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.

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.

The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal. CONTENTS PART 1 THE GENEALOGY OF HUMAN RIGHTS 1 The Triumph of Human Rights 2 A Brief History of Natural Law I: The Classical Beginnings 3 A Brief History of Natural Law II: From Natural Law to Natural Rights 4 Natural Right in Hobbes and Locke 5 Revolution and Declarations: The Rights of Men, Citizens and Few Others 6 The Triumph of Humanity: From 1789 to 1989 and from Natural to Human Rights PART 2 THE PHILOSOPHY OF HUMAN RIGHTS 7 The Classical Critiques of Rights: Burke and Marx 8 Subjectum and Subjectus: The Free and Subjected Subject 9 Law's Subjects: Rights and Legal Humanism 10 Hegel's Law: Rights and Recognition 11 Psychoanalysis Becomes the Law: Rights and Desire 12 The Imaginary Domain and the Future of Utopia 13 The Human Rights and the Other 14 The End of Human Rights

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.

by Johan G. Lammers* After having completed his law studies at the Free University of Amster dam, Adriaan Bos began his career as a civil servant in 1960 in the De partment of European Integration of the Netherlands Ministry ofEco nomic Affairs. After the entry into force ofthe Rome Treaty establish ing the European Economic Community European Law had become a majornew field ofinternational law. The experience gained inthat field no doubt constituted an important asset when he left the Ministry of Economic Affairs in 1963 in order to join the Office of the Legal Adviser in the Netherlands Ministry of Foreign Affairs. This move opened broad new perspectives for involvement in international legal affairs and it is probably not exaggerated to say that for the true interna tionallawyer the Office ofthe Legal Adviser in the MinistryofForeign Affairs is the most attractive office which the Netherlands Government has to offer. Entering the Office as an Assistant Legal Adviser in 1963, Adriaan became Deputy Legal Adviser in 1984 and finally in 1989Legal Adviser. He was the fourth Legal Adviser after the Second World War succeed ing in that position l. P. A. Francois, Willem Riphagen and Godert Maas Geesteranus, who had all servedthe cause ofinternational law with great dedication. The position of the legal adviser in matters of international law is ajob ofgreat responsibility and with many facets. It compels the holder of that position to play different roles."

The many terms and legal expressions in the discourse of human rights are often unknown or misunderstood in their international context. Yet human rights have their ultimate expression in the international legal context: in international treaties, declarations, country-specific or thematic reports, decisions of administrative or quasi-judicial bodies, and court judgments, all of which employ legal terminology. The same is increasingly so in the national legal context, which looks to the international context as a source of law and legal interpretation. "A Handbook of International Human Rights Terminology" is a much-needed tool that provides access to the developing language of human rights and aids in full comprehension of human rights theory and issues. In this convenient handbook almost eight hundred key terms and acronyms commonly used in international and national human rights discourse are defined in non-technical language. Included are definitions of foreign language terminology, including many Latin terms. A useful appendix contains the full text of the four principal international human rights instruments that constitute the International Bill of Rights, along with an internationally accepted list of the specific substantive human rights contained in those instruments. An accessible introduction for students and newcomers to the field of human rights, this handbook will also serve as an indispensable reference for specialists.

Following a review of international humanitarian and criminal law and a description of many unpunished massacres or genocides, this book opens up perspectives of remedy through national justice, truth and reconciliation commissions, and mainly international criminal justice. In June 1998, diplomats from all United Nations' countries met in Rome to draft the Statute of a permanent International Criminal Court, a daring innovation. Based on the precedents of the Nuremberg and Tokyo Tribunals and the War Crimes Tribunals for the Former Yugoslavia and Rwanda, the new Court will judge individuals, not states, for grave violations of international humanitarian law.

The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection. Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

After fourteen years as a death row lawyer in Florida, Michael Mello has seen enough. Dead Wrong is a candid and compelling account of his decision to withdraw from "the machinery of death" - the American capital punishment system. Telling stories of cases he worked on - including those of confessed serial killer Ted Bundy and of "Crazy Joe" Spaziano, wrongly convicted but still on death row after twenty years - Mello provides an inside view of death row lawyering as no one has done before. He describes how he and others fought to make the post-conviction system work, ensuring inmates the right to a fair appeal. Alternately impassioned, angry, and haunted by the victims, crimes, and criminals, Mello draws us into the legal maze of appeals, death warrants, stays of execution, and executions. Though Mello is unflinching in his recognition of the brutal realities of capital crimes, his book is a powerful indictment of the death penalty enterprise in America. He is appalled at the lack of vigilance in a system that routinely punishes guilty and innocent alike. And, practicing in Florida, he saw the state's death penalty cost to taxpayers rise to an estimated average $3.2 million per execution - six times the average cost of life imprisonment.

This work examines both the failures and successes of intervention by the international community into the internal conflicts that are plaguing the post-Cold War world. It examines the legal framework and the bureaucratic and political realities that govern intervention and helps to explain why performance has been so uneven. The strategy offered by the authors operates within the parameters of legal and political limits to improve effectiveness by increasing international cooperation. Although radical in the context of international intervention, it has strong precedents in both industry and in actual conflict resolution. It involves a move to decentralization of operations to the field, permitting those on the scene to exercise far greater responsibility than is now the case. It details models of success and argues that effective decentralization can be institutionalized. For this proposed strategy to be effective, reponsible leadership of international organizations and their member states requires reassurance. This reassurance can be provided by a process of systematic and joint planning for intervention performed at the highest level as well as by careful training within civilian agencies that deal with diplomacy or humanitarian services. All of the arguments and strategies developed by the authors are supported with examples developed from case studies of how to effectively accomplish their goal of mitigating the outbreaks of violent conflicts through improved international cooperation in intervention.

Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity-for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Raul Alfonsin after the fall of the military junta in 1983. The centerpiece of Alfonsin's human rights program was the trial held in a federal court in Buenos Aires in 1985, which resulted in the convictions of five of the leading members of the junta that ruled the country from 1976 to 1983. Placing the Argentine experience in the context of the war crimes trials at Nuremberg, Tokyo, and elsewhere, Nino examines the broader questions raised by human rights trials. He considers their political repercussions and their potential for strengthening the new democratic government. He explains why prosecutions for human rights violations should be grounded on a theory of the criminal law that emphasizes the preventive rather than retributive functions of punishment. Nino rejects the obligation to punish perpetrators of radical evil and argues instead for a more forward-looking duty-to safeguard democracy. This, he believes, is what ultimately justified the Argentine trials and should be the focus of any international action.

Leading international security scholars and policy advisors from universities, think-tanks, and nuclear weapons laboratories in the United States analyze the future of nuclear weapons proliferation. In April 1995, the earlier 1970 Nuclear Non-Proliferation Treaty was renewed indefinitely and without change to the original clauses of the treaty. The authors examine the continuing relevance or irrelevance of the old treaty, the role of coercive sanctions in enforcing restraint, and the impact of biological, chemical and missile proliferation on the nuclear motives and ambitions of various states. Attention is given to proliferation conditions in the former Soviet republics, East and South Asia and the Middle East.

The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).

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.

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.

"A vivid reconstruction of the actions of the wartime allies and the Nazi elite at Nuremberg. Persico eaily carries us into a deeper understanding of the trials."—New York Newsday.

Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992. On 22nd January 1993, the Max Planck Institute organized a colloquium in honour of Hermann Mosler, on a topic which is of theoretical as weIl as practical interest: Interim Measures Indicated by International Courts. The participants of the colloquium were outstanding scholars and experts in the area of international dispute settlement. The present publication is based on the colloquium of January 1993. It contains four reports, namelyon the International Court of Justice (Thirl way), the Court of Justice of the European Communities (Jacobs), the Inter-American Court of Human Rights (Buergenthal) and the European Court of Human Rights (Bernhardt). Three of the reports were orally pre sented and discussed, and they have been revised and expanded for this publication; the report by Thomas Buergenthal could only be submitted in writing. In preparing the colloquium the authors were requested to concentrate their contributions on the following questions : 1. Legal bases for the indication of interim measures (convention, statute, rules of court). 2. Conditions for the indication of interim measures (jurisdiction, compe tence, admissibility, urgency, necessity - irreparable damage -; request of the parties andjor indication by the court proprio molu).

Since the Cold War, humanitarian interventions have transitioned through a range of stages. These 12 essays focus on the challenges associated with interventions, conflict and attendant human rights violations, unmitigated and systematic violence, state re-building, and issues associated with human mobility and dislocation. Each chapter is linked to the rest through three defining themes that permeate the book: the 'global and the local' in the context of interventions; extending and broadening the definitions associated with interventions; and mapping the evolution of interventions over the last three decades.

Here, for the first time in one volume, is the full story of crimes committed by the Nazi leaders and of the trials in which they were brought to judgement. Conot reconstructs in a single absorbing narrative not only the events at Nuremburg but the offenses with which the accused were charged. He brilliantly characterizes each of the twenty-one defendants, vividly presenting each case and inspecting carefully the process of indictment, prosecution, defense and sentencing.

Whereas states formerly had a right to wage war under a wide range of cicumstances, now war is legally permitted only in self defence. Yet wars persist. If their incidence is to be reduced, we must understand the forces that maintain war as an institution. The contributors to this book consider the nature of war and the forces that sustain it from diverse perspectives ranging from anthropology, history, political science, theology, philosophy, international law, economics, psychiatry and biology. The complexity of modern war requires understanding not only of several layers of social complexity - individuals, groups, societies - but also of the dialectical relations between those levels. This implies that individuals can contriburte towards a reduction in wars incidence.