ideal of constitutionalised global governance and the actuality of governance under globalisation. The contributors discuss what it would mean for global governance to aspire to Rule of Law standards of transparency, accountability and participation together with categorical respect for human rights. In this collection, the perspective of modern public lawyers is systematically applied to the governance deficit associated with globalisation and to its institutional correction in pursuit of a legitimate regime of global governance.

The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020; and, Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

Brownlie's Principles of Public International Law has been shaping the study and application of international law for over 50 years. Serving as a single-volume introduction to the field as a whole, the book is one of the classic treatises on international law, now fully updated to order to take account of recent developments. It includes extensive references in order to provide a solid foundation for further research. Authored by James Crawford, the ninth edition further secures the work as the essential international law text for students and practitioners.

As international organizations become ever more prominent in global politics it is increasingly urgent to understand their power, their limits, and their effects. Now in its fourth edition, this leading textbook provides the definitive introduction to modern international organizations, from the legal charters of their beginnings, to the issues they engage with in the contemporary world. In his analysis of the United Nations, the World Trade Organization, the International Criminal Court and ten other prominent global institutions, Hurd combines legal, empirical, and theoretical approaches in an accessible and cohesive package. Fully revised and updated, this latest edition includes topical cases and controversies involving international organizations, such as Brexit, trade wars, environmentalism, forced migration and border disputes. It will be of interest to undergraduate and graduate students taking courses in international organizations, international institutions, global governance, and international law.

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

"More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

This first anthology of women's international thought explores how women transformed the practice of international relations, from the early to middle twentieth century. Revealing a major distortion in current understandings of the history and theory of international relations, this anthology offers an alternative 'archive' of international thought. By including women as international thinkers it demonstrates their centrality to early international relations discourses in and on the Anglo-American world order and how they were excluded from its history and conceptualization. Encompassing 104 selections by 92 different thinkers, including Anna Julia Cooper, Margaret Sanger, Rosa Luxemburg, Judith Shklar, Hannah Arendt, Merze Tate, Susan Strange, Lucy P. Mair and Claudia Jones, it covers the widest possible range of subject matter, genres, ideological and political positions, and professional contexts. Organized into thirteen thematic sections, each with a substantial introductory essay, the anthology provides intellectual, political and biographical context, and original arguments, showing women's significance in international thought.

The Iran-US. Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. The 40th volume of the Iran-US Claims Tribunal Reports makes available to the public the Tribunal's most recent work, including an important award in a large dispute between Iran and the United States. This volume of the Reports is a critical contribution to the field of international arbitration that will inform and guide the practice of international arbitration practitioners from around the world.

The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.

This is the first detailed study in any language of the single most influential theory of the modern state: Samuel von Pufendorf's account of the state as a 'moral person'. Ben Holland reconstructs the theological and political contexts in and for which Pufendorf conceived of the state as being a person. Pufendorf took up an early Christian conception of personality and a medieval conception of freedom in order to fashion a theory of the state appropriate to continental Europe, and which could head off some of the absolutist implications of a rival theory of state personality, that of Hobbes. The book traces the fate of the concept in the hands of others - international lawyers, moral philosophers and revolutionaries - until the early twentieth century. It will be essential reading for historians of political thought and for those interested in the development of key ideas in theology, international law and international relations.

The rise of Euroscepticism and populist backlash pose a dramatic challenge to the EU and highlight the EU's growing legal powers over core areas of state sovereignty. Authored by leading academics and policymakers, this book provides a comprehensive and cutting-edge analysis of the fields of EU law at the heart of contemporary political debates - economic policy, human migration, internal security, and constitutional fundamentals at the national level. Following the specialist contributions, the conclusion draws out critical, cross-cutting lessons for improving legitimacy and advancing the rule of law, rights and democracy in sovereignty-sensitive areas of EU law. Accessible to students, this volume is an invaluable resource for researchers and scholars of EU law and politics.

Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a discussion of human rights based responses to human trafficking; the intersection between business and human rights in Ireland and statements on women, peace and security.

Sechzig Jahre nach dem Beginn der Raumfahrt hat sich mit dem Weltraumrecht kontinuierlich ein völkerrechtliches Teilrechtsgebiet entwickelt, dessen Grundlagen und aktuelle Herausforderungen in diesem Lehrbuch behandelt und diskutiert werden. Ähnlich wie das Seerecht für die Meere oder das Luftrecht für den Luftraum versucht das Weltraumrecht, eine internationale Rechtsordnung für den verkehrlich neu erschlossenen Interaktionsraum, den Weltraum, zu schaffen. Dabei gilt es einerseits den Weltraum als Gemeinschaftsraum ohne einzelstaatliche Hoheitsgewalt zu bewahren, andererseits aber die vielfältigen staatlichen und neuerdings privaten Nutzungsinteressen im Weltraum zu berücksichtigen und in einen rechtlichen Ausgleich zu bringen. Der dem Menschen eigene Forscherdrang wird dafür sorgen, dass sich in Zukunft vermehrt weltraumrechtliche Fragen stellen werden. Für Bibliotheken gelten bei diesem Titel abweichende Konditionen; bitte wenden Sie sich an den Vertrieb.

Dieses Buch vergewissert sich der Ursprunge der Voelkerrechtstradition. Die heutige Debatte uber die Rolle des Voelkerrechts in den internationalen Beziehungen geht auf die Diskussionen des Kalten Krieges zuruck. In Westdeutschland entstand nach 1945 ein voelkerrechtlicher Ansatz, der bis heute fur seinen Praxisbezug und die Idee einer auf Verfassungsprinzipien beruhenden internationalen Gemeinschaft bekannt ist. Auf Grundlage des Werkes und Nachlasses von Hermann Mosler, der als der bedeutendste Voelkerrechtler der Bundesrepublik gilt, wird die Genese der praxisorientierten Gemeinschaftskonzeption im Kontext der politischen Entwicklung Deutschlands wahrend des Kalten Krieges analysiert. Die Anknupfung an die Weimarer Voelkerrechtstradition, Lehren aus der nationalsozialistischen Vergangenheit, die Westintegration unter Konrad Adenauer und Moslers katholischer Universalismus werden dabei als Faktoren hervorgehoben, die einen spezifisch westdeutschen Ansatz im Voelkerrecht hervorbrachten.

When the Berlin Wall fell, people who lived along the dismantled border found their lives drastically and rapidly transformed. Daphne Berdahl, through ongoing ethnographic research in a former East German border village, explores the issues of borders and borderland identities that have accompanied the many transitions since 1990. What happens to identity and personhood, she asks, when a political and economic system collapses overnight? How do people negotiate and manipulate a liminal condition created by the disappearance of a significant frame of reference?
Berdahl concentrates especially on how these changes have affected certain "border zones" of daily life--including social organization, gender, religion, and nationality--in a place where literal, indeed concrete, borders were until recently a very powerful presence. Borders, she argues, are places of ambiguity as well as of intense lucidity; these qualities may in fact be mutually constitutive. She shows how, in a moment of headlong historical transformation, larger political, economic, and social processes are manifested locally and specifically. In the process of a transition between two German states, people have invented, and to some extent ritualized, cultural practices that both reflect and constitute profound identity transformations in a period of intense social discord. "Where the World Ended" combines a vivid ethnographic account of everyday life under socialist rule and after German reunification with an original investigation of the paradoxical human condition of a borderland.