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. This book explores the scope and functioning of international law, and how it helps to underpin our international political and economic systems. It goes on to examine the wider theoretical implications of international law's role in modern society. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters focus on the limits of national freedom of choice - the interntional minimum standards set in international human rights law, and the 'macro-political' rights of minorities, and the rights of peoples to self-determination. Two final chapters look at the international law principles applicable to the use of force and the control of international crime, as well as the processes for the prevention and settlement of international disputes. Of all legal subjects, international law is at once the most richly variegated and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis and comment 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. This book explains how through the organizing concepts of territory, sovereignty, and jurisdiction international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

This collection brings to light three accounts on the Holy Roman Empire and Denmark during the second half of the sixteenth century. Written by two Englishmen and one Scot, these works demonstrate the depth of diplomacy as carried out by highly specialized representatives, the complexity of politics in the Empire, and the volatile but crucial role played by religion in international relations during a period of conflict. The first treatise dates from 1569, when Queen Elizabeth and the Protestant Princes of Germany tried to form an alliance against Catholic powers, the second from 1588, when Denmark was adjusting to a regency government, the third from 1590, when King James VI sent his first embassy to Germany and Denmark after his marriage to Anna. This volume will be useful to scholars of Britain, Germany, and Denmark, as well as those interested in more general aspects of early modern diplomacy and religion.

Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.

Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.

This book analyses the Oslo Accords - the historic Israeli-Palestinian peace agreements. Other books have described the politics behind negotiation of the Accords; this is the first book to analyse the Accords from the standpoint of international law. Professor Geoffrey Watson argues that the Accords are legally binding agreements, not just political undertakings. He argues that neither side has complied with all its obligations, but that the Accords remain in force all the same. Finally, Watson suggests how international law might help shape resolution of 'final status' issues such as Jerusalem, settlements, and refugees.

This book, the first in a new series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. The volume provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing recent progress in the development of domestic regulatory regimes for biosafety. It also examines the legal, political, economic, and practical challenges and solutions encountered in recent efforts to develop and implement domestic biosafety regulations, with a focus on developing countries. In the year of the fifth UN Meeting of the Parties to the Cartagena Protocol on Biosafety, at the signature of a new Nagoya-Kuala Lumpur Protocol on Liability and Redress, this timely book examines recent developments in biosafety law and policy.

Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

In what ways is climate change political? This book addresses this key - but oddly neglected - question. It argues that in order to answer it we need to understand politics in a three-fold way: as a site of authoritative, public decision-making; as a question of power; and as a conflictual phenomenon. Recurring themes center on de- and re-politicization, and a tension between attempts to simplify climate change to a single problem and its intrinsic complexity. These dynamics are driven by processes of capital accumulation and their associated subjectivities. The book explores these arguments through an analysis of a specific city - Ottawa - which acts as a microcosm of these broader processes. It provides detailed analyses of conflicts over urban planning, transport, and attempts by city government and other institutions to address climate change. The book will be valuable for students and researches looking at the politics of climate change.

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialized lawyers and governments.

The admission of a state to membership is an important decision for an international organisation. In making this determination, organisations are increasingly promoting the observance of human rights and democratic governance as relevant principles. They have also applied the same criteria in resolving the question of whether existing members should be excluded from an organisation's processes. Through a systematic examination of the records, proceedings and practice of international organisations, in this book Alison Duxbury examines the role and legitimacy of human rights and democracy as membership criteria. A diverse range of examples is discussed, including the membership policies and practice of the League of Nations and the United Nations; the admission of the Central and Eastern European states to the European Union; developments in regional organisations in Africa, Asia and the Americas; and the exclusion of members from the UN specialised agencies.

This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume ? Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules ? it examines the minimum standards that must be implemented with regard to patents, trademarks, geographical indications, copyright and related rights, integrated circuits and test data. This Handbook is an essential tool for scholars, researchers and advanced students in the field of intellectual property. It also provides materials of direct relevance for policymakers and legal practitioners.

The first edition of this work, which outlines China's treaty engagements with various foreign powers, was published by Sir Edward Hertslet (1824 1902) in 1896. The two-volume third edition reissued here was published by his son Godfrey in 1908, and took account of new treaties in the intervening twelve years which were relevant to the Chinese sphere of influence. The work is remarkably inclusive, and cross-refers with similar treaties between China and different Western powers, as well as containing ancillary material such as a ground-plan of the foreign legation district in Beijing, and British government documents relevant to the various treaties. This edition is of particular interest for students of international law and diplomacy, as it covers the regulations governing relations between China and Britain in the year in which the last imperial Chinese ruler ascended the throne. Volume 1 contains the treaties.

The first edition of this work, which outlines China's treaty engagements with various foreign powers, was published by Sir Edward Hertslet (1824 1902) in 1896. The two-volume third edition reissued here was published by his son Godfrey in 1908, and took account of new treaties in the intervening twelve years relevant to the Chinese sphere of influence. The work is remarkably inclusive, and cross-refers between similar treaties with China and different Western powers, as well as containing ancillary material such as a ground-plan of the foreign legation district in Beijing, and British government documents relevant to the various treaties. This edition is of particular interest for students of international law and diplomacy, as it covers the regulations governing relations between China and Britain in the year in which the last imperial Chinese ruler ascended the throne. Volume 2 contains relevant British documents including Acts of Parliament and Orders in Council.

The long-running dispute over East Timor was for many years an unresolved item on the agenda of the international community. It involved issues of self-determination, non-recognition, and human rights. This book was first published in 1996, five years before East Timor regained its independence. It thus serves as a record of the basic materials relating to the historical background, to the circumstances of the Indonesian invasion and following incorporation of East Timor, to the subsequent development of the dispute in the light of the international community's response to it, and, finally, to the 1995 judgment of the International Court of Justice in the case concerning East Timor between Portugal and Australia. The volume contains a substantive introduction which places the documents in context and provides an overview of the political and legal issues of the dispute.

The Arctic is particularly affected by climate change; over the past few decades, temperatures in this area have risen twice as fast as the mean global rate. The most prominent effect of global climate change in the region is the melting sea ice in the Arctic Ocean, which enables a multitude of ocean uses to be initiated and extended, such as shipping, fishing and oil and gas extraction. Unlike in the Antarctic, there is currently no single comprehensive legal regime for governance of the Arctic. Instead, the region is regulated by a patchwork of international treaties, above all the United Nations Convention on the Law of the Sea (UNCLOS), various regional and sub-regional agreements, national laws and soft-law agreements. This treatise provides an evaluation of the governance regime that regulates the use of the Arctic marine environment and its readiness to protect these fragile ecosystems in light of the consequences of climate change.

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.

'War is a man's game,' or so goes the saying. Whether this is true or not, patriarchal capitalism is certainly one of the driving forces behind war in the modern era. So can we end war with feminism? This book argues that this is possible, and is in fact already happening. Each chapter provides a solution to war using innovative examples of how feminist and queer theory and practice inform pacifist treaties, movements and methods, from the international to the domestic spheres. The contributors propose a range of solutions that include arms abolition, centring Indigenous knowledge, economic restructuring, and transforming how we 'count' civilian deaths. Ending war requires challenging complex structures, but the solutions found in this edition have risen to this challenge. By thinking beyond the violence of the capitalist patriarchy, this book makes the powerful case that the possibility of life without war is real.

Volume 4 of the selected papers of Sir Hersch Lauterpacht concludes the systematic coverage, begun in volume 2, of his works on the Law of Peace. Volume 2 represented part I of these works on International Law in General and volume 3 moved on to parts II-VI covering statehood, territory and territorial jurisdiction, the individual, diplomatic intercourse and international organisation. Volume 4 now includes Lauterpacht's writings on state responsibility and treaties. Lauterpacht's important writing on the Law of Treaties is set basically in the framework he himself drew up from his work as rapporteur of the International Law Commission on that subject. The whole work continues the carefully organised presentation of a very distinguished international lawyer and only volume 5 now remains to be published.

This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.

The first volume of the collected papers of Sir Hersch Lauterpacht contained three general works. The second volume begins a systematic coverage of the rest of his work presented roughly in accordance with a plan Lauterpacht himself drew up for a possible textbook. The book contains papers falling within the introductory section, dealing with International Law in general, though materials later included in separately published works have normally been excluded. Three papers - 'On Realism, Especially in International Relations', 'Professor Carr on International Morality' and 'International Law after the Second World War' - have not been published before and one, The Reality of the Law of Nations', has only had very limited circulation. The whole work continues the carefully organized presentation of the work of a very distinguished international lawyer.

The Antarctic Treaty regime is a uniquely successful legal system which preserves Antarctica for peaceful purposes and guarantees freedom of scientific research. This volume based on an international conference, examines the legal, political and environmental issues that it raises. After setting the scene of the Antarctic environment, the early chapters discuss the legal issues involved in the Treaty. Later chapters consider protection of the marine environment and the regulation of mineral exploitation. The book concludes with a discussion of Antarctica and its development.

This readable yet sophisticated survey of treaty-making between Native and European Americans before 1800, recovers a deeper understanding of how Indians tried to forge a new society with whites on the multicultural frontiers of North America-an understanding that may enlighten our own task of protecting Native American rights and imagining racial justice.

This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE) and Rome (358-168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

Sean D. Murphy's wide-ranging and in-depth survey of United States practice in international law in the period 1999-2001 draws upon the statements and actions of the executive, legislative and judicial branches of the United States Government to examine its involvement across a range of areas. These include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, and human rights. Available for the first time in one compendium, this summary of the most salient issues (including the Kosovo conflict) will be a central source of information about US practice in international law. This volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners is the first in a series of books capturing the international law practice of a global player.