The ICSID Reports provide an authoritative published collection of investor-State arbitral awards and decisions rendered under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID), pursuant to other bilateral or multilateral investment treaties such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) or involving investment contracts entered by States. These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment law. The ICSID Reports are an invaluable tool for practitioners, scholars and government lawyers working in the field of public international law, investment treaty arbitration, international commercial arbitration, or advising foreign investors or States. Volume 18 of the ICSID Reports focuses on Defence Arguments in Investment Arbitration, including an opening piece from leading scholar and practitioner Professor Jan Paulsson, a founding partner of Three Crowns LLP, and a preliminary study by Professor Jorge E Vinuales, Harold Samuel Chair of Law and Environmental Policy at the University of Cambridge. Volume 18 of the ICSID Reports includes summaries, digests and excerpts of decisions rendered between 2007 and 2018 in 20 cases involving States from across Africa, Asia, Europe and the Americas, reflecting the breadth of defence arguments in contemporary practice: Sempra v. Argentina, Continental Casualty v. Argentina, Cargill v. Mexico, Mobil v. Canada, Bankswitch v. Ghana, Yukos v. Russia, von Pezold v. Zimbabwe, Quiborax v. Bolivia, General Dynamics v. Libya, Philip Morris v. Uruguay, Devas v. India, Churchill v. Indonesia, Urbaser v. Argentina, Orascom v. Algeria, Karkey v. Pakistan, E energija v. Latvia, Mercer v. Canada, Antaris v. Czech Republic, ENKA v. Gabon, and Cortec v. Kenya.

How do nations act in a crisis? This book seeks to answer that question both theoretically and historically. It tests and synthesizes theories of political behavior by comparing them with the historical record. The authors apply theories of bargaining, game theory, information processing, decision-making, and international systems to case histories of sixteen crises that occurred during a seventy-five year period. The result is a revision and integration of diverse concepts and the development of a new empirical theory of international conflict. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Few scholars have attempted to evaluate critically the role mediators play in managing international conflicts. Thomas Princen examines where mediation fits in the larger realm of diplomatic practice, going beyond the usual state-centric focus to account for the mediating activities of a wide range of actors-from superpowers to small states, from international organizations to nongovernmental groups. Originally published in 1992. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

This book presents reflections of prominent international peacemakers in the Middle East, including Jimmy Carter, Lakhdar Brahimi, Jan Eliasson, Alvaro de Soto, and others. It provides unique insights and lessons learned about diplomacy and international peace mediation practice based on real life experience.

The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.

Frequent instances of intervention in current world affairs have threatened the status of nonintervention as a rule of international relations. Gathering evidence from history, law, sociology, and political science, R. J. Vincent concludes that the principle of nonintervention can and must remain viable. The author approaches the question from several angles, seeking to discover why the principle of nonintervention has been asserted as part of the law of nations; whether states in the past and present have conducted their foreign relations according to the principle of nonintervention; and what function the principle performs in the society formed between states. The author examines the principle of nonintervention through examples taken from contemporary world politics, focusing on its role in the doctrine and practice of the Soviet Union, the United States, and the United Nations. He argues that, despite the erosion of the order of sovereign states, the arrival of nuclear response weapons, all-enveloping ideological conflict, and transnational relationships that diminish the significance of state frontiers, the principle of nonintervention continues to contribute to the international order. Originally published in 1974. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Among the cases reported in Volume 119 are Pinochet decisions from English, Spanish, Belgian, and Luxembourg courts. The volume also includes an important ICSID arbitral award in Metalclad (and British Columbia decision), and the arbitration tribunal maritime delimitation Phase Two of the Eritrea/Yemen dispute. Finally, Volume 119 reports the Southern Bluefin Tuna (Australia and New Zealand v. Japan) arbitration tribunal award of August 2000.

Protection of water infrastructure is fundamental to the protection of civilians during armed conflicts; they provide water for drinking, sanitation, agriculture and energy. Unfortunately, they suffer not only from incidental damages inherent in conflicts, but also from deliberate targeting and weaponization by the belligerent parties. In The Geneva List of Principles on the Protection of Water Infrastructure, Tignino and Irmakkesen provide a detailed overview of the rules and practice on the protection of water infrastructure during and after armed conflicts. This overview is presented in a set of principles derived from different branches of international law and enriched with international practice, making the monograph a first in taking a holistic approach in the study of the subject.

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice.

A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms.

Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes.

Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

This volume brings together articles on international trade and investment from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international economic law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity, and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.
The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

This book is the first comprehensive manual on the law of armed conflict prepared by a team of expert scholars and practitioners working for, and with, the UK Ministry of Defence. It covers all aspects of the law of armed conflict as applied today, including means and methods of warfare, the treatment of civilians and other non-combattants - including prisoners of war - and the conduct of operations in all three environments: land, sea, and air. It also includes discussion of some of the key elements of relevance in the modern strategic environment, not least the legal aspects of internal armed conflict and the application of the law during peace support operations.

This book, which won an ASIL Certificate of Merit in 2002, critically examines the right of humanitarian intervention, asserted most spectacularly by NATO during its 1999 air strikes over Kosovo. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule, or linked to the changing role of the Security Council. Through an analysis of these questions, the book puts NATO's action in Kosovo in its proper legal and historical perspective.

The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the many and complex stages of the settlement process.

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 12 of the ICSID Reports includes the final award in Occidental v. Ecuador together with the English court decisions in that case on non-justiciability, the decision on jurisdiction in Impreglio v. Pakistan and the awards in EnCana v. Ecuador.

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.