International Law, Third Edition, offers a rigorous and supportive introduction to public international law for undergraduate and post-graduate readers. The text balances clear, concise discussion with in-depth analysis of international law principles at the international, regional and, where applicable, domestic levels. Offering a conceptual framework that simplifies the complexity of the international legal system, International Law supports learning efficiency and effectiveness, and enables readers to achieve mastery of the subject matter.

In addition to the core material that is addressed in international law curriculae, this third edition work engages with the many developments and topical issues that have assumed significance for international relations in the 21st century, since the publication of the previous edition. International Law is suited as core material for undergraduate courses in international law.

The work is also a useful first resource for legal practitioners who wish to engage with foundational and current principles of the field.

This fifth edition of International Law: A South African Perspective is now titled Dugard’s International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard.

The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard’s International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law.

South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad.

Air Law: A comprehensive sourcebook for Southern African pilots is the first book on air law published by a leading academic and is intended to serve the Southern African pilots' community. Written in a straight-forward style, Air Law is fully referenced and clearly presented. The book provides student pilots and their instructors with the in-depth knowledge that pilots need to pass their examinations and obtain their licences. Air Law offers private pilots a source of legal reference that will enable them to remain competent and compliant aviators and guides them through complex regulations. Air Law will also help commercial pilots to secure the core knowledge of air law that they need to progress to advanced procedures. The book contains a section intended for drone pilots. Air Law tells a story: that of flying safely. The book offers readers who are passionate about aviation a deep insight into the art of safe flying. You will follow a VFR pilot on a cross-country flight, and see how the rules, regulations, and demands of air law are there to produce better pilots, and to make flying a unique and long-lasting human experience.

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

• The Arbitration Act 42 of 1965;
• The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
• The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)

It has been well-established that many of the injustices that people around the world experience every day, from food insecurity to unsafe labor conditions and natural disasters, are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? In one sense, we answer this question when we buy the local homeless street newspaper, decide where to buy our clothes, remember our reusable bags when we shop, donate to disaster relief, or send letters to corporations about labor rights. But given the global scale of injustices related to poverty, environmental change, gender, and labor, can these individual acts really impact the seemingly intractable global social, political, and economic structures that perpetuate and exacerbate them? Moreover, can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly both answers the question of what should we do, and shows that it's the wrong question to ask. To ask the right question, we need to ground our normative theory of global justice in the lived experience of injustice. Using a feminist critical methodology, she argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice, regardless of our causal responsibility and extent of our knowledge of the injustice. Furthermore, it is a matter that needs to be guided by principles of human rights. As she argues, while many understand human rights as political goals or entitlements, they can also guide political strategy. Her aims are twofold: to present a theory of what it means to take responsibility for injustice and for ensuring human rights, as well as to develop a guide for how to take responsibility in ways that support local and global movements for transformative politics. In order to illustrate her theory and guide for action, Ackerly draws on fieldwork on the Rana Plaza collapse in 2013, the food crisis of 2008, and strategies from 125 activist organizations working on women's and labor rights across 26 countries. Just Responsibility integrates these ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.

The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence-and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

There are currently over 100 stateless nations pressing for greater self-determination around the globe. The vast majority of these groups will never achieve independence. Many groups will receive some accommodation over self-determination, many will engage in civil war over self-determination, and in many cases, internecine violence will plague these groups. This book examines the dynamic internal politics of states and self-determination groups. The internal structure and political dynamics of states and self-determination groups significantly affect information and credibility problems faced by these actors, as well as the incentives and opportunities for states to pursue partial accommodation of these groups.
Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics.
The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.

Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law

How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?
In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.
Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.
From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market.
Based on exclusive research and up-to-date best practices within the online dispute resolution fieldSimple and clear with an in-depth analysis and of a wide range of topics such as technology, management and lawProvides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL

From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.

When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.

Regularly amended and updated since its entry into force, this agreement contains the conditions under which dangerous goods may be carried internationally. This revised version is based on amendments applicable as from 1 January 2023.

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights?
This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others.
The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

The material compiled in this volume provides a chronological record of events and documents of the Group of 77 since its creation in 1963. This Third Volume focuses on the North-South Dialogue and other negotiations regarding trade, tariffs, international finance, foreign aid, and governance of multinationals.

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory.
A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.