Along with the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights serves as the main watchdog for the promotion and protection of fundamental rights in the Americas. Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court. The book discusses access to legal aid, third party interventions, positive obligations and provisional measures, the evaluation of evidence and the use of external referencing by the Court, the protection of vulnerable groups, including indigenous peoples, migrants, women and children. It also explores other contemporary issues such as coerced statements, medical negligence, the use of force, amnesties, forced disappearances, the right to water, judicial protection in times of emergency, the relation of the Inter-American Court with national courts and with other international jurisdictions like the European Court of Human Rights and the International Criminal Court, and with national courts, reparations and revisions of cases by the Inter-American Court, and present-day challenges to the Inter-American system of human rights. Due to its multifaceted and comprehensive character, this scholarly volume is an essential reference work for both legal scholars and practitioners working with regional human rights systems in general and with the Inter-American human rights system in particular.

This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity. This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, O. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins. Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an 'alarm bell mechanism' is examined and assessed in relation to its original goal to prevent authoritarian backsliding. The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase. Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.' - Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations. With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law. With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

Transition to Journals
From Volume 81, the British Year Book of International Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The British Year Book archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http: //bybil.oxfordjournals.org
British Year Book will benefit from a number of additional features made possible by online publication:
Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume
Email alerts - Anyone can sign up to receive British Year Book content alerts - both of the annual volume and of content published throughout the year
Searchable archive - The entire archive back to 1996 will be made available to British Year Book subscribers
Now in its 80th year, the British Year Book of International Law has become an essential work of reference for academics and practicing lawyers. Through a mixture of articles and extended book reviews it continues to provide indispensable analysis on important developments in modern international law. In addition, through its exhaustive coverage of decisions in UK courts and official government statements, the British Year Book offers unique insight into the development of state practice in the United Kingdom.

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media. Chapters written by expert contributors explore the interpretative steps taken by the CJEU and the ECtHR to solve arising legal issues, shedding light on their interpretation and refinement of the applied rules. The book provides fresh insights into the effects of European adjudication on the content and scope of the rules enforced and examines the ways in which the two European courts address the specificities of digitalization and digital media in their rulings. It also addresses the process of defining the constitutional boundaries of digital media and the exercise of rights and freedoms therein, focusing on digital media and the distinct challenges posed by digitalization and digital communication. Digital Media Governance and Supranational Courts will be a key resource for academics and scholars of European and Constitutional law, fundamental rights and digital transformation, as well as for students seeking a better understanding of the contribution of the CJEU and the ECtHR to digital media governance.

This book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs). This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.

What is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.

The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.

The book systematically describes the theory and practice of ICSID annulment proceedings by thoroughly analyzing this mechanism in light of the annulment decisions rendered so far as well as the publications on the issue.
Organized to suit the needs of the practitioner, it outlines the recent trends in the area, providing the most up to date analysis of the subject. It also addresses key topics involving ICSID annulment such as the procedural issues which frequently arise in this type of proceedings, for example admissability of new evidence and arguments in annulment proceedings, res judicata in resubmitted cases.
The sections on each ground for annulment include an analysis of the applicable standard as well as a detailed description and study of each annulment decision that addressed the respective ground, creating an authoritative and complete resource.

Seated in The Hague (Netherlands), the International Court of Justice is the highest court in the world and the only one with both general and universal jurisdiction. This sixth edition of The International Court of Justice Handbook aims to provide, without excessive detail, the basis for a better practical understanding of the facts concerning the history, composition, jurisdiction, procedure and decisions of the Court. In no way does it commit the Court, nor does it provide any interpretation of the Court's decisions, the actual texts of which alone are authoritative. The information contained in this handbook was last updated on 31 December 2013

The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreements. While the CJEU considers these 'integral parts' of EU law, other international courts will also have jurisdiction in such cases. This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses the special relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequent cross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.

Peace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

This sixty-fifth volume of the Annotated Leading cases of International Criminal Tribunals contains decisions taken by the ECCC from 1 June 2013 to 31 December 2018. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.

Opposite pages bear duplicate numbering

The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).