"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.

Drawing upon Robbie Sabel's first-hand involvement with many legal negotiations in the Arab-Israeli conflict, International Law and the Arab-Israeli Conflict examines international law in relation to the conflict by analysing its major events and agreements, both historical and contemporary. Outlining the role of international law from the collapse of the Ottoman Empire until the present day, it considers the legal elements of the various peace treaties that Israel has signed with its neighbouring Arab States. Using his expertise as a professor, practitioner and ambassador, Sabel endeavours to represent both sides of the conflict, offering a wealth of counter-arguments and adding his own legal interpretations. With this valuable resource, students and researchers working within a range of disciplines can fully appreciate the role of international law in the Arab-Israeli conflict.

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. Volumes IV to VI report on European Communities - Measures Affecting the Approval and Marketing of Biotech Products.

This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises-arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.

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. Volumes IV to VI report on European Communities - Measures Affecting the Approval and Marketing of Biotech Products.

The Russell Tribunal on Palestine is a people's tribunal in the spirit of the Tribunal on Vietnam that was set up by Bertrand Russell in the 1960s. This book contains a selection of the most vital evidence and testimonies presented at the London session. It includes the papers submitted to the tribunal, written by expert witnesses, based on their detailed research into the companies that prop-up Israeli occupation. Examining the involvement of corporations in the illegal occupation of Palestinian land by Israel, the tribunal of 2010 generated widespread media coverage. The book identifies companies and corporations participating in such illegality and possibilities for legal action against them are discussed. Released to coincide with the South Africa session at the end of 2011, Corporate Complicity in Israel's Occupation is a vital resource to lawyers, journalists and activists hoping to take informed action against Israeli war crimes and occupation.

A History of Settlement in Ireland provides a stimulating and thought-provoking overview of the settlement history of Ireland from prehistory to the present day. Particular attention is paid to the issues of settlement change and distribution within the contexts of: * environment * demography * culture. The collection goes further by setting the agenda for future research in this rapidly expanding area of academic interest. This volume will be essential reading for all those with an interest in the archaeology, history and social geography of Ireland.

This new volume shows how state sovereignty is more fluid and contested than is usually appreciated within both conventional and constructivist literature.

Whereas previous constructivist works have investigated the temporal contingency of state sovereignty, the spatial contingency of this concept has been neglected. This book tackles this situation, showing the reader how the meaning of state sovereignty was constituted differently in the case of the intervention in Kosovo and the case of non-intervention in Algeria in the late 1990s.

This essential study clearly and concisely:

• takes existing constructivist and poststructuralist work on state sovereignty one step further, arguing that state sovereignty not only is open to different constructions over time, but also across space
• probes further into the conceptual relationships between sovereignty/ intervention, arguing that legitimations of non-intervention also can be analyzed as a practice, which gives meaning and content to the concept of state sovereignty
• contributes to the emerging debate on the importance of 'methodology' in constructivist studies, turning the philosophical and meta-theoretical assumptions of constructivism and poststructuralism into an informed 'analytical strategy' guiding the book s empirical discourse analysis.

The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice. This book critically examines the role of outreach within international justice focusing specifically on the role of outreach at the Special Court for Sierra Leone (SCSL). It contributes to understanding of the relationship between international courts and the affected populations; an area currently underexplored and little understood. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known if this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. Through empirical analysis, Transitional Justice, Peace and Accountability, answers these questions and provides an insight into individual and community perceptions of international justice. This book will be of much interest to students of transitional justice, war crimes, peace and conflict studies, human rights, international law, and IR in general.

This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts. Irrespective of the level of political or social organization, of their location in time and space, and of the political sophistication of a society, mediation has always been there to help deal with conflicts. As a method of conflict management, the practice of settling disputes through intermediaries has had a rich history in all cultures, both Western and non-Western. In some non-Western countries (especially in the Middle East and China) mediation has been the most important and enduring structure of conflict resolution. Jacob Bercovitch has been at the forefront of developments in international conflict mediation for more than 25 years, and is generally recognized as one of the most important scholars in the field. His theoretical and empirical analyses have come to define the parameters in the study of mediation. This volume will help scholars and practitioners trace the history of the field, its position today and its future and will be of much interest to all students of mediation, negotiation, conflict management, international security and international relations in general.

Living in the age of American "hyperpower" the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

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.

This title was first published in 2000: Yugoslavia's dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law's response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia's dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia's constitution, the Commission soon faced problems of public international law. Its' jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.

The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour with practical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society, and in so doing fills a notable void in English school accounts of the subject. Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on shared principles of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts. Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other. This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specific actions to set normative principles.

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."

A History of Settlement in Ireland provides a stimulating and thought-provoking overview of the settlement history of Ireland from prehistory to the present day. Particular attention is paid to the issues of settlement change and distribution within the contexts of:
* environment
* demography
* culture.
The collection goes further by setting the agenda for future research in this rapidly expanding area of academic interest.
This volume will be essential reading for all those with an interest in the archaeology, history and social geography of Ireland.

The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

This title was first published in 2000: Yugoslavia's dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law's response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia's dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia's constitution, the Commission soon faced problems of public international law. Its' jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.

Living in the age of American 'hyperpower' the relevance of both international law and conflict resolution have been called into question. Hannum and Babbitt, highly respected practitioners in these respective fields, have collected a series of experts to examine the relationship between these two disciplines. Focusing on self-determination, a particularly thorny issue of international law, Negotiating Self-Determination takes an in-depth look at what an understanding of conflict analysis can bring to this field and the impact that international legal norms could potentially have on the work of conflict resolvers in self-determination conflicts. Allen Buchanan's philosophical writings consider the goals of secessionists, Erin Jenne uses quantitative analysis to explain the conditions under which secessionist movements come into existence, and Anke Hoeffler and Paul Collier study the economic basis for secessionist movements. This well-researched volume looks beyond the international law and policy fields of the editors to philosophy, anthropology, political science, and economy to assist in gaining a more complete understanding of self-determination and conflict prevention.

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.

This book introduces key issues on the use of force while also providing a detailed analysis of technological developments and recent legal discussions in the field. The author examines areas such as support for rebel groups, the concept of humanitarian intervention, the Responsibility to Protect and recent conversations around the fight against the "Islamic State" in a clear and accessible manner, through a thorough presentation of relevant cases and materials. This book is essential reading for students studying force and its intersection with international law.

This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.

There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries-and, to some extent, all Muslims-are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.