During the 1990s, optimism abounded because international violence was in decline. The number of armed conflicts decreased worldwide from more than fifty in the early 1990s to fewer than thirty a decade later. This drop resulted largely from negotiations leading to peace accords. However, in a disturbingly large number of places, war was actually succeeded not by peace but by a stalemate. Peace accords were plagued by problems, including economic hardship, burgeoning crime, postwar trauma, and persistent fear and suspicion. Too often, negotiated settlements merely opened another difficult chapter in the peace process, or worse, led to new phases of conflict. This disappointing record is the subject of a multiyear project conducted by the University of Notre Dame's Research Initiative on the Resolution of Ethnic Conflict (RIREC). Located at the Joan B. Kroc Institute for International Peace Studies, RIREC explored three significant challenges of the postwar landscape: the effects of violence in internal conflicts after peace agreements have been signed; the contributions of truth-telling mechanisms; and the multidimensional roles played by youth as activists, soldiers, criminals, and community-builders. The project led to the 2006 publication of three edited volumes by the University of Notre Dame Press: John Darby's Violence and Reconstruction; Tristan Anne Borer's Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies; and Siobhan McEvoy-Levy's Troublemakers or Peacemakers? Youth and Post-Accord Peace Building. In Peacebuilding After Peace Accords, the three editors revisit the topics presented in their books. They examine the dilemmas each of the three challenges presents for postwar reconstruction and the difficulties in building a sustainable peace in societies recently destabilized by deadly violence. The authors argue that researchers and practitioners should pay greater attention to these challenges, especially how they relate to each other and to different post-accord problems. A foreword by Archbishop Emeritus Desmond Tutu sets the context for this volume, and an afterword by Eileen Babbitt reflects on its findings.

Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.

The ICSID Reports provide the only comprehensive published collection of arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including in particular the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT). These decisions, which are fully indexed, make an important contribution to the growing body of jurisprudence on international investment. The ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration or advising foreign investors. Volume 16 of the ICSID Reports includes the final award on jurisdiction and merits in Methanex v. United States and the awards in F-W Oil Interests v. Trinidad and Tobago, Noble Ventures v. Romania and Berschader v. Russia.

In 2021, the International Committee of the Red Cross released its Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (POWs). The new document updated the 1960 "Pictet Commentary." As a result, the attention of the law-of-armed-conflict community was refocused on the designation and treatment of POWs. The Lieber Institute for Law and Warfare at West Point launched a project to further examine the subject. The result is this book. Sadly, world events have made that examination especially timely. Unlike the ICRC's updated Commentary, this book is not meant to be a comprehensive treatment of the international law relating to POWs. Rather, it is a collection of capita selecta identified by the contributors as meriting further examination - either because they are unsettled, inadequately addressed in the literature, or operationally problematic. The work is in three parts. Part I examines qualification for POW status. Discussion then moves in Part II to the treatment to which POWs are entitled. Part III concludes with a consideration of the historical relevance of, and perspectives on, the international law governing POWs. As the drafters of the Third Geneva Convention emphasized over seventy years ago, the aim of the law is "to mitigate as far as possible, the inevitable rigours [of a war] and to alleviate the condition of prisoners of war." It is through that lens that scholars and practitioners should consider the rules governing POWs, and with which they should approach this book.

During the first decade of the twenty-first century, the rising demand for peacekeepers saw the United Nations (UN) operate at a historically unprecedented tempo, with increases in the number and size of missions as well as in the scope and complexity of their mandates. The need to deploy over 120,000 UN peacekeepers and the demands placed upon them in the field have threatened to outstrip the willingness and to some extent capacity of the UN's Member States. This situation raised the questions of why states contribute forces to UN missions and, conversely, what factors inhibit them from doing more? Providing Peacekeepers answers these questions. After summarizing the challenges confronting the UN in its force generation efforts, the book develops a new framework for analyzing UN peacekeeping contributions in light of the evidence presented in sixteen case study chapters which examine the experiences of the United States, the United Kingdom, France, the People's Republic of China, the Russian Federation, Bangladesh, Pakistan, India, Nigeria, Ghana, Nepal, Uruguay, Brazil, Turkey, South Africa, and Japan. The book concludes by offering recommendations for how the UN might develop new strategies for force generation so as to meet the foreseeable challenges of twenty-first century peacekeeping and improve the quantity and quality of its uniformed peacekeepers.

Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.

This report contains synopses of Supreme Court decisions issued from the beginning of the October 2004 Term through the end of the Term on June 27, 2005. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam. In addition to the summary, the date of decision is indicated, and cites to United States Law Week and West's Supreme Court Reporter are provided. Following each synopsis the vote on the Court's holding is indicated in bold typeface, and authors of the Court's opinion and of any concurring and dissenting opinions, along with the Justices who joined those opinions, are identified. Cases are listed alphabetically, and a subject index is appended.

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases - Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) - originally focused on race, many of the rewritten opinions - Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) - are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.

The International Criminal Court (ICC) is the first permanent international court with jurisdiction to prosecute individuals for "the most serious crimes of concern to the international community." While the U.S. executive branch initially supported the idea of creating an international criminal court, the U.S. ultimately voted against the Statute of the ICC and informed the United Nations that the U.S. did not intend to become a State Party to the Rome Statute. The United States' primary objection to the treaty has been the potential for the ICC to assert jurisdiction over U.S. civilian policymakers and U.S. soldiers charged with "war crimes". This book focuses on the jurisdiction, extradition and U.S. policy of the International Criminal Court.

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Since the Reports began in 1922 over 10,000 cases have been reported in full or digest form. This new companion volume is an indispensable guide to the Reports themselves, as well as being an essential compendium to the vast range of international law jurisprudence over the last eighty years. The Table of Treaties covers in a single consolidation all treaties referred to in volumes 1-120 of the International Law Reports by date and treaty title. It also indicates where the treaties may be found, particularly useful in the case of early and bilateral treaties. The Table is accompanied by indexes to the treaties by party and subject.

Published since 1929, and featuring cases from 1919, the International Law Reports is the only publication in the world devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This is an essential holding for every library providing even minimal international law coverage, offering access to the entire range of international case law in one efficient and economical publication.

Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

The fifty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC in the years 2011-2012. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing. This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.

Opposite pages bear duplicate numbering

Now in its third edition, International Project Finance is the definitive guide to legal and practical issues relating to international projects. The book considers the application of English and New York law in cross-border documentation and legal and practical matters associated with running financing projects in civil law jurisdictions. Different sources of funding are also examined, such as banking and international bond documentation, and Islamic financing practice, in particular the use of Murabaha financing techniques and Sukuk (Islamic bond) market. This includes the legal and documentation issues arising from the use of such financing techniques and how they interact with each other from a legal and contractual perspective. Equally significant, the book provides analysis of project defaults and work-outs giving guidance on how to manage projects when these circumstances arise. The book also contains extensive coverage of dispute resolution in international projects. New to this edition is a chapter on development finance institutions covering the work of bodies such as the World Bank and the African Development Bank. This chapter explains the key roles played by these institutions in international project finance, especially in emerging markets. It covers the key policy issues and the impact of such policies on project finance documentation. As well as addressing the basic principles which affect the structuring and documentation of project financings, the book also explains structural, legal and contractual differences between the various sectors such as transportation, infrastructure/Public Private Partnerships, conventional, renewable and nuclear power, mining, and oil and gas. Telcommunications, including broadband, are covered in more detail in a separate section for this edition. This book provides the context of international project finance which underpins the understanding of legal analysis in this area. It includes detailed guidance on practical issues such as the identification and assessment of project risk, together with relevant documentation such as risk matrices and checklists covering both key project contracts and the major terms of a project financing. With its focus on international projects and emphasis on the practical application of the law, this book is an essential reference work for all practitioners in the field.

Following the success of International Energy Investment Law: The Pursuit of Stability, this updated and expanded second edition re-examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and states in the international energy industry. Over past years an unprecedented growth of international investment law in the form of BITs, MITs, other treaty-based instruments, and domestic legislation has fundamentally altered the legal framework and offers extensive scope for international arbitration in the event of disputes. A wave of unilateral state action has tested the system in a number of high-value commercial disputes, most evidently in Latin American, Eastern Europe, and sub-Saharan Africa; protection for investors is being tested as arbitrators develop new notions of legitimate expectation and give content to fair and equitable treatment, while mapping out more precisely the duties which investors owe to host states. This book critically examines the interaction between contract and treaty forms of stability in the new multi-tier setting, including highly detailed regional case studies of Latin America, Eastern Europe, and (new to this edition) Africa. Central to the new edition is its expanded content on renewable energy, including claims under the Energy Charter Treaty, and energy-related minerals now playing a key role in the transition to a low carbon economy; the updated chapter on environmental issues also addresses decommissioning and low carbon/climate change issues. The book also considers emerging issues in unconventional oil and gas, issues arising from energy network operation including transit, and damages issues arising in energy cases. Particular attention is paid to the practical impact of these issues and the enforcement of awards by arbitration tribunals and bodies such as the ICSID, the ICC, and the LCIA. In its concluding section, the book looks forward to new challenges arising from climate change, human rights, and environmental issues.

Written by a leading legal researcher, this book offers a comprehensive study of the principle, a frequently invoked but rarely analysed aspect of investment arbitration. Good Faith in International Investment Arbitration is a thorough and expansive study that considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith. Expertly negotiating a complex principle, this book diligently follows the arbitral process from jurisdiction through merits and to cost decisions, identifying the various applications of good faith in investment disputes. The author offers detailed analyses of the role of good faith in defining nationality and investor as well as in pre-dispute admissibility requirements. The study then delves into the ways the principle guides parties' arguments and informs tribunals' decisions regarding evidence, substantive protections, and costs. It further addresses the role of good faith in the behaviour of arbitrators and other actors. This is an essential guide for anyone wishing to understand this important principle that has accompanied the developing system of international investment law.

The publication presents and analyses the findings of the first pilot reporting exercise under the Water Convention, which was carried out in 2017. Progress made in the implementation of the Convention is reviewed and summarised, together with the identification of significant trends, success, challenges and opportunities concerning transboundary water cooperation. The reporting mechanism under the Convention was formally adopted (decision VII/2) by the Meeting of the Parties to the Water Convention at its seventh session (Budapest, 17-19 November 2015).

While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This article-by-article commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw on case law gathered from foreign jurisdictions as well as the rich vein of case law in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules), combining these with their own extensive experience to provide a uniquely authoritative text. The work's comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. The second edition of A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.