Countries throughout the world are grappling with the practical and moral issues raised by increasing numbers of refugees. Matthew Gibney's book asks how Western countries should respond to the claims of refugees who arrive on their territory, and relates the question to wider issues surrounding immigration, citizenship and the responsibilities of democracies. Examining policy in the United States, Germany, the United Kingdom and Australia, this book offers an important contribution to a highly topical subject.

Millions of people are forced today to flee persecution. The core international legal instrument on which they must rely to find safety is the 1951 Convention Relating to the Status of Refugees. This book examines key challenges the Convention faces, on the basis of nine papers by eminent international refugee lawyers, which were then discussed at an expert roundtable meeting in 2001 as part of UNHCR's Global Consultations on International Protection. The papers are published here in one volume, together with the conclusions of the roundtables and other documents.

Peace Agreements and Human Rights examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on a comprehensive appendix of over 100 peace agreements signed after 1990, in over 40 countries. Four sets of peace agreements are then examined in details, those of Bosnia Herzigovnia, Northern Ireland, South Africa and the Israeli/palestinian conflict. The Human Rights component of each of these agreements are comapred with each othe- focussing not on direct institutional comparison, but rather on the set of trade-offs which comprise the 'human rights dimension' of the agreements. This human rights dimension is also compared with relevant international law. The book focusses on the comparison of three main areas: self-determination and 'the deal', institution-building for the future, and dealing with the past. The purpose of the comparison is to illuminate thinking at three levels. First, it aims to provide some clear analysis of the role of human rights in peace agreements and the role of peace agreements in peace processes and conflicts more generally. Second, it considers whether and how international law guides or influences the negotiators who frame peace agreements, or whether international law is running to catch up with the mechanisms turned to in peace agreements. Finally, to provide a context from which to examine the relationship between justice and peace, and law and politics more generally. The author argues that the design and implementation prospects are closely circumscribed by the self-determination 'deal' at the heart of the agreement. She suggests that the entangling issues of group access to power with individual rights provision indicates the extent to which peace-making is a constitution-making project. She argues in conclusion that peace agreements are in effect types of constitution, with valuable lessons about the role of law in social change in both violent conflict and more peaceful contexts.

Should states use military force for humanitarian purposes? Well known scholars and practitioners come together in this book to provide practical and theoretical answers to this burning question. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations, but also for Western states and humanitarian organisations.

Balakrishnan Rajagopal's fundamental critique of modern international law draws attention to traditional Third World engagements. Rajagopal challenges current approaches to international law and politics either through states or through individuals. With transnational and local social movement action now becoming increasingly visible and important--as witnessed in Seattle in 1999, he demonstrates that a new global order must consider seriously the resistance of social movements in the development of international law.

The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

This volume first addresses the material details of the Human Rights Act 1998 and then examines the schemes for immigration control mandated by the Immigration and Asylum Act 1999. Further chapters contain in-depth analyses of the impact of the Human Rights Act 1998 on a number of areas of immigration and asylum law and practice in the UK.

"The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences continue unchecked?" (United Nations Secretrary-General Kofi Annan). This book is a comprehensive, integrated discussion of `the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. Humanitarian Intervention is an invaluable contribution to the debate on all aspects of this vital global issue. J.L. Holzgrefe is a Visiting Research Scholar in the Department of Political Science, Duke University. He is a former Lecturer in International Relations at the University of St. Andrews, Scotland, and visiting scholar at the Center of International Studies, Princeton University, the Center for International Affairs, Harvard University, and elsewhere. He was educated at Monash University, Australia and Balliol College, Oxford. He has published on the history of international relations thought. Robert O. Keohane is James B. Duke Professor of Political Science, Duke University. He is interested in the role played by governance in world politics, and in particular on how international institutions and transnational networks operate. He is the author of After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, 1984), for which he was awarded the second annual Grawemeyer Award in 1989 for Ideas Improving World Order. He is also the author of International Institutions and State Power: Essays in International Relations Theory (Westview, 1989), co-author of Power and Independence: World Politics in Transition (Little, Brown, 1977; 3rd edition 2001), and co-author of Designing Social Inquiry: Scientific Inference in Qualitative Research (Princeton, 1994). He is a fellow of the American Academy of Arts and Sciences and has been the recipient of a Guggenheim fellowship.

This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States.

When the Allies tried German war criminals at the end of World War II they were attempting not only to punish the guilty but also to set down a history of Nazism and of what had happened in Europe. Yet as Donald Bloxham shows in this incisive new account the reality was that these proceedings failed: not only did the guilty often escape punishment but the final solution was largely written out of history in the post-war era.

When does the waging of war become a criminal act? And who is in a position to judge? Ranging from the American Indian wars to the Civil War to World War I, and culminating with the Nuremberg and Tokyo trials following the Second World War, Peter Maguire provides much-needed historical perspective on the crucial and ever more urgent issues of war and justice. His examples illustrate the gradations of political justice and the perpetual redefinition of war crimes across three continents and more than a century of American foreign policy.

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment in African human rights law and international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. (Introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.) Previous Edition Hb (1997): 0-521-58135-4 Previous Edition Pb (1997): 0-521-58887-1

Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives.

Governments now face complex dilemmas regarding the promotion of human rights, the punishment of crimes against humanity, and the scope for humanitarian intervention. This book offers a theoretical and empirical analysis of these issues. The contributors explore the meaning of "ethical foreign policy" and look at potential or actual instruments of ethical foreign policy-making. Finally, three case studies examine more closely developments in the foreign policies of the U.S., the U.K., and the European Union, to assess the difficulties raised by the incorporation of ethical considerations into foreign policy.

International organizations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations). Wellens considers the remedies available to potential claimants such as private contractors, staff members or anyone suffering damage. Can they turn to an ombudsman or national courts, or do they have to rely on support by their own state? Are the remedies provided by international organizations adequate? Wellens' study includes suggestions for alternative remedial options.

Why is it that soldiers may be killed in war but civilians may not be killed? By tracing the evolution of the principle of non-combatant immunity in Western thought from its medieval religious origins to its modern legal status, Colm McKeogh attempts to answer this question. In doing so he highlights the unsuccessful attempts to reconcile warfare with our civilization's most fundamental principles of justice.

"Whitty, Murphy and Livingstone on Civil Liberties Law is a new and innovative student text which looks at all the major areas of civil liberties law. The text deals with fair trial, public order, terrorism, prisoners, the secret state, privacy, equality and hate speech and includes the Human Rights Act 1998. It is ideal for students taking the proliferating number of civil liberties or human rights courses, as well as those studying constitutional and public law courses."

This book, winner of an ASIL Certificate of Merit 2002, critically examines the right of humanitarian intervention, asserted most spectacularly by NATO during its 1999 air strikes over Kosovo. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule, or linked to the changing role of the Security Council. Through an analysis of these questions, the book puts NATO's action in Kosovo in its proper legal and historical perspective.

This book examines human rights provisions in peace agreements and through them the role of human rights protection in peace processes. It focuses on peace agreements in South Africa, Northern Ireland, Israel/Palestine, and Bosnia, and also draws on a review of peace agreements in over 40 countries. It compares the realpolitik of what parties agree to in peace agreements with international law provisions relating to human rights.

This book sheds new light on the security challenges for failed states posed by violent non-state armed actors (VNSAs). By focusing on the Syrian Civil War, it explores the characteristics, ideologies and strategies of the Islamic State (ISIS) and the People's Protection Units (YPG), as well as the regional and geopolitical impacts of these VNSAs. The contributors also cover topics such as the re-imagination of borders, the YPG's demands for national sovereignty, and the involvement of regional and global powers in the Syrian crisis. "This timely volume by regional scholars and experts examines various aspects of the emergence and expansion of violent non-state actors in the Syrian/Iraqi conflict. The wealth of detail and approaches enhance our understanding of the transformation and dynamics of contemporary conflicts within and beyond the region." Keith Krause, The Graduate Institute, Geneva "This book opens fascinating glimpses into contrasting forms of "state-like" governance established by non-state actors, ISIS and the Kurdish PYD. [...] It is an important source for students of the Syrian conflict, civil wars, failed states and hybrid governance."Raymond Hinnebusch, Director Centre for Syrian Studies, University of St. Andrews "This book is an excellent resource for those looking for an interdisciplinary account of VNSAs during the Syrian civil war. It makes a nice contribution to the study of violent non state actors and poses a set of new and pressing questions." Max Abrahms, Northeastern University.

The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

This book offers a collection of original essays by a leading group of contributors which examine the role played by international human rights instruments and agendas in shaping domestic provisions for the promotion and protection of human rights and fundamental freedoms.

The legality of nuclear weapons has been strongly questioned in recent years, particularly by the developing countries and non-governmental organisations. Their concern found expression in the requests by the World Health Organisation and the United Nations General Assembly to the International Court of Justice to pronounce on the legality of their use. On 8 July 1996, the Court handed down two Advisory Opinions; these are the first authoritative international judicial opinions since the development of nuclear weapons in the 1940s. This 1999 book offers a comprehensive study of the opinions. More than thirty internationally respected experts contribute their analyses of the status of nuclear weapons in international law across all its sectors: use of force, humanitarian law, environment and human rights. The contributions also assess the implications of the opinions for international organisations and the international judicial function. Contributors include lawyers, academics, diplomats and advisors to international bodies.

The San Remo Manual is a contemporary restatement - together with some progressive development - of the law applicable to armed conflicts at sea, and has been drafted by an international group of specialists in international law and naval experts convened by the International Institute of Humanitarian Law. The last such restatement was undertaken by the Institute of International Law in 1913, and for the most part treaty law has not incorporated developments in the law since 1907. The accompanying Explanation is written in the form of a commentary and indicates the sources used by the experts for each of the provisions of the Manual and the discussion that led to their adoption. The work is based on treaty law of continuing validity and State practice and takes into account developments in related areas of international law, in particular, the effect of the UN Charter, the 1982 Law of the Sea Convention, air law and environmental law. The Manual and Explanation represent a unique effort of experts from different parts of the world to establish the present state of the law. This document will be of major contemporary, future and historical importance, and will help shape generally accepted international law regulating armed conflicts at sea. There is no other book like it.

Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.