Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.

Although arbitration is a way of settling disputes without expensive court litigation, it carries with it a central conflict for the state. That is, if the judgments of the arbiter are not supported by the state, then they are not enforceable, and arbitration becomes unworkable. On the other hand, arbitration can frequently be manipulated to maintain inequitable relationships, and the state has legitimate reservations about surrendering or leasing its authority. In this work, Ian Macneil examines the history of the American arbitration legislation that deals with this conflict.

The first comprehensive study of judicial remedies in international law, this book begins with a close examination of the early development of judicial remedies through the varied practice of international arbitral tribunals. Gray then goes on to evaluate the significance of the contributions made by the Permanent Court of International Justice, its successor the International Court of Justice, and specialized tribunals such as the European and American courts of human rights and the United Nations administrative tribunal. The author finally considers whether recent international commercial arbitration offers a new approach to the question of judicial remedies.

This incisive book is an indispensable guide to the New York Convention's uniform regime on recognition and enforcement of foreign arbitral awards. Framing the Convention as a uniform law instrument, the book analyses case law from major arbitration jurisdictions to explain its scope of application, the duty to recognize arbitral agreements and awards as well as their limitations, and the procedure and formal requirements for enforcing arbitral awards. Combining insight from arbitration practice with perspectives from private international law, the book underlines the importance of the Convention's foundation in a treaty of international law, arguing that this entails a requirement to interpret the key concepts it sets forth based on international law rules of interpretation. However, it also demonstrates where municipal laws are relevant and discusses the private international law principles through which these instances can be identified. Addressing one of the core treaties of international arbitration, this will be crucial reading for legal practitioners and judges working in the field. It will also prove valuable to scholars and students of commercial and private international law, particularly those focused on cross-border disputes and arbitration.

The interpretation of legal texts is, essentially, a question of judgement. But that judgement cannot be exercised arbitrarily, it must be exercised in accordance with the rule of law. In Principles of Statutory Interpretation, Richard Calnan explains these rules using seven defined principles that should be considered when interpreting legislation. The first principle of 'object intention' concerns establishing how a reasonable person would interpret the legislation. The second confirms that the actual text or words of the statute are the source of that objective intention. Principle 3 reminds us that words used must be interpreted given their role in the statute as a whole, and the fourth principle examines how that context may be judged. The fifth and sixth highlight that words should, generally, be given their natural meaning in statute, and for those words that are ambiguous, the approach is to apply the meaning that the legislature is most likely to have intended. However, the seventh principle recognises that there are circumstances when words are given a meaning which differs from their natural meaning. These principles are not a series of self-contained precepts which can be applied independently of each other, rather they need to be understood together. Principles of Statutory Interpretation, provides the reader with examples which illustrate how the various principles of statutory interpretation, work in practice

The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to influence the law of the sea in the future. As the case law under UNCLOS is less extensive than some other areas of compulsory jurisdiction like trade and investment, the phenomenon of dispute settlement under UNCLOS is under-studied by comparison. Cases have not only refined the parameters for the exercise of compulsory jurisdiction under the Convention, but also contributed to the interpretation and application of substantive rights and obligations in the law of the sea. In relation to jurisdiction, there is important guidance on what disputes are likely to be subjected to binding third-party dispute resolution, which is a critical consideration for a treaty attracting almost 170 parties. Judging the Law of the Sea brings together an analysis of all the case law to the present day while acknowledging the complex factors that are inherent to the judicial decision-making process. It also engages with the diverse facets that continue to influence the process: who the Judges are, what they do, and what their roles might or should be. To capture the complex decision matrix, the authors explore the possible application of stakeholder identification theory to explain who and what counts in the decision-making process.

Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-state disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.

Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration. This Pack edition includes a copy of the hardback edition plus an access code for the digital edition, which can be accessed via the LawReader app Companion website: www.oup.com/redfernhunter.

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration.

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 17 of the ICSID Reports includes the decisions on jurisdiction, merits and annulment in Helnan v. Egypt States, and the awards in Inceysa v. Salvador, Telenor v. Hungary, World Duty Free v. Kenya, UPS v. Canada, and Plama v. Bulgaria.

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. "The New Terrain of International Law" charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics.

"The New Terrain of International Law" presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.

This is the leading work on Swiss arbitration law by a recognised team of experts. The fully revised and supplemented Fourth Edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland, including on the recent revision of Chapter 12 PILA in 2020. It provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competence-competence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland. All practitioners in the field will find this new edition invaluable.

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.

What does it take for warnings about violent conflict and war to be listened to, believed and acted upon? Why are warnings from some sources noticed and largely accepted, while others are ignored or disbelieved? These questions are central to considering the feasibility of preventing harm to the economic and security interests of states. Challenging conventional accounts that tend to blame decision-makers' lack of receptivity and political will, the authors offer a new theoretical framework explaining how distinct 'paths of persuasion' are shaped by a select number of factors, including conflict characteristics, political contexts, and source-recipient relations. This is the first study to systematically integrate persuasion attempts by analysts, diplomats and senior officials with those by journalists and NGO staff. Its ambitious comparative design encompasses three states (the US, UK, and Germany) and international organisations (the UN, EU, and OSCE) and looks in depth at four conflict cases: Rwanda (1994), Darfur (2003), Georgia (2008) and Ukraine (2014).

A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject. The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.

International Arbitration in Korea provides a comprehensive introduction to more than 140 arbitral cases and commentaries in Korea and introduces the arbitration community to the jurisprudence and scholarship of this underappreciated but well developed jurisdiction. The book encompasses all the major current and historical arbitration cases in Korea alongside practical and scholarly commentary. In keeping with the growth of international arbitration in Asia, Korea is emerging as an alternative centre of arbitration and the number of international arbitration cases involving Korean parties is on the increase. In 2016 the Korean Commercial Arbitration Board (KCAB) reported record growth in the number of arbitration cases it administered, and Korea's Arbitration Act as well as KCAB's own International Rules were both amended. International Arbitration in Korea is both the first book in English to cover the most significant arbitration cases in Korea and the first to take account of these latest amendments. The book is an essential international arbitration resource and reference that will be attractive to academics, arbitrators, jurists, students, practitioners, in-house counsel, and researchers.

Although the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational, and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today. The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational, and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Dedicated chapters analyse the Hague Principles from a historical, theoretical, and international organizational point of view. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.

This book explores contemporary civil-military relations in the United States. Much of the canonical literature on civil-military relations was either written during or references the Cold War, while other major research focuses on the post-Cold War era, or the first decade of the twenty-first century. A great deal has changed since then. This book considers the implications for civil-military relations of many of these changes. Specifically, it focuses on factors such as breakdowns in democratic and civil-military norms and conventions; intensifying partisanship and deepening political divisions in American society; as well as new technology and the evolving character of armed conflict. Chapters are organized around the principal actors in civil-military relations, and the book includes sections on the military, civilian leadership, and the public. It explores the roles and obligations of each. The book also examines how changes in contemporary armed conflict influence civil-military relations. Chapters in this section examine the cyber domain, grey zone operations, asymmetric warfare and emerging technology. The book thus brings the study of civil-military relations into the contemporary era, in which new geopolitical realities and the changing character of armed conflict combine with domestic political tensions to test, if not potentially redefine, those relations.

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 China International Economic and Trade Arbitration Commission (CIETAC) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2015 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience. This is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. The commentary groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings; Awards; Summary Procedure and Costs. The text concludes with a chapter on the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.