Through an analysis of the use of drones, Rebecca Mignot-Mahdavi explores the ways in which, in the context of counterterrorism, war, technology and the law interact and reshape one another. She demonstrates that drone programs are techno-legal machineries that facilitate and accelerate the emergence of a new kind of warfare. This new model of warfare is individualized and de-materialized in the sense that it focuses on threat anticipation and thus consists in identifying dangerous figures (individualized warfare) rather than responding to acts of hostilities (material warfare). Revolving around threat anticipation, drone wars endure over an extensive timeframe and geographical area, to the extent that the use of drones may even be seen, as appears to be the case for the United States, as part of the normal functioning of the state, with profound consequences for the international legal order.

This book provides an overview of the development and substance of existing international refugee law with a view to reveal its gaps, caveats, and inadequacies that militate against the establishment of an effective legal regime to address mounting global refugee crises. The book pursues a reformist agenda towards affording legal coverage to all refugees generated by any genuinely involuntary grounds.

With a Foreword by Paul J.G. Kapteyn, Former President of Chamber at the Court of Justice of the European Communities Important practical and theoretical issues remain to be explored and discussed in respect of the so-called three pillars of the European Union (European Communities, Common Foreign and Security Policy, Police and Judicial Co-operation in Criminal Matters) in relation to international law. In practical examples, developed in 25 original essays written by both practitioners and scholars from European institutions and universities, this book seeks to stimulate discussion on relations and conflicts between the EU and international legal orders. Current issues are addressed including the suspension of rights of Member States in international organisations, the definition of the precautionary principle under WTO and EC law, the UN Convention against transnational organised crime, and the participation of the EU; the EU and its involvement in international humanitarian law, and the EU Charter of Fundamental Rights related to international instruments. Although changing, the relationship between the European Union and international law has not given rise to many publications - this book seeks to establish a dialogue between EU lawyers and international lawyers, in order to focus on the relationship between EU and international law.

The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.

The North is being increasingly confronted with a new phenomenon of migration: the so-called 'health tourism' of irregular migrants. One can already recognize a tendency among would-be migrants who either overstay their visas, or arrive under the pretext of being asylum-seekers, to come to the North with the intention of receiving medical treatment, in particular complicated surgery or other expensive forms of treatment, which they cannot get in their countries of origin, certainly not free of charge. Moreover, many others use 'illness' as a pretext or a reason for not being returned, or to obtain leave of stay. In this respect one needs to take into account that public health services in most Western European and North American countries are already overloaded as a consequence of modern medical developments, but also in view of the general increase in the percentage of old people among the population. Inmany countries there are long waiting lists for non-urgent operations and contributions to health systems have to be constantly increased in order to cover the extensive costs of modern medical treatment.

Canada officially prides itself on being a multicultural nation, welcoming people from all around the world, and enshrining that status in its Charter of Rights and Freedoms as well as in an array of laws and policies that aim to protect citizens from discrimination on various grounds, including race, cultural origin, sexual orientation, and religion. This volume explores the intersection of these diversities, foregrounding religion as the primary focus of analysis. Taking as their point of departure the contested meaning and implications of the term diversity, the various contributions address issues such as the power relations that diversity implies, the cultural context that limits the understanding and practical acceptance of religious diversity, and how Canada compares in these matters to other countries. Taken together the essays therefore elucidate the Canadian case while also having relevance for understanding this critical issue globally.

First Published in 1995. The law of treaties, a central field of international law, was also a central concern for Paul Reuter as a jurist. In close association with Jean Monnet, he made a decisive contribution to the Schuman Plan which led to the treaty instituting the European Coal and Steel Community in 1951. But it was mainly from 1964 onwards, when he became a member of the International Law Commission, that he took an ever-growing part in the development of the law of treaties.

This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the crime that gave birth to international criminal law in Nuremberg, the crime of aggression has been sidelined. It has been incorporated into domestic law by fewer than 20 States since its definition was included in the ICC Statute in 2010. Furthermore, it was omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current jurisdictional inability of the International Criminal Court to respond to the Russian aggression of Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The volume starts by assessing whether there is an obligation to criminalize aggression domestically. Irrespective of such an obligation, there is a need for implementing the crime, underscored by the book's identified normative gaps under domestic law and jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition of Article 8bis of the ICC Statute into domestic law. It also questions how to specify the geographical ambit of domestic jurisdiction in compliance with international law, which includes the controversy about universal jurisdiction. Although it primarily deals with prescriptive jurisdiction, the book ends with the discussion of legal challenges, such as immunities, that arise when domestic courts apply the enacted laws against foreign aggressors. The volume is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of their interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at University of Hamburg where she obtained her doctoral degree in international criminal law.

Until the Amsterdam Treaty,law and policymaking in the field of immigration remained a national function, though in practice there was much co-operation (the so-called Third Pillar). Now these powers have been transferred to the European Community as First Pillar powers. Only Denmark, Ireland and the UK have opted out. This book looks at the likely effects of this substantial transfer of powers to the Community. How will the powers and responsibilities be divided? How should the powers be exercised? Will there be input from the public into policymaking? What role will Parliaments play? Will migrants suffer? The foremost scholars from many European countries try to answer these and other questions, offering a variety of legal and social viewpoints. Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner (Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford), Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn), John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera (Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll (Lund).

The Asylum Acquis Handbook is a unique and comprehensive tool for those who have an interest in contributing to a sound, common European asylum policy. Asylum has always been an intensively debated topic and the general consensus is that the European Union should strive for a common asylum policy. Yet, basic information is lacking. The Asylum Acquis Handbook seeks to fill this gap by describing and providing a foundation for a common European Asylum policy and serves as an important reference book with in-depth information on asylum-related topics. It includes an overview of the Acquis; the texts of the various relevant instruments; value-free commentaries; informative contributions, especially written for this Handbook by leading experts, as well as additional information and sources. The Asylum Acquis Handbook will become an important source for policy makers, the executive, the media, students and all others concerned with the issue of asylum.

This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

Released in annual editions of 6 volumes, the Annual Review of United Nations Affairs is the only thorough annual survey of major developments at the United Nations. The 2015/2016 edition includes the full text of all General Assembly, Security Council, and ECOSOC resolutions from the 70th United Nations session (Sept. 2015 to Sept. 2016), along with other key UN documents, including the annual reports of the Secretary-General on the work of the Organization, of the ICJ and international criminal tribunals, and of various funds and programs of the United Nations system. This edition also includes a Preface by the series editors and five introductory commentaries written by expert contributors. These introductions offer invaluable guidance on the activities of various United Nations bodies, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice and Tribunals, and the Secretariat. The Annual Review of United Nations Affairs series Since the publication of its first edition in 1950, the Annual Review of United Nations Affairs has stood as the authoritative resource for scholars, students, and practitioners researching the latest developments at the United Nations. From introductory articles on particular topics, prepared by experts on the relevant United Nations bodies, to the full-text presentation of reports and resolutions, ARUNA provides a comprehensive tour of each year's UN actions and debates. The expert selection of documents by Joachim Muller and Karl Sauvant and the topic-based organization of those documents make any researcher's task much easier than the vast searching and sorting required by the UN's website, and the series' topic-based organization of the materials is also useful to researchers. Beginning with the 2010/2011 edition, detailed commentaries on the various UN bodies by experts on the relevant topics were added to each annual edition, and the analysis provided in these commentaries has helped to make ARUNA a more complete resource for anyone engaged in research on the activities of the United Nations. ARUNA presents comprehensive documentation of the work of the UN on an annual basis, starting in September of each year with the beginning of the regular sessions of the General Assembly. Coverage of and commentary on the UN's key organs are provided, including the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the UN Secretariat. In addition, selected reports of intergovernmental bodies and expert groups are included. ARUNA is an important reference source for policy-makers and academic researchers alike.

When foreign powers attack civilians, other countries face an impossible dilemma. Two courses of action emerge: either to retaliate against an abusive government on behalf of its victims, or to remain spectators. Either course offers its own perils: the former, lost lives and resources without certainty of restoring peace or preventing worse problems from proliferating; the latter, cold spectatorship that leaves a country at the mercy of corrupt rulers or to revolution. Philosophers Fernando Teson and Bas van der Vossen offer contrasting views of humanitarian intervention, defining it as either war aimed at ending tyranny, or as violence. The authors employ the tools of impartial modern analytic philosophy, particularly just war theory, to substantiate their claims. According to Teson, a humanitarian intervention has the same just cause as a justified revolution: ending tyranny. He analyzes the different kinds of just cause and whether or not an intervener may pursue other justified causes. For Teson, the permissibility of humanitarian intervention is almost exclusively determined by the rules of proportionality. Bas van der Vossen, by contrast, holds that military intervention is morally impermissible in almost all cases. Justified interventions, Van der Vossen argues, must have high ex ante chance of success. Analyzing the history and prospects of intervention shows that they almost never do. Teson and van der Vossen refer to concrete cases, and weigh the consequences of continued or future intervention in Syria, Somalia, Rwanda, Bosnia, Iraq, Lybia and Egypt. By placing two philosophers in dialogue, Debating Humanitarian Intervention is not constrained by a single, unifying solution to the exclusion of all others. Rather, it considers many conceivable actions as judged by analytic philosophy, leaving the reader equipped to make her own, informed judgments.

Since the September 11 attacks on the World Trade Center, jihad has become symbolic of the confrontation between Muslims and the West. According to popular views, jihad represents a religiously sanctioned war to propagate or defend the faith by defensive and aggressive means. However, there is not one single meaning of jihad, but many different interpretations. In the most recent decades of Islamic history, jihad was invoked as an instrument for the legitimation of political action, be it armed resistance against foreign occupation, the struggle for self-determination, or retaliatory attacks against the West. The evolution and contemporary abuses of jihad cannot be understood without a connection to the modern political context in which such action takes place. The aim of this book is thus to clarify the meanings of jihad and the manipulation of its sense since the rise of political Islam during the 1960s. Its authors address the intellectual underpinnings of the concept of jihad, and link it to the narratives and historical contexts in which jihad in its various meanings has been interpreted and applied. It draws a parallel between Islamic humanitarian tradition and international humanitarian law, challenging the distorted interpretation of peace and war in Islam. It aims also at exploring the impact that jihad has on international law and domestic law through state practice and in view of the mounting call that law should adapt to the new reality of transnational terrorism. The mixture of authors from Muslim as well as Western countries allows for a true dialogue between cultures and a diversity of views on the issue. This book is obviously highly recommended reading for academics and practitioners dealing with Islamic, national and international law and all those intrigued by and interested in the subject. Professor M. Cherif Bassiouni is Distinguished Research Professor of Law Emeritus, and President Emeritus, at the International Human Rights Law Institute, DePaul University College of Law, Chicago, Illinois. He has served the United Nations in various capacities, all in the field of humanitarian law, international criminal law and human rights law. Amna Guellali is a Senior Researcher at the department of international humanitarian and criminal law of the T.M.C. Asser Instituut, The Hague, The Netherlands.

This book examines the history of declaring war from the early modern era up to the drafting of the U.S. Constitution. In the late middle ages, formal declarations of war were highly ritualistic acts, but by the early seventeenth century, they had changed into a practice whereby an ambassador presented a printed declaration to an enemy king. Key issues covered here include determining how and when the medieval practices of declaring war gave way to the more modern ones, and the extent to which American framers accepted or rejected the practices of their era. While the debate over recent congressional resolutions authorizing use of the armed forces overseas has generated many publications, the wider history of declaring war has been far less a topic of study, and the early modern era has been all but ignored. This book's primary sources include ambassadorial reports, especially those from Venetian ambassadors, declarations of war, published works by noted contemporary thinkers, and several early modern literary works that depict the high drama of declaring war.

This book aims to determine UNESCO's capability to facilitate heritage protection measures pre-conflict, emergency response measures during conflict and reconstruction efforts post-conflict. The book employs document analysis to ascertain UNESCO's legal obligations when it comes to facilitating cultural heritage protection in its Member States' territories in the condition of armed conflict, while drawing comparisons with the reality of the organisation's presence and involvement in Yemen, Syria and Iraq. This study maps shifts in UNESCO's level of communication with each country's respective government and civil authorities; allocation of financial, human and material resources; and implementation of heritage safeguarding and reconstruction initiatives. Both quantitative and qualitative data shows UNESCO to exhibit great inequity in engagement, at times, closing communications entirely with Syria, due to the political standpoints of other UNESCO Member States. This political gridlock is often shown to result in the organisation overstating its ability to safeguard or restore heritage, with promises not being followed up with action. Since 2015, UNESCO has expressed a stronger intent to be a key player in heritage protection during armed conflict, however as long as cultural heritage protection is not considered a humanitarian concern, UNESCO will not be able to circumvent much of the political and bureaucratic barriers facing intergovernmental organisations during conflict, which prevent emergency action from being implemented. In order to ensure heritage safeguarding is permitted during periods of significant unrest, regardless of political discord, it is crucial that UNESCO promote a people-centred approach to its cultural heritage protection initiatives. This book evidences that focusing on livelihoods and meaningful and practical connections between populations and their local heritage to be UNESCO's optimal methodological approach for justifying cultural heritage protection as a humanitarian necessity. The book's readership includes academics, researchers, and practitioners in the fields of political science, law and heritage studies.

This book addresses international law and armed conflict in a wider context. Rather than taking a traditional approach, (i.e., focusing solely on the use of force and international humanitarian law), this book incorporates other international legal regimes such as human rights law, international private law, international criminal law, environmental law, as well as regional and national legal regimes. In doing so, a broader picture emerges and reveals the current challenges faced by lawyers in regulating armed conflicts. This in turn highlights the complexities, intricacies, and the interrelationship of the different regimes that may be rendered applicable to armed conflicts. Also, in taking a more inclusive approach, this book provides a new perspective on both existing and emerging themes in this field. The topics covered include privatisation of warfare, protection of the environment, use of natural resources to support armed conflicts, involvement of children in armed conflicts, the relationship between peace, security and justice, etc. This book is highly recommended for those working or involved in the topics dealt with, including academics, practitioners and military lawyers interested in international relations and international law and armed conflict. The editors are Senior Lecturers at the Bristol Law School, University of the West of England, UK.

This volume of the Yearbook of International Humanitarian Law takes a close look at the role of so-called "expert manuals" in the interpretation and development of the international law of armed conflict and connected branches of international law relating to military operations. While these manuals can and do play an undoubtedly useful role, their proliferation raises a number of questions. What degree of authority do they have and how much weight should be given to the views expressed in them? What is the methodology they employ and how effective is it in ensuring an as objective and impartial interpretation of the law as possible? What is their place in the doctrine of sources? While there is already a considerable body of literature addressing these and other relevant questions, this volume aims to contribute further to this discussion with contributions by three experts involved in one or more of these manuals in one capacity or another. Alongside these three contributions on this year's special theme, the second part of the book comprises three chapters that address timely and relevant issues of International Humanitarian Law. These range from starvation as a method of warfare, to emerging technologies of warfare, and also includes reflections on humanitarian assistance. Lastly, the volume concludes with the Year in Review, describing the most important armed conflict-related events and legal developments that took place in 2020. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.

This volume explores the various challenges faced by migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine the reception of unaccompanied children in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors' diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.