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This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.
The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental (NGO) and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and activities of international organizations, with their events, publications, and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data. Volume 1 (A and B) of the Yearbook of International Organizations covers international organizations throughout the world, comprising their aims, activities and events. This includes names (in English, French and, where available, other languages), abbreviations and descriptions of over 34,000 not-for-profit organizations currently active in every field of human endeavor, as well as references to associated organizations, whose goals cross all economic, political and geographical borders, offering an insight into new, productive relationships. Volume 1 also allows quick and easy cross-referencing from volumes 2, 3, 4, and 6.
This forty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by Special Court for Sierra Leone 1 January 2008 - 18 March 2009. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 161 reports on, amongst others, the 2014 Opinion 2/13 of the Court of Justice of the European Union concerning the Accession of the European Union to the European Convention on Human Rights, the 2008 Order and 2011 Judgment of the International Court of Justice in the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) and related cases before the European Court of Human Rights, and the 2014 judgment of European Court of Human Rights in Hassan v. United Kingdom.
This forty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the Extraordinary Chambers in the Courts of Cambodia between 2007 and 2010. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
Under what conditions does a post-conflict government have authority? What challenges to its legitimacy does it face? To what standards can it be held accountable? Via case studies of Sierra Leone and Afghanistan, and detailed accounts of extant international law, Matthew Saul explores the international legal framework which regulates popular governance of post-conflict reconstruction.
This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.
In telling the story of an innovative program based at Iowa State University, Lorna Michael Butler, Della McMillan, and their colleagues offer practical, step-by-step advice critical for any organization seeking to fund and manage multifaceted, public-private partnerships for development. The story begins when the College of Agriculture and Life Sciences at ISU received large gifts from alumni and friends with a strong interest in Africa. Using that transformative funding, the university established the Center for Sustainable Rural Livelihoods (CSRL) and entered into collaborative, long-term relationships with a university and an NGO in Uganda. Tapping Philanthropy for Development draws on the partners' experiences to provide a unique roadmap for effectively navigating the challenges involved in obtaining nontraditional funding - and in using it well.
This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial. The book takes as its starting point claims that financial traders 'caused' the 2007-8 global food crisis by speculating in financial instruments linked to the prices of staple grains. The introduction of new regulations to curb the 'excesses' of the financial sector in order to protect the food insecure reinforces the dominant perception that law can solve the problem. Chadwick investigates a number of different legal regimes spanning public international law, international economic law, transnational governance, private law, and human rights law to gather evidence for a counterclaim: law is part of the problem. The character of the contemporary global food system-a food system that is being progressively 'financialized'-owes everything to law. If world hunger is to be eradicated, Chadwick argues, then greater attention needs to be paid to how different legal regimes operate to consistently privilege the interests of the wealthy few over the needs of poor and the hungry.
This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UNs oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers' rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO's second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.
Why do international organizations (IOs) look so different, yet so similar? The possibilities are diverse. Some international organizations have just a few member states, while others span the globe. Some are targeted at a specific problem, while others have policy portfolios as broad as national states. Some are run almost entirely by their member states, while others have independent courts, secretariats, and parliaments. Variation among international organizations appears as wide as that among states. This book explains the design and development of international organization in the postwar period. It theorizes that the basic set up of an IO responds to two forces: the functional impetus to tackle problems that spill beyond national borders and a desire for self-rule that can dampen cooperation where transnational community is thin. The book reveals both the causal power of functionalist pressures and the extent to which nationalism constrains the willingness of member states to engage in incomplete contracting. The implications of postfunctionalist theory for an IO's membership, policy portfolio, contractual specificity, and authoritative competences are tested using annual data for 76 IOs for 1950-2010. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
In the last five years the topic of cyber warfare has received much attention due to several so-called "cyber incidents" which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction. This book is written for academics in public international law and practitioners from the military and other public security sectors.
The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and acitvities of international organizations, with their events, publications and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data. Volume 6 provides a who's who in international organizations, including more than 24,000 biographies of key officers - executives, policy makers and coordinators - of organizations, including career and education.
The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and acitvities of international organizations, with their events, publications and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data. Volume 5 includes statistics on geographical regions and subjects where organizations work, visual representations of statistical data and networks, and historical statistical summaries and analyses.
The European Yearbook promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications.
This book traces the creation of international anti-corruption norms by states and other actors through four markedly different institutions: the Organisation for Economic Co-operation and Development, the United Nations, the Extractive Industries Transparency Initiative, and the Financial Action Task Force. Each of these institutions oversees an international instrument that requires states to combat corruption. Yet, only the United Nations oversees anti-corruption norms that take the sole form of a binding multilateral treaty. The OECD has, by contrast, fostered the development of the binding 1997 OECD Anti-Bribery Convention, as well as non-binding recommendations and guidance associated with treaty itself. In addition, the revenue transparency and anti-money laundering norms developed through the Extractive Industries Transparency Initiative and the Financial Action Task Force, respectively, take the form of non-binding instruments that have no relationship with multilateral treaties. The creation of international anti-corruption norms through non-binding instruments and informal institutions has the potential to privilege the interests of powerful states in ways that raise questions about the normative legitimacy of these institutions and the instruments they produce. At the same time, the anti-corruption instruments created under the auspices of these institutions also show that non-binding instruments and informal institutions carry significant advantages. The non-binding instruments in the anti-corruption field have demonstrated a capacity to influence domestic legal systems that is comparable to, if not greater than, that of binding treaties. With corruption and money laundering at the forefront of political debate, International Anti-Corruption Norms provides timely expertise on how states and international institutions grapple with these global problems.
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: "strait" countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.
A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.
Experts are increasingly relied on in decision-making processes at international and European levels. Their involvement in those processes, however, is contested. This timely book on the role of 'experts' provides a broad-gauged analysis of the issues raised by their involvement in decision-making processes. The chapters explore three main recurring themes: the rationales for involving experts and ensuing legitimacy problems; the individual and collective dimensions of expert involvement in decision making; and experts and politics and the politics of expertise. With contributions from leading scholars and practitioners, they theorize the experts' involvement in general and address their role in the policy areas of environment, trade, human rights, migration, financial regulation, and agencification in the European Union.
The 2011 crisis in Libya represents the first case in which the international community invoked 'the Responsibility to Protect' principle, adopted in 2005 by UN member states, to justify coercive measures including sanctions and the use of military force. In this study, Karin Wester meticulously reconstructs and analyzes the evolution of the Libyan crisis, the international community's response, and the manner in which the 'Responsibility to Protect' was applied. Drawing on a wide variety of primary sources including in-depth interviews with politicians and diplomats, this comprehensive account of the 2011 intervention in Libya redresses popular narratives asserting that the intervention was driven primarily by western (neo-colonial) interests or by a desire for regime change. Instead, Wester reveals how the 'Responsibility to Protect' principle was realized to a considerable extent, but also how it provided a highly fragile basis for military enforcement action. Incorporating perspectives from international law, political science and history, this is a compelling and thought-provoking examination of the real-world application of a principle that is deeply rooted in history but presents daunting challenges in implementation.
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