The 40 experts assembled by Ben Saul who are addressing the many-faceted legal issues connected to the ever-expanding meaning of 'terrorism' are remarkable. Even after 50 years of scholarship on the subject, a book like this one is both relevant and useful.' - Cherif Bassiouni, DePaul University College of Law, USForeword by Georges Abi-Saab This landmark Handbook provides a comprehensive overview of all major areas of international counter-terrorism law and practice, both before and after the terrorist attacks of September 11, 2001. The specially commissioned, original chapters assess how international law addresses terrorism from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. With contributions from leading scholars and practitioners in the field, the book addresses the major controversies in the global legal response to terrorism, including the war on terror, drone strikes and targeted killings, torture and renditions, indefinite detention, military trials, UN Security Council measures and sanctions, judicial supervision, the issue of gender, and the role of Islam. Each chapter provides a succinct overview and critical commentary of the law. The law of regional organizations and selected national practice are also examined. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. Contributors: K. Ambos, R. Arnold, J. Atwell, I. Bantekas, S. Borelli, I. Bottigliero, J. Boulden, E. Chadwick, S. Chesterman, G. Cheung, J. Cockayne, E. Crawford, F. de Londras, M. Di Filippo, A. du Plessis, H. Duffy, M. Ewi, D. Fidler, M. Flanagan, C. Forcese, G. Gilbert, L. Ginsborg, E. Guild, R. Gunaratna, L.M. Hinojosa-Martinez, J. Huckerby, D. Kretzmer, A. Lynch, G. Mettraux, C. Murphy, E. Papastavridis, A.R. Perera, M. Porret, J. Rehman, M. Requena, Y. Ronen, K. Samuel, B. Saul, M. Sossai, L.S. Sunga, A. Timmermann, K. Trapp, D. Vagts, C. Walker, S. Witten, M. Wood, A. Zwitter

It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons. A sophisticated study of a complex issue, this book is a must-read for policymakers and those who wish to understand the intricacies and challenges of developing institutions to address the nuclear weapons threat.

This interdisciplinary book explores how terrorism is meant to target a government's legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century-between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators-has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government's counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book's contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE's call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation's Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter's meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present. In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political, and philosophical. The aim is to identify how Russia interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law through the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behavior in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, philosophy, or general graduate students, lawyers, think tanks, government departments, and specialized Russian studies programs will find the book helpful.

The cutting-edge contributions to this book analyse different facets of the European Union (EU): closer integration among the member states, policymaking within a 'normal' political system, and the implications of European integration for its member states. This book also considers whether the challenges currently confronting the EU - the lingering Eurozone debt crises, the migrant/refugee crisis, the British decision to leave the EU, and terrorist attacks in Belgium, France and Germany - mark an inflection point for the Union and for the study of the EU. For the first time, 'less Europe', rather than closer integration, has emerged as a serious option in response to crisis. This possibility reignites questions of (dis)integration and calls into question the assumption of the EU as a 'normal' political system. This book was originally published as a special issue of the Journal of European Public Policy.

The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy.This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position. Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for competition officials, practitioners and academics with an interest in competition law. Contributors include: A. Abbot, S. Anderman, D. Baker, C. Beaton Wells, U. Bernitz, B. Blumenthal, M. Carrier, T. Cheng, L. Copi, P. Evans, A. Ezrachi, A. Fels, H. Hollman, A. Jones, D. Kallay, I. Lianos, I. Maher, P. Marsden, K. McMahon, G. Monti, M. O Kane, J. Padila, A. Papadopoulos, H. Schmidt, D. Sokol, M. Stuck, F. Wagner-von Papp

Although the public thinks of 'war crimes' as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.' - William Schabas, Middlesex University, UK'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.' - Mark A. Drumbl, Washington and Lee University, US Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law. War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts. This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book. Contributors: A. Ali, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. Wilkinson

The fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor-state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

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.

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 196 is devoted to Ukraine v. Russian Federation, Micula and Others v. Romania, Kingdom of Spain v. Infrastructure Services Luxembourg S.a.r.l, R (Friends of the Earth Ltd and others) v. Heathrow Airport Ltd, Micula and Others v. Government of Romania.

Since the creation of the United Nations in 1945, international law has sought to configure itself as a universal system. Yet, despite the best efforts of international institutions, scholars and others to assert the universal application of international law, its relevance and applicability has been influenced, if not directed, by political power.Today, the "decline of the West" and ascent of China and India poseparticular challenges for international law and institutions. The international system appears to be moving towards multipolarity, with various sites of power competing to exert influence in the world today. With contributors from a variety of countries providing perspectives from the disciplines of international law and international relations theory, International Law in a Multipolar World addresses the implications that multipolarity poses for the international legal system. Contributors including Jean d'Aspremont, Joerg Kammerhofer, Alexander Orakhelashvili, Christian Pippan and Nigel White, explore issues such as the use of force, governance and democracy, regionalism and the relevance of the United Nations in a multipolar world, while considering the overarching theme of the relationship between power and law. International Law in a Multipolar World is of particular interest to academics and students of public international law, international relations theory and international politics.

Good management of water resources - universally identified as a key aspect of poverty reduction, agriculture and food security - has proven, in practice, as difficult to achieve as it is eagerly sought. This book, edited and authored by leading authorities on water resource management, examines the recent changes in governance, institutions, economics and policies of water, covering developing, transitional and developed countries, with special emphasis on southern African case studies. The book examines how water policies, institutions and governance have shifted in recent years from supply-driven, quantitative, centrally controlled management to more demand-sensitive, decentralized, participatory approaches. Such a move often also implies cost recovery principles, resource allocation among competing sectors, and privatization. The case studies demonstrate that the new policies and legal frameworks have been difficult to implement and often fall short of initial expectations. Using an accessible multidisciplinary approach that integrates economics, sociology, geography and policy analysis, the book untangles the issues and presents best practices for policy- and decision-makers, governments and regulators, NGOs and user groups, service providers, and researchers. The overall aim is to show how good water governance structures can be developed and implemented for the benefit of all.

Negotiations on trade facilitation were concluded at the WTO 9th Ministerial Conference in 2013, and the Agreements on Trade Facilitation (TFA), therefore, became the first fully multilateral agreement in WTO history. Since then, trade facilitation has been in the limelight on the stage of the world trading system. During recent years, the TFA has been consistently on the agenda of the summits of G20, G7, and APEC. The Agreement has come into force and shall be implemented on a global scale. As a result, the WTO members shall be prepared to translate the Agreement into their domestic legislation, which will involve a series of reforms in trade laws and policies. There are extensive voices demanding a comprehensive expatiation on trade facilitation and the TFA. It is essential to systematically delve into the genesis of trade facilitation, revisit the course where the TFA came into being, and analyse the well-turned legalese of the TFA. This book meets this demand. This book is path-breaking in these aspects: it expounds on the rationales for trade facilitation and the significance of constituting an international accord on trade facilitation; it restores the one-century track of the international community's talks on trade facilitation, from the times of the League of Nations to the WTO era; it reveals how the WTO negotiating mechanisms enabled the TFA to be nailed down, which would be enlightening for trade diplomats engaged in other WTO negotiations; and it provides an in-depth commentary on the TFA articles, which will help stakeholders more accurately understand and implement the Agreement. This book will be especially valuable for government officials and policy-makers, trade practitioners, lawyers, advisers, and scholars interested in international economic law, WTO law, international trade, international relations, and international development studies.

Acid rain was one of the major environmental issues of the 1980s. But while industrialized countries have taken measures to reduce the emissions that lead to acidification, the problems have not gone away. Trees are still dying, lakes are still being made uninhabitable; buildings are still corroding; and human health is still suffering. The most worrying trend is the repetition in the industrializing countries of Asia and Latin America of the problems that have long afflicted Europe and North America. More than 10 years after it was first published, the highly acclaimed Acid Earth still provides the only global view of acidification, and remains the standard text on the subject. Chapters on the causes, effects and growing scientific understanding of acid pollution, and the possible solutions, are followed by detailed studies of the political struggles involved in responding to acid damage in western and eastern Europe, the US and the newly industrializing countries. Written in non-technical language for people interested in the problems of the environment, Acid Earth calls for a renewed sense of public and political will to bring the problems of acid pollution under control. The book also makes valuable reading for specialists and students. Originally published in 1992

International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Despite recent attempts by scholars to examine the absolute prohibition of threats of force under Article 2(4) of the UN Charter, threats remain a largely un-chartered area in international law when compared with actual uses of force. Adopting an interdisciplinary approach and utilising strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force, which, helps to inform and explain why and how the normative structure operates in the way that it does. In addition to considering the normative rules regarding threats of force, this book focuses heavily on understanding the theory of threats of force or "threat theory." Drawing on strategic studies for an insight into practical workings of international law, the heart of the book examines whether international law, or indeed the international community, should distinguish between a threat of force which is little more than mere "sabre rattling" and one that is serious enough to send a state to DEFCON 1. Finally, the book considers the point at which a state pursuing nuclear capabilities may breach Article 2(4) with particular reference to both North Korean and Iranian efforts to pursue nuclear technology.

This topical book will be of great interest not only to scholars and postgraduates in international law but also to academics and students in the fields of political science, international relations and strategic studies.

Nepal is associated, in most people's imagination, with Everest (Sagarmatha to the Nepalese), vivid plants and picturesque villages and people. The truth, as always, is other. It is one of the poorest countries in the world, surrounded by big and powerful neighbours. It is immensely diverse, ranging from the great mountains to the north through the trans-Himalaya, a high barren plateau, through the deep valleys, which include the one which contains the ancient cities of Kathmandu, Patan and Bhaktapur, to the Terai which is an extension of Ganges plain. This atlas describes not only the complexity of the environment, but the people, the languages, the towns and industries, the agriculture, food and land management, the natural resources, the effects of tourism, sources of energy, transport and education policies. Originally published in 1991

In fields such as politics, international relations, public administration and international law, there is a rapidly growing interest in the topic of 'accountability'. In this innovative new work, Steele shows how we might recognize how an alternative form of accountability in global politics has been present for some time, and that, furthermore, this form's continued presence remains one of the most politically powerful, if not endurable, possibilities for resistance in the near future. This book argues that the physical and visually shocking outcomes of violence found on the bodies of humans, as well as the buildings and landscapes which surround us, specifically the scars they leave behind, remain one of our most compelling forms of accountability. Steele develops the theoretical argument on scars and exteriority utilizing insights from several philosophical and theoretical resources including Hannah Arendt, Erving Goffmann, and Richard Rorty. The work examines scars and their effects through several illustrations, including the accounts of Emmett Till, Iranian protestor Neda Agha-Soltan, the Syrian boy Hamza al-Khateeb, the massacre in WWII and then memorializing throughout the 20th century of the Lidice children in the modern-day Czech Republic, the particular architecturally destructive outcomes of the 2008-9 Gaza War, the loss of the Twin Towers in New York, as well as a variety of violent scars found on the landscapes of Europe and Southeast Asia. Emphasizing the importance of the space and 'time' of scars, the book illustrates how an alternative form of accountability in the scar can be a useful, disruptive, spontaneous, but also creative practice to challenge the discourses of violence which remain with us today.

Ecological Economics from the Ground Up takes a unique and much-needed bottom-up approach to teaching ecological economics and political ecology, using case studies that focus on a wide range of internationally relevant topics, to teach the principles, concepts, methods and tools of these fields, which are seen as increasingly important in the context of the current triple social, economic and environmental crisis. This book provides learning materials which are grounded in the experience of Civil Society Organisations (CSOs), with case studies chosen by CSOs and developed collaboratively with leading ecological economists. The case studies come from Europe, India, Latin America, and Africa, and are presented thematically along three lines: 1) social metabolism and accounting methods, 2) institutions and participation, and 3) valuation and environmental policy tools. Core tools, concepts and glossary terms are embedded in topics chosen as a matter of urgency by activist organizations, related to mining and fossil fuel extraction, integrated transport infrastructure development, deforestation and agro-fuel production, sustainable tourism, waste management, wetlands and water management, payments for ecosystem services, natural disasters and hazards, and corporate accountability. Ecological Economics from the Ground Up has been designed to be an accessible learning aid for students of the sustainability sciences and for those CSOs that have recognised the value that ecological economics and political ecology tools and methods hold for their research and advocacy work.