The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. It is structured around the three defining relationships IOs engage in - namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.

Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.

Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

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.

International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.

Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations.

The Politics of Crisis in Europe explores the resilience of the European Union in the face of repeated crises perceived to threaten its very existence. While it is often observed after the fact that these crises serve as opportunities for integration, this is the first critical analysis to suggest that we cannot fully understand the nature and severity of these crises without recognising the role of societal reaction to events and the nature of social narratives about crisis, especially those advanced by the media. Through a close examination of the 2003 Iraq crisis, the 2005 constitutional crisis, and the 2010-12 Eurozone crisis, this book identifies a pattern across these episodes, demonstrating how narratives about crises provide the means to openly air underlying societal tensions that would otherwise remain under the surface, impeding further integration.

This book explores how Europe is seeking to enlarge its launching capacities by building additional spaceports on the European continent. Various national initiatives are envisaged resulting in a "space race" in the field of constructing spaceports and building micro launchers. However, right from the beginning when choosing the launch site (land or sea based-rocket launches) there are various factors relating to international space law, European regulations and national rules that must be considered, as spaceports are rarely explicitly addressed in current legal and policy frameworks. While launching sites used to be operated by governments, private commercial initiatives are increasingly entering the field. This paradigm shift must be reflected within regulations relating to various aspects of space liability by enlarging the long-established terms of the United Nations space treaties to accommodate commercial space flights. Questions of permission, supervision and control require special liability regulations to avoid detrimental consequences stemming from the concept of "launching states" in view of the rise of private driven commercial space activities on a global level. Furthermore, not only do environmental aspects need to be thoroughly examined but also the concept of critical infrastructure requires special attention from a security perspective to anticipate, inter alia, cyber-attacks. For these reasons, several European and national regulations may need to be enlarged to apply to the entire space sector, using a harmonized approach that has direct implications for the regulations, programmes, and missions of the European Union and the European Space Agency, bearing in mind that the upcoming spaceports in Europe are an essential asset to substantially boost the European New Space.

International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.

The European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of planes. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law.

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

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.

This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.

Can states adopt protectionist cultural policies? What are the limits, if any, to state intervention in cultural matters? A wide variety of cultural policies may interfere with foreign investments, and a tension therefore exists between the cultural policies of the host state and investment treaty provisions. In some cases, foreign investors have claimed that cultural policies have negatively affected their investments, thereby amounting to a breach of the relevant investment treaty. This study maps the relevant investor-state arbitrations concerning cultural elements and shows that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.

As UN Secretary-General, Dag Hammarskjoeld shaped many of the fundamental principles and practices of international organisations, such as preventive diplomacy, the ethics of international civil service, impartiality and neutrality. He was also at the heart of the constitutional foundations and principles of the UN. This tribute and critical review of Hammarskjoeld's values and legacy examines his approach towards international civil service, agency and value-based leadership, investigates his vision of internationalism and explores his achievements and failures as Secretary-General. It draws on specific conflict situations and strategies such as Suez and the Congo for lessons that can benefit contemporary conflict resolution and modern concepts such as human security and R2P. It also reflects on ways in which actors such as international courts, tribunals and the EU can benefit from Hammarskjoeld's principles and experiences in the fields of peace and security and international justice.

This book explores the emergence of African Union (AU) law as a legal order and its implications for existing order in the region. As an authoritative text on the development of AU law, the book covers such pertinent issues as legislative powers, competences, direct effect in AU law, subsidiarity, interventionism, and enforcement of laws. Olufemi Amao argues that there is a gradual movement from intergovernmentalism to supranationalism in the African Union legal order, and explores how this trajectory gradually and incrementally de-emphasises the discourse on nation state sovereignty; a concept that has caused many problems in the African context. Drawing upon EU law as a comparison, the book also examines how the development of supranationalism affects crucial issues such as human rights, democratic reforms, territorial matters, tribal and religious disputes, and economic relations. As a comprehensive examination of the development of law within a union, this book will be of great interest and use to students, scholars and practitioners in international law, international relations, and African studies.

Investment treaty arbitration is fast becoming one of the most common methods of dispute settlement in international law. Despite having ancient roots, the private interests in international investment relations remain in conflict with the need for the recognition of the public international law features of the arbitral procedure. This book, which presents an account of investment treaty arbitration as a part of public international law - as opposed to commercial law - provides an important contribution to the literature on this subject. Eric De Brabandere examines the procedural implications of conceiving of investment treaty arbitration in such a way, with regards to issues such as the principles of confidentiality and privacy, and remedies. The author demonstrates how the public international law character of investment treaty arbitration derives from and has impacted upon the dispute settlement procedure.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. For almost 400 years, under the Westphalian system established in 1648, the classic notion of sovereignty has been the pillar of the international relations among States free to do what they want within their territory with the prohibition of intervention in one another's affairs. Humanitarian crisis, international terrorism, weapon of mass destruction, failed states, pandemic, the increasing role of regional and international entities, ONG and financial entities have eroded the tenuous boundaries between the domestic and international notion of sovereignty. Sovereignty no longer provides protection to the State which to survive must cede some power in order to cope with the challenges of the new international order. However, despite the increasing number of actors in the international arena and the identity crisis of the notion of sovereignty, the State is bound to remain the lead actor on the global stage and, in this light, sovereignty can emerge stronger, provided it fully incorporates its responsibility towards the its own people and the entirety of the international community.

The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labor law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic. The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and postgraduate students, academics and policymakers. Contributors: T.A. Aleinikoff, I. Atak, H. Battjes, V. Chetail, R. Cohen, F. Crepeau, C. Dauvergne, M. Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kalin, H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O'Nions, S. Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey, J.P. Trachtman, W. Vandenhole, A. Vermeer-Kunzli, J. Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. Zieck