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.

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.

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.

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.

Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

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.

The international energy industry frequently gives rise to complex, high-value disputes. As economic and commercial circumstances change, joint venture partners may disagree over operations, sellers and buyers may manoeuvre to amend pricing terms and states may seek to improve their take from investment projects. Any of these outcomes can have significant consequences for the long-term prospects of companies operating in the sector. These are just some of the issues covered by this new title, which provides a practical, user-friendly overview of the essentials of dispute resolution in the energy industry. Leading practitioners from international law firms and global companies consider, among other things, the drafting of dispute resolution clauses, the effective use of international arbitration, the management of large-scale energy disputes, and the development of case law in oil and gas disputes, construction disputes, environmental disputes and disputes arising in the nuclear sector. Edited by Ronnie King, head of the arbitration team at international law firm Ashurst LLP, this title will be of practical value for all dispute resolution lawyers advising in the energy industry, and for others who have an interest in the important issues discussed.

This title includes scholarly legal texts dedicated to Tibor Varady, in honor of his seventieth birthday. While focusing on international private law and international arbitration, the essays also address the questions of constitutional law and legal philosophy. State-of-the-art contributions, covering a wide scope from the practical analysis of American arbitration policy and the position of the USA vis-a-vis international law, through the latest developments in German legal practice, to theoretical issues of jurisdiction. Especially rich is the volume in exploring the legal dimension of the European integration process. Tibor Varady is Professor at the Legal Studies Department of the Central European University in Budapest, and Chairman of the International Business Law Program. Member of the Hague Permanent Court of Arbitration, Varady served as Minister of Justice of Serbia in 1992-1993.

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.

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

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

This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.

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.

As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. 1782 in international arbitration.

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 fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor-state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.