The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves.
The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture on Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former Chilean President? Can it be legitimate or morally defensible for an Israeli court to try a former Nazi whose crimes occurred outside Israel and indeed prior to the establishment of Israel?
This book provides the first full account, explanation, and critique of extraterritorial punishment in international law. Extraterritoriality is deeply entrenched in the practice of legal punishment in domestic legal systems and, in certain circumstances, an established principle of public international law. Often, States claim the right to punish certain offences provided for under their own domestic laws even when they are committed outside their territorial boundaries. Furthermore, extraterritoriality is one of the most remarkable features of international criminal law. Many individuals have been prosecuted in different parts of the world for crimes against humanity, war crimes, genocide, etc. before tribunals which are often located outside the territorial boundaries of the state in which the offences were perpetrated. Finally, the issue of extraterritorial punishment is of pressing importance because of the emergence of new forms of globalized crime, such as transnational terrorism, drug-trafficking, trafficking of human beings, and so on.
This book provides a convincing normative account of extraterritorial punishment. In doing so, it will steer current debates on international criminal justice and the philosophy of punishment in new directions, and link these debates to globalization, the emergence of transnational crime, terrorism, war, and the problem of impunity and mass atrocity.

Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organizations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalized channels of international trade to other states and non-state actors.
However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilizing armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations work assumed under non-proliferation treaty instruments, and the effect of international organizations' decisions in this area, form some of the most contentious and potentially destabilizing issues of foreign policy concern for many states.
This book provides a comprehensive analysis of international law and organizations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organizations are needed.

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2012: IV reports on United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381).

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO Members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the only authorized paginated reports in English. As such, they are an essential addition to the library of every practising and academic trade lawyer, and will be widely consulted by students taking courses in international economic or trade law. The WTO authorized printed DSR volumes commenced publication with DSR, 1996: I. Publication of the Cambridge printed edition follows the WTO website publication of all new reports, which will continue in the three working languages of English, French and Spanish. Once a report has been released on the WTO website it will be published in the next Cambridge printed volume

How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-a-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII."

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and philosophers.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Among others, DSR 2007: VI reports on Turkey - Measures Affecting the Importation of Rice.

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. Among others, DSR 2007: VII reports on Japan - Countervailing Duties on Dynamic Random Access Memories from Korea.

The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. United Nations Sanctions and the Rule of Law traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. It also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. It identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.

Since 1993, various international donors have poured money into a People-to-People (P2P) diplomacy programme in Palestine. This grassroots initiative - still funded by prominent external donors today - seeks to foster public engagement through contact and therefore remove deeply embedded barriers. This book examines the limited nature of this 'contact' and explains why the P2P framework, which was ostensibly concerned with the promotion of peace, ultimately served to reinforce conflict and power relations. The book is based on the author's own experience of the solidarity activities during the First Intifada and her first-hand involvement as a coordinator of the P2P projects implemented during the 1990s. It provides a much-needed critical account of the internationally-sponsored peace process and develops new theoretical analyses of settler colonialism.

The end of the Cold War brought about new secessionist aspirations and the strengthening and re-awakening of existing or dormant separatist claims everywhere. The creation of a new independent entity through the separation of part of the territory and population of an existing State raises serious difficulties as to the role of international law. This book offers a comprehensive study of secession from an international law perspective, focusing on recent practice and applicable rules of contemporary international law. It includes theoretical analyses and a scrutiny of practice throughout the world by eighteen distinguished authors from Western and Eastern Europe, North and Sub-Saharan Africa, North and Latin America, and Asia. Core questions are addressed from different perspectives, and in some cases with divergent views. The reader is also exposed to a far-reaching picture of State practice, including some cases which are rarely mentioned and often neglected in scholarly analysis of secession.

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution. The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazic is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume.

The monograph aims to verify the thesis that the language rights of European Union citizens are an important element of the EU’s respect for the national identities of its Member States guaranteed in the Treaties. The protection of these rights has been consistently strengthened in EU law, with citizenship of the Union playing an important role in this process. The formulated thesis is verified mainly through the use of the dogmatic and legal methods, and the comparative legal method. The specific nature of the subject matter discussed requires an interdisciplinary approach, and the methods used in the field of linguistics are also applied mainly with reference to the conceptual apparatus adopted within the EU legal order.

This book is a comprehensive political study of the South China Sea (SCS) disputes. With over US $5 trillion worth of trade passing through it every year and a history of military flashpoints, the SCS is invariably a hotbed of great power rivalry. This book: Traces the history of the disputes from the 19th century until recent developments; Examines recent arbitrations including the ruling on the case filed by the Philippines at the Permanent Court of Arbitration (PCA) at the Hague, the Netherlands; Studies these disputes in a theoretical framework, utilising international relations theories, particularly realism, liberalism and constructivism; Explores how the ASEAN states approach the SCS disputes, and analyses dispute settlement under international law. Drawing on extensive fieldwork and interviews with experts and those directly involved with the disputes, this book is indispensable for students and researchers of maritime studies, security studies, politics and international relations, geopolitics and Asian studies.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a 'one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

This book provides a vivid reader on experiences of mediation throughout history and in many different regional, cultural and legal contexts. For experts in the field of mediation and legal anthropology it provides a series of fascinating case studies not previously reported on. For those not familiar with the field it provides a window on an alternative possibility for peacemaking in political conflicts. The book is held together by the editor's introduction, which defines political mediation, the research methodologies employed, the relationship of mediation to participatory democracy, and the growth of mediation in the past twenty years. The chapters which follow provide the anatomy of successful and unsuccessful mediations in contexts as widely diverse as the 30 Years War (1618-1648) which was ended following the intercession of the future Pope, Alexander VII. Three further chapters examine the role of the Catholic Church in other mediations - in the Basque conflict, in Burundi and in Chiapas, while a further group of chapters looks at conflicts in Ethiopia, Northern Ireland, Central America and Congo.

"I swear by all that's Holy, I will never come anywhere near the Palestine problem once I liberate myself from this trap." Ralph Bunche wrote these lines to his wife in 1949, during the armistice talks on Rhodes. A year later, he was awarded the Nobel Peace Prize for his success in ending the 1948 Arab-Israeli war. Ralph Bunche and the Arab-Israeli Conflict provides a comprehensive study of Ralph Bunche's diplomatic activities on the Palestine question. Bunche was at the centre of the story from the referral of the issue to the United Nations in 1947 until the signing of the armistice agreements that ended the war. He began as advisor to UNSCOP and then headed the secretariat of the commission tasked with implementing partition. Later, after serving as the senior aide to UN mediator Folke Bernadotte, he was appointed to replace the Count after the latter's assassination. Using extensive archival materials (some of it revealed here for the first time), this book addresses central questions, such as the relationship between Bunche's African American identity and his diplomatic endeavours, and the complexities of his outlook on the Arab-Israeli conflict. Through research and careful analysis, it uncovers how Ralph Bunche managed to bridge the gaps between Israel and Arab states. This book will be of interest to students and scholars of Middle Eastern History, particularly Israeli History, as well as Political Science and Diplomacy.

With the end of the Cold War, the euphoria of the Gulf War of the 1990s and the avowal of a New World Order, peace-operations were declared as the recipe for a better world through international intervention in conflict arenas. However, the debacles and failures in Cambodia, Somalia, or the Balkans led to disillusionment and a sense of strategic helplessness among leaders, experts and scholars in the industrial democracies. While these arguments have been the focus of intense criticism and discussion, they nevertheless underscore the fact that since the end of the Cold War the armed forces of the industrial democracies have undergone very significant transformations. This is the first work linking the changes in armed forces to Peace Support Operations (PSOs), those operations with major state-building components that demand broad and coherent cooperation between military forces and civilian entities.

"The Transformation of the World of War and Peace Support Operations" is timely as the recent debates over PSOs continue to take center stage. This work embodies a new set of ideas and concepts that aid in grasping and interpreting the transformations taking place in the world of war and in PSOs. It seeks to understand how social, economic, political, and organizational transformations around the globe are related to the complex links between armed forces and PSOs. Additionally, this work addresses issues that continue to define the character and makeup of modern warfare and the missions of PSOs for coming decades.

PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Covering events throughout 2007 this work of record covers significant events wherever there is a UN, or other, official, active peacekeeping force or peacebuilding operation. Presented in an alphabetical, country-by-country format, from Afghanistan through the Congo, Haiti, Middle East and Sudan to Western Sahara, events are reported month-by-month for ease of access. An introduction includes events which are of a general nature in the field of international relations and collective security and an index ensures that all the information is quickly and easily accessible. Journal of International Peacekeeping As from 2009, the yearbook will be published as a quarterly journal again, entitled "Journal of International Peacekeeping," More information can be found on the webpage of the journal, please click here.

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 book analyses the Oslo Accords - the historic Israeli-Palestinian peace agreements. Other books have described the politics behind negotiation of the Accords; this is the first book to analyse the Accords from the standpoint of international law. Professor Geoffrey Watson argues that the Accords are legally binding agreements, not just political undertakings. He argues that neither side has complied with all its obligations, but that the Accords remain in force all the same. Finally, Watson suggests how international law might help shape resolution of 'final status' issues such as Jerusalem, settlements, and refugees.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a 'one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.