In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

I . Historical survey The legal status of aircraft is a problem that has given rise to innumerable questions ever since the earliest years of aviation. But the majority of these questions only relate to certain aspects of the legal status of aircraft, and the problem as a whole has hardly been studied at all. The evolutionary process in the study of a number of facets of the problem is outlined below. Nationality The question of the nationality of aircraft has always received a lot of attention. As far as the principle is concerned, there can be little dispute on this point nowadays. The subject of the nationality of aircraft was discussed at the aviation conferences which led to the Paris Convention in 1919, the Ibero-American Convention in 1926, the Havana Convention in 1928 and the Chicago Convention in 1944. According to Article 6 of the Paris Convention of 1919, an aircraft possesses the nationality of the State on whose register it is entered. The Ibero-American Convention of 1926 and the Pan-American Convention signed at Havana in 1928 start from the same principle.

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Govern ment", he stated, "propose to place the whole of the Franco German production of coal and steel under a common high authorityl within an organisation open to the participation of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet * This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 * The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document sub mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Quotidien, llth May, 1950.

Highlighting how the challenges raised by globalization - from environmental management to financial sector meltdowns - have encouraged the emergence of experts and networks as powerful actors in international governance, the contributions in this collection assess the methods and effectiveness of these new actors. Unlike other books that have focused on networks or experts, this volume brings these players together, showing how they interact and share the challenges of establishing legitimacy and justifying their power and influence. The collection shows how experts and networks function in different ways to address diverse problems across multiple borders. The reader is provided with a broader and deeper practical understanding of how informal authority actually operates, and of the nature of the relationship between different actors involved in policymaking. Through a range of case studies, the contributions in this collection explain how globalization is reshaping traditional forms of power and authority.

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.

This utilizes a unique international law perspective to examine the actions and inactions of the Democratic People's Republic of Korea (DPRK) in regard to international security and human rights concerns in North Korea. The book will demonstrate how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected and why the international community should be applying the same international law framework to each to find a solution for both. The book analyses the North Korea's nuclear weapons situation from political, military, historical and legal angles examining the DPRK's policy objectives involving international security and Korean unification. The book goes on to explore the human rights abuses inflicted on the North Korean people by their own government and which include extermination, torture, and crimes of association, as well as collective retribution inside and outside its system of concentration camps. The book investigates the North Korean situation with a view towards redress through an international framework.North Korea's gross and systematic violations of human rights and defiant military actions through specific violations of international law are assessed including the contravention of the treaties that North Korea itself has ratified, to provide a proper foundation for redressing these international crimes through a tribunal. The specific objectives and actions of the North Korean government are analyzed according to applicable treaty law, jus cogens norms, customary international law, and other types of international legal obligations. It pinpoints the sources and underpinnings of the regional nuclear crisis and offer solutions for dealing with international security surrounding the Korean Peninsula. The book puts forward a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses after a reunification of the peninsula.

Six years after the rendering of the Nuremberg Judgment world conditions are not such as to encourage a study on what constituted its principal innovation in the legal field: the punishment of the authors of aggressive war. The war alliance against the Axis Powers which was the political basis of the Nuremberg Trial and of the United Nation~ Organisation has broken up. Mutual fear, threats and accusations and a gigantic armament race are the dominating factors in international life during the cold war period, and the minds of statesmen, military men and lawyers alike are more preoccupied with the problem of how to win a possible third world war than with that of preventing its occurrence and avoiding responsibility for its outbreak. While the survival of their freedom and civilization is at stake, the nations seem more intent on preparing for what is vaguely and equivocally called 'self-defence' than on accepting and assuring the reign of law. The strain of the protracted struggle in Korea, moreover, seems to turn the first experiment with military sanctions against an aggressor into a classic game of power politics. It is not surprising that in such circumstances little energy is displayed in efforts to implement the principles to which the United Nations pledged themselves in Nuremberg, and that many statesmen and lawyers seem prepared to abandon, at least for the near future, the precedent of the time of alliance, expression of confidence in the victory of law over force.

When is the EU responsible under international law? Is the EU a 'special case' international organisation? The UN General Assembly's adoption of the ILC articles on the International Responsibility of International Organizations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.

In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks.The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis.

In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being 'intra-state' wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court's advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.

Nach dem Ende der Dekolonisierung schien es uber lange Zeit hinweg so, als habe das Recht der Staatennachfolge in volkerrechtliche Vertrage zumindest weitgehend seine praktische Bedeutung verloren. Die deutsche Wiedervereinigung, der Zerfall der UdSSR und der Sozialistischen Foderativen Republik Jugoslawien sowie die Teilung der CSFR belegen jedoch die erneute Aktualitat der Fragestellung.
Vor diesem Hintergrund legt der Autor nunmehr die bislang einzige umfassende Analyse der neueren Staatenpraxis vor, die anhand der Wiener Konvention uber das Recht der Staatennachfolge in volkerrechtliche Vertrage zugleich untersucht, unter welchen Vorgaben sich eine volkerrechtliche Kodifikation auch praktisch durchzusetzen vermag."

Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robe offers a clear pathway to a fairer and more sustainable power system.