In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

In Europe and throughout the world, competence in English is spreading at a speed never achieved by any language in human history. This apparently irresistible growing dominance of English is frequently perceived and sometimes indignantly denounced as being grossly unjust. Linguistic Justice for Europe and for the World starts off arguing that the dissemination of competence in a common lingua franca is a process to be welcomed and accelerated, most fundamentally because it provides the struggle for greater justice in Europe and in the world with an essential weapon: a cheap medium of communication and of mobilization.
However, the resulting linguistic situation can plausibly be regarded as unjust in three distinct senses. Firstly, the adoption of one natural language as the lingua franca implies that its native speakers are getting a free ride by benefiting costlessly from the learning effort of others. Secondly, they gain greater opportunities as a result of competence in their native language becoming a more valuable asset. And thirdly the privilege systematically given to one language fails to show equal respect for the various languages with which different portions of the population concerned identify. Linguistic Justice for Europe and for the World spells out the corresponding interpretations of linguistic justice as cooperative justice, distributive justice and parity of esteem, respectively. And it discusses systematically a wide range of policies that might help achieve linguistic justice in these three senses, from a linguistic tax on Anglophone countries to the banning of dubbing or the linguistic territoriality principle.
Against this background, the book argues that linguistic diversity is not valuable in itself but it will nonetheless need to be protected as a by-product of the pursuit of linguistic diversity as parity of esteem.

With the advent of globalization--where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational--the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or "quasi-constitutionalization." But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an "assemblage" of many disparate advances and often directionless moves--almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book.
The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyzes how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the "rule of law" and, indeed, to rule the world through these very means.

This ambitious Handbook covers the history, functioning and impact of cohesion policy, arguably the most tangible presence of the European Union in its twenty-eight member states. The contributions combine world-renowned scholars and country experts to discuss, in six parts, the policy's history and governing principles; the theoretical approaches from which it can be assessed; the inter-institutional and multi-level dynamics that it elicits; its practical implementation and impact on EU Member States; its interactions with other EU policies and strategies; and the cognitive maps and narratives with which it can be associated. This Handbook will be an invaluable resource to students and scholars of EU policies and politics and other related disciplines. In particular, they will benefit from the clarity with which the history and functioning of cohesion policy is laid out. Policy makers and other practitioners will also find this book of interest, due to its presentation of relevant debates. Contributors include: A. Agh, J. Aprans, R. Atkinson, J. Bachtler, J. Balsiger, J. Baudner, I. Begg, M. Brunazzo, R.L. Bubbico, A. Catalina Rubianes, D. Charles, N. Charron, R. Crescenzi, M. Dabrowski, A. Dahs, F. De Filippis, S. Ganzle, D. Hubner, A. Faina, A. Faludi, V. Fargion, U. Fratesi, P.R. Graziano, E. Gualini, E. Hepburn, C. Holguin, G. Karakatsanis, E. Kazamaki Ottersten, A. Kovacs, A. Lenschow, R. Leonardi, J. Lopez-Rodriguez, E. Massetti, P. McCann, C. Mendez, P. Montes-Solla, T. Muravska, T. Notermans, R.l Ortega-Argiles, I. Palne Kovacs, S. Piattoni, L. Polverari, S. Profeti, A.H. Schakel, J. Schoenlau, M.K. Sioliou, P. Stephenson, I. Toemmel, M. Weber, K. Zimmermann

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.

The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

This book explores the history and agendas of the Young Men's Christian Association (YMCA) through its activities in South Asia. Focusing on interactions between American 'Y' workers and the local population, representatives of the British colonial state, and a host of international actors, it assesses their impact on the making of modern India. In turn, it shows how the knowledge and experience acquired by the Y in South Asia had a significant impact on US foreign policy, diplomacy and development programs in the region from the mid-1940s. Exploring the 'secular' projects launched by the YMCA such as new forms of sport, philanthropic efforts and educational endeavours, The YMCA in Late Colonial India addresses broader issues about the persistent role of religion in global modernization processes, the accumulation of American soft power in Asia, and the entanglement of American imperialism with other colonial empires. It provides an unusually rich case study to explore how 'global civil society' emerged in the late 19th and early 20th centuries, how it related to the prevailing imperial world order, and how cultural specificities affected the ways in which it unfolded. Offering fresh perspectives on the historical trajectories of America's 'moral empire', Christian internationalism and the history of international organizations more broadly, this book also gives an insight into the history of South Asia during an age of colonial reformism and decolonization. It shows how international actors contributed to the shaping of South Asia's modernity at this crucial point, and left a lasting legacy in the region.

The basics of international criminal law, how it is actually enforced, and the arguments it has provoked are all introduced in a book that is as current as the headline news. International Crime and Punishment: A Guide to the Issues explores the many facets of this relatively new field of criminal law, an autonomous branch of law that concerns international crimes and the systems set up to handle individuals who are accused of committing them. As the author explains, international crimes include crimes against humanity, crimes against peace, war crimes, trafficking in human beings, drug trafficking, money laundering, arms trafficking, and smuggling of cultural artifacts. The laws may seem straightforward, but the system is not without controversy. As the author shows, the United States has opposed certain actions of the International Criminal Court, while other countries have objected to U.S. plans to refer persons accused of terrorism to military tribunals. Clearly and cogently, this work introduces the principles of international criminal law, its enforcement, and the conflicts that have arisen as a result. Journalists, policymakers, students, and educated citizens will find the book an essential tool for unraveling today's news stories.

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.

Capital markets are a continuous stream of activity and innovation. Constantly evolving and inherently dynamic, they give rise to complex regulatory and policy issues and offer rich material for analysis. Additionally, globalization has incentivized cross-border listings and international flows of capital. Global Capital Markets takes stock of recent trends and events by exploring their legal and regulatory implications across several jurisdictions from around the world. This book provides a critical analysis of current issues including investor activism, the challenges of cross-border regulatory enforcement and recent initiatives to empower shareholders to improve corporate governance. It also surveys longer-term trends such as the development of the nascent capital markets law in China over the last two decades and discusses the emerging issues from the increased use of dual class voting shares. Case studies draw on examples from nations such as the US, Canada, Europe, China, India and New Zealand. Timely and incisive, this book will appeal to students and academics in international corporate and securities law. Contributors incude: A. Anand, Q. Bu, H. Donegan, T. Keeper, Y.-H. Lin, A.B Majumdar, C. Malberti, T. Rodriguez de las Heras Ballell, U. Varottil

This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo's right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo's state-formation and state-building processes. It explains how the EU's involvement as an 'internationally blended element' in Kosovo's efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.

This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

This book analyzes the state of global governance in the current geopolitical environment. It evaluates the main challenges and discusses potential opportunities for compromise in international cooperation. The book's analysis is based on the universal criteria of global political stability and the UN framework of sustainable development. By examining various global problems, including global economic inequality, legal and political aspects of access to resources, international trade, and climate change, as well as the attendant global economic and political confrontations between key global actors, the book identifies a growing crisis and the pressing need to transform the current system of global governance. In turn, it discusses various instruments, measures and international regulation mechanisms that can foster international cooperation in order to overcome global problems. Addressing a broad range of topics, e.g. the international environmental regime, global financial problems, issues in connection with the energy transition, and the role of BRICS countries in global governance, the book will appeal to scholars in international relations, economics and law, as well as policy-makers in government offices and international organizations.

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

What does an athlete do when she is not allowed to take the start of the Olympic finals because of a positive doping test or he is not allowed to compete at the Games for reasons of nationality? He or she brings the case before the ad hoc Division of the Court of Arbitration for Sport, an arbitral body first created on the occasion of the 1996 Games in Atlanta, which is present on site and resolves all disputes within 24 hours. Written by its former President, who teaches and practices international dispute resolution in Geneva, Switzerland, this book tells the story of the ad hoc Division from Atlanta to Sydney over Nagano. It gives an account of the cases resolved, discusses the Arbitration Rules, and explains the practical operation of the Division. It also reviews all the main arbitration law issues which the Division faces, including jurisdiction, arbitrability, due process, the choice and proof of the applicable substantive rules, the remedies against the award, as well as some sports law issues, such as field of play rules or strict liability for doping offenses.

This book contains papers presented at a high-level conference that was jointly organized by the Institute of Global Law, University College London and the Institute of International Law, Queen Mary, University of London. The chapters cover issues of State Responsibility before the following international judicial institutions: the International Court of Justice, The International Tribunal for the Law of the Sea, the World Trade Organization, United Nations Compensation Commission, International Centre for the Settlement of Investment Disputes, and International & Regional Human Rights Courts. Contributors include: H.E. Judge Dame Rosalyn Higgins D.B.E., Q.C., Emeritus Professor Ian Brownlie C.B.E.,Q.C., Professor Malcolm Shaw Q.C., Professor Maurice Mendelson Q.C., Professor Christopher Greenwood C.M.G., Q.C., Professor Guy Goodwin-Gill, Dr Matthew Craven, H.E. Judge Benedetto Conforti, Professor Malcolm Evans, Professor Dominic McGoldrick, Professor Gerhard Loibl and Dr Olufemi Elias.

This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state's citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource. Contributors: J.C. Barker, R. Cryer, E.H. Franey, R. Garnett, F. Larocque, A. Orakhelashvili, C. Ryngaert, A. Sari, Y. Tanaka, X. Yang, S. Yee

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations. Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Moellers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. Wouters

What is the relationship between politics and international law? Rather than exploring this question through the lens of the dominant paradigms of international relations theory - realism, liberalism, and constructivism - this book proposes a different approach. Based on the premise that the relationship varies depending on the sites where it unfolds, and inspired by comparative politics and socio-legal studies, the book develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. Expert contributors apply this analytical framework to diverse fields of law and politics. Part I examines the problems of compliance, effectiveness and the domestic enforcement of international law, and legal institutions including domestic and international courts, national legislatures and regime complexes. Part II covers substantive fields of governance such as global financial regulation, environmental standards, trade, intellectual property and human rights. The final chapters in this Part tackle emerging yet critical issues in international law, including terrorism, cyber conflict and Internet regulation. Together, the chapters represent a significant step forward in the comparative analysis of politics and international law. This Research Handbook will be essential reading for students and academics in political science and law alike. Contributors include: W.C. Banks, R. Brewster, A. Chander, K.L. Cope, M. Elsig, B. Faude, T. Gehring, C. Hillebrecht, S. Katzenstein, M.R. Madsen, W. Mattli, J.J. Paust, M.J. Peterson, S. Puig, W. Sandholtz, J. Seddon, S.K. Sell, G. Shaffer, D. Sloss, M. Van Alstine, P.-H. Verdier, M. Versteeg, C.A. Whytock

This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa - and Ethiopia - specifically. It argues that rebalancing the international law narrative to reflect Africa's legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ's West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose. Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book. Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos

EtYIL 2018 comes at a time when multilateralism and its underpinning norms of international law and institutions are under siege. At the same time, in 2018, Africa stood out for upholding multilateralism and international law. From the adoption of the Agreement establishing the African Continental Free Trade Area to the signing of peace agreements that brought to an end two decades of hostilities between Eritrea and Ethiopia, 2018 was indeed a remarkable year for international law in Africa. EtYIL 2018 covers some of these issues, including the Eritrea-Ethiopia Claims Commission decisions on jus ad bellum, jus in bello, evidentiary and procedural matters and the role of arbitration in upholding the international rule of law. Such new developments as the lifting of UN sanctions against Eritrea and the agreements signed between Eritrea and Ethiopia are also covered in this volume. The volume further devotes considerable attention to other legal issues including: the use and misuse of European patent law to the detriment of developing countries' interests, sharing transboundary resources, production sharing agreements on extractives , evolving rules governing economic relations between Africa and the European Union in the context of Brexit, contract-farming in the African cocoa and chocolate industry, the International Criminal Court and human rights law, and cyber-attacks and the role of international law in tackling them. These chapters, authored by experts from Africa, Asia, Europe and North America not only bring new and diverse voices to the international law discourse; they also contribute to EtYIL's overarching goal of contributing to the effort to rebalance the narrative of international law.

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

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.