This book deals with the possible investigation and prosecution by the International Criminal Court (ICC) of crimes allegedly committed in the Israeli-Palestinian conflict. In light of the Rome Statute and the Practice of the Office of the Prosecutor of the Court, among others, it examines the route, possible outcomes, and challenges that may arise were the Palestine situation to be brought before the ICC. The subject matter is approached using the route the Prosecutor of the Court would generally employ to deal with situations. The publication offers a step-by-step procedure by which to conduct the preliminary examination and investigation of the situation in Palestine and deals with matters of jurisdiction, followed by a discussion of the fundamental concepts of complementarity and gravity to determine the admissibility before the ICC. Alleged crimes particularly unique to the Israeli-Palestinian conflict, such as the construction of settlements, forced displacement, house demolitions, the expropriation of land, the crime of apartheid and the blockade of Gaza, are dealt with in light of the Rome Statute and international law. On the basis of the established theories of transitional justice, the possible impacts of an ICC investigation and prosecution on the conflict are analysed and a number of insights are shared with regard to the impacts of the ICC on combatting impunity, fostering Palestine's statehood, peace negotiations and the stability of the region. Due to the politicisation of the conflict and the various interests at stake, the impact of the ICC's involvement on the credibility of the ICC itself is also reviewed. Recognizing the numerous impacts of the conflict on the existence of the two nations and the multitude of causes for its perpetuity, it does not limit itself to the ICC, but also provides other conflict resolution alternatives that could enable reconciliation and sustainable peace in the region. This book provides an array of opinions and a crucial input for researchers and practitioners alike, while it is also useful to those investigating and possibly involved in prosecutions regarding Palestine or other similar situations before the ICC. Seada Hussein Adem obtained a PhD from Humboldt University of Berlin, Germany, an LLM from the University of the Western Cape, South Africa, and an LLB from Haramaya University, Ethiopia.

This Companion is a one-stop reference resource on the Phnom Penh based ?Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court?s practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the court has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. Written by Nina Jorgensen, who has worked as senior adviser in the tribunal?s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with the ECCC. Academics focusing on international criminal justice will also find this useful to assess the value of the Extraordinary Chambers, both during the tribunal?s lifespan and after it has closed its doors.

The Iran-US Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. Volume 39 also contains the decisions of the Tribunal's appointing authority in four recent arbitrator challenges and, for the first time, includes the pleadings submitted by the parties and the challenged arbitrator. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These reports are essential for all practitioners in the field of international claims, academics in private and public international law and comparative lawyers, as well as all Governments and law libraries.

• An up-to-date and thorough guide to obtaining and succeeding in a career in criminal justice. • Ideal for all criminal justice and criminology departments incorporating internships and experiential learning into their programs • Takes a wholistic approach that covers important dynamics such as the impact of political ideologies on the work environment, the importance of empirical research, and the context in which criminal justice careers are embedded.

"International Commercial Arbitration" explores the laws, rules, international treaties and agreements, and regional conventions that dictate procedures in this dynamic area of the law. All of the materials contained in this comprehensive set are translated into English and organized according to jurisdiction for easy access. The arbitral process - from the arbitration initiation and choice of venue to enforcement to the award - 112 jurisdictions and 113 arbitral institutions and associations are found in this complete source. It is updated approximately four times per year.

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.

This work offers the first systematic analysis of the case law of the Inter-American Court of Human Rights to be published in the English language. The book provides a comprehensive collation and commentary on the jurisprudence of the Court, situating it in the broader context of international human rights law, drawing comparisons in particular with the case law of the European Court of Human Rights. It features coverage of both procedural and substantive human rights law.
Comprehensively indexed and cross-referenced, the book offers, for the first time in English, ready access to the jurisprudence of one of the major regional human rights courts. It will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Based on an original French publication, the book has been fully updated and rewritten and includes extensive bibliographies for each of the issues and rights selected for commentary.

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

Since its establishment in 1986, the annual "Freshfields Arbitration Lecture" (as it has come to be known) has given both practitioners and academics a unique and extraordinary opportunity to explore new insights and frontiers in the theory and practice of international arbitration. Hosted by the School of International Arbitration, Queen Mary University of London, each lecture provides an eminent figure in international arbitration a platform on which to investigate problems of interest on aspects and trends in the field. Bringing together all the published (and some unpublished) lectures in this important series, this valuable book confirms the interaction between theory and practice that the School has pursued since its inauguration, and provides in addition a remarkable testament of the School's policy of ensuring a comparative and international approach to international arbitration research and study. Twenty-one leading academics and practitioners explore the issues of States and state enterprises in arbitration, including the following topics: international investment arbitration; national regulation of arbitration with particular focus on the English Arbitration Act, the UNCITRAL Model Law, and Latin America; arbitration proceedings (including the problem of delays and control of the arbitral process); availability of remedies (Farnsworth 1990); efficiency of arbitration process; and the impact of rules of law and national law on arbitration tribunals and the arbitration process. The book also includes substantial coverage of such fundamental and more recent themes as default procedural rules, autonomy of the arbitration process, regulation of arbitration in national laws, validity of arbitral awards, and dissenting opinions. Several of the lectures have been augmented with updates and endnotes, and an in-depth introduction supplies a welcome overview. With contributions by some of today's leading academics and practitioners in the field, this book will be of great interest to arbitration lawyers, international lawyers, and business people, as well as to academics, law libraries, and students of dispute resolution.

Arbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favour of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system. Key Features: Comprehensive analysis of the existing tax treaty framework and their application to MAP and arbitration Up-to-date guidance on the best practices in alternative dispute resolution to ensure effective and efficient dispute resolution Original insights from dispute resolution mechanisms found in non-tax areas such as trade and investment law In-depth discussion of primary and secondary EU law rules on tax dispute resolution, including implications of EU general principles, fundamental rights and internal market rules Identifying some of the new issues in tax arbitration and offering views on how to tackle them in the most appropriate way, this book will be a key resource for tax law practitioners looking for the latest insights on how to navigate the legal framework for alternative tax dispute resolution. Students and academics focusing on commercial and tax law will also benefit from this detailed guide.

* Offers a user-friendly treatment of the intersection of code, statute, and case law that defines the law of crimes with critical, ethical, and moral emphasis on why certain conduct has been defined and deemed criminal by design * Written from a perspective honoring those entrusted with the many functions and processes related to the law of crimes * Uses a more Socratic method than the competitors by emphasizing the jurisprudential wisdom behind particular laws

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and philosophers.

* Offers a user-friendly treatment of the intersection of code, statute, and case law that defines the law of crimes with critical, ethical, and moral emphasis on why certain conduct has been defined and deemed criminal by design * Written from a perspective honoring those entrusted with the many functions and processes related to the law of crimes * Uses a more Socratic method than the competitors by emphasizing the jurisprudential wisdom behind particular laws

This book explores the reproduction of colonialism at the International Criminal Court (ICC) and examines international criminal law (ICL) vs the black body through an immersive format of art, music, poetry, and architecture and post-colonial/critical race theory lens. Taking a multi-disciplinary approach, the book interrogates the operationalisation of the Rome Statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial, and warns that it has ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of 'what is wrong' in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the law's interaction with the African. The African is but a unit utilised by the global elite to exploit and extract resources. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake is power, not justice. This power has been hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the 'independent' African state. The ICC reproduces the colonial by use of European law and, ultimately, the over-representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICC's involvement in Africa. The demand is made for an African court that utilises non-colonising African norms which are uniquely suited to address local conflicts. Multidisciplinary in nature, this book will be of great interest to students and scholars of international criminal law, criminal justice, human rights law, African studies, global social justice, sociology, anthropology, postcolonial studies, and philosophy.

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the Permanent Court of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest by deciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventions adopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure. Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principal organ.

This book examines the parallel development and interaction between the International Criminal Court (ICC) and the doctrine of the Responsibility to Protect (RtoP), assessing this relationship over time and through case studies of Darfur, Libya, and Syria. The similarities and connections between the doctrine and the Court have been highlighted by UN bodies, the organs of the Court, and scholars, yet their relationship and common impact on international law have been less explored. This book fills this gap in presenting an overview of how the development of RtoP and the ICC affect various branches of international law. The research shows that while the doctrine and the Court experienced significant implementation problems in their first decades of life, they nonetheless have the potential to contribute to the historical evolution of international law in combining their values of promoting international peace and protecting human rights. This interdisciplinary study will be useful for scholars of international law and international relations. It will also be beneficial to persons working for international organisations and for civil society organisations focused on the activity of the ICC and on the development of RtoP.

- Unique, practical text that gives step-by-step guidance in a growing area of legal practice - Supported by real-life examples, study questions, and multiple choice questions online. - Author is a practising attorney specialising in bankruptcy law, as well as an experience lecturer at a range of US institutions.

I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek - in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa -, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President. His vision and confidence in its future have been truly vindicated. Since its creation and up to 31 December 2003, 576 cases have been submitted, of which 550 were requests for arbitration and 26 for an advisory opinion. In 2004, there was a sharp rise in the number of cases handled by the CAS and this trend continues apace. Thus, the CAS goes from strength to strength and has a great future, having, in the words of the Swiss Federal Tribunal in its landmark judgement of 27 May 2003, "built up the trust of the sporting world and] . . . now widely recognised . . . as] . . . one of the principal mainstays of organised sport.

Is it possible for mediation to strengthen the effectiveness of international commercial arbitration?What is the role of mediation in the pursuit of restorative justice?How successful is international peace mediation, and in particular, the efforts of the African Union?These groundbreaking discussions, and more, have been carefully selected for publication in Contemporary Issues in Mediation Volume 3, featuring an entry from Brazil for the first time. The 12 essays cover a diverse range of topics, written by both new and experienced mediators. Practitioners may be especially interested in the section titled 'Mediation Skills', featuring essays that take a micro-perspective of the mediation process and the skills deployed by mediators.

The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts' Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations.The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States' practice, the Courts' jurisprudence and both Courts' relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system. This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora. Contents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court's Jurisdiction 11. Reconsidering the Optional Clause System Index

Since 1993, various international donors have poured money into a People-to-People (P2P) diplomacy programme in Palestine. This grassroots initiative - still funded by prominent external donors today - seeks to foster public engagement through contact and therefore remove deeply embedded barriers. This book examines the limited nature of this 'contact' and explains why the P2P framework, which was ostensibly concerned with the promotion of peace, ultimately served to reinforce conflict and power relations. The book is based on the author's own experience of the solidarity activities during the First Intifada and her first-hand involvement as a coordinator of the P2P projects implemented during the 1990s. It provides a much-needed critical account of the internationally-sponsored peace process and develops new theoretical analyses of settler colonialism.

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution. The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazic is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume.

This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.