This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style.
Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice --politics and law.
The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool.
This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

Jan Klabbers questions how membership of the European Union affects treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining. Following a discussion of the public international law rules on treaty conflict, the author analyzes the case-law of the European Court of Justice and examines how such conflicts are approached in state practice.

"Reads like a novel. A fast-paced page-turner, it has everything: sex, wit, humor, and adventures. But it is an impressively researched and important story."
--David Fromkin, author of "Europe's Last Summer"

"Vienna, 1814" is an evocative and brilliantly researched account of the most audacious and extravagant peace conference in modern European history. With the feared Napoleon Bonaparte presumably defeated and exiled to the small island of Elba, heads of some 216 states gathered in Vienna to begin piecing together the ruins of his toppled empire. Major questions loomed: What would be done with France? How were the newly liberated territories to be divided? What type of restitution would be offered to families of the deceased? But this unprecedented gathering of kings, dignitaries, and diplomatic leaders unfurled a seemingly endless stream of personal vendettas, long-simmering feuds, and romantic entanglements that threatened to undermine the crucial work at hand, even as their hard-fought policy decisions shaped the destiny of Europe and led to the longest sustained peace the continent would ever see.
Beyond the diplomatic wrangling, however, the Congress of Vienna served as a backdrop for the most spectacular Vanity Fair of its time. Highlighted by such celebrated figures as the elegant but incredibly vain Prince Metternich of Austria, the unflappable and devious Prince Talleyrand of France, and the volatile Tsar Alexander of Russia, as well as appearances by Ludwig van Beethoven and Emilia Bigottini, the sheer star power of the Vienna congress outshone nearly everything else in the public eye.
An early incarnation of the cult of celebrity, the congress devolved into a series of debauched parties that continually delayed the progress of peace, until word arrived that Napoleon had escaped, abruptly halting the revelry and shrouding the continent in panic once again.
"Vienna, 1814" beautifully illuminates the intricate social and political intrigue of this history-defining congress-a glorified party that seemingly valued frivolity over substance but nonetheless managed to drastically reconfigure Europe's balance of power and usher in the modern age.

"From the Hardcover edition."

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.

There are frequent claims that the international legal regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law.
This study examines this problem for the first time since these questions were addressed, and taken as the basic premises of the international legal analysis, in the works of JL Brierly and Sir Hersch Lauterpacht. Addressing the different aspects of the effectiveness of legal regulation, this monograph explores the structural limits on, and threshold of, legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to study the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation.
The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.

Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.

Rising concern over the increasing threat of nuclear war impelled the 2017 United Nations (UN) negotiations and adoption by 122 UN member states of a Treaty on the Prohibition of Nuclear Weapons. The Treaty seeks to ban nuclear weapons globally in the same way chemical and biological weapons have already been prohibited. This book provides the first in-depth comprehensive analysis of the implications and possibilities of the new treaty, drawing on the insights of international relations, international laws, and disarmament experts and specialists from Europe, America, the Asia-Pacific, and the UN. In a context where existing nuclear weapon states have so far declined to be party to the new treaty, the book examines not only its emergence and significance but also the prospects and possibilities for its implementation, the challenges associated with verifying the new agreement, the role of both civil society and governments, and the treaty's wider implications in addressing regional and global nuclear threats. This book was originally published as a special issue of Global Change, Peace & Security but additionally includes the special section articles on the treaty in the Journal for Peace and Nuclear Disarmament.

Since the mid-1950s, the international community has sought to ban all nuclear testing. In 1996, the Comprehensive Nuclear Test Ban Treaty emerged after three years of intense international negotiations. However, after nearly a decade, there is no sign that the treaty will ever enter into force. Despite the general support for and adherence to a series of national moratoria on nuclear explosive testing, it is important to understand why the effort to achieve a permanent ban on nuclear testing has experienced such difficulties and continues to travel such a problematic road. The author of this book is neither a promoter nor a critic of the Comprehensive Nuclear Test Ban Treaty, but rather he provides a brief historical and analytical understanding of the events surrounding its negotiation and implementation. The author's analysis, based on his personal involvement in the CTBT negotiations, provides one insider's view of how the critical events unfolded and how they are likely to affect future nonproliferation initiatives.

For several decades after the UN Charter insisted that the promotion of development and human rights were central to post-World War II conceptions of world order, the two fields remained in virtual isolation from one another. Only in the past 15 years or so, with the fall of the Berlin Wall and the realization that freedom and economic well-being are empirically linked, have the professional communities dealing with development and human rights issues really begun to communicate effectively. But too much of the dialogue has been confined to an abstract or theoretical level. This volume addresses highly specific but crucial aspects of the human rights and development interface, including the economics of social rights; land rights and women's empowerment; child labour and access to education; reform of legal and judicial systems; the human rights role of the private sector; and building human rights into development planning, especially the Poverty Reduction Strategy process. Contributors include lawyers, economists, and both scholarly and practitioner perspectives are presented. Several chapters are written by Senior World Bank officials, including the Bank's President and the head of the International Finance Corporation.

The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

The development, production, stockpiling and use in war of biological and toxin weapons are prohibited by international law. Although not explicitly stated, the two treaties outlawing such activities, the Geneva Protocol of 1925 and the Biological and Toxin Weapons Convention of 1972, prohibit the continuation of activities previously performed in Biological and Toxin Weapons facilities not justified for prophylactic, protective or other peaceful purposes. Because conversion and other means of cessation of former BTW facilities are not explicitly addressed in the treaties mentioned above the problems involved in conversion ofBTW facilities have thus far only been discussed marginally in the open literature. In times of increased awareness of the danger of biological and toxin warfare (including the increased danger of terrorist use of biological and toxin weapons) it seemed necessary to us to invite experts from different parts of the world to discuss the pros and cons of conversion and the problems involved. It also became obvious to us that the conversion of former BTW facilities should be discussed with respect to the necessity of peaceful internatioual cooperation in areas related to the Biological and Toxin Weapons Convention. An additional reason to discuss matters of peaceful cooperation is that cooperation is explictly requested by Article X of the Biological and Toxin Weapons Convention.

This is the first of a three-volume set. Together, they will collect the full texts of the Law Commission's final draft Articles and Commentaries, and other final reports, on all the topics on which it has completed work during its first fifty years, up to and including 1998.

Geoffrey Best traces the recent history of efforts to limit the violence and ugliness of war. He shows how the Second World War provided the impetus for reconstruction of international law, and charts its relationship with war since then, critically surveying the whole range of contemporary armed conflicts from civil to high-tech international wars. This book offers an original and thought-provoking approach to contemporary history, law, politics and ethics, and is essential reading for anyone concerned with war.

`... ambitious, highly significant and courageous ... an important text.' Dermot Keogh, Irish Times

`magnificent exposition,' London Review of Books

`Dr Best has made an important contribution.' James J. Busuttil, International Relations

This is a book about international cooperation in the Antarctic, written by political scientists and international lawyers. They examine whether the Antarctic Treaty System succeeds in helping solve major problems in the region and they investigate its position in the wider international community. Areas covered include fisheries, the environment, tourism, mineral activities, the role of NGOs in Antarctic affairs, and the policy of neighboring countries toward the Antarctic.

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 Yearbook on International Investment Law & Policy is an annual publication that provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. The 2020 edition includes policy, thematic and regional developments from 2020 in investment law and policy, including the impacts of the COVID-19 pandemic on investment flows and governance. The chapters also raise questions relevant to the governance of investment in the context of existing and future global socio-economic and environmental crises. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.

Despite sporadic news coverage of extreme weather events, high-level climate change diplomacy, special UN days of celebration, and popular media references to impending ecological collapse, most students are not exposed to the detailed presentation and analysis of the international relations and diplomacy of environmental policy-making. Comprehensive and accessibly written for first-year or second-year undergraduates, the second edition of Global Ecopolitics provides students with a panoramic view of the policymakers and the structuring bodies involved in the creation of environmental policies. Detailing a considerable amount of environmental activity since its initial 2012 publication, this up-to-date second edition uses an applicable framework of systemic analysis and important case studies that push students to form their own conclusions about past efforts, present needs, and future directions.

The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.

A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the "rule of law" in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurdchallenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action--including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.

Written by the former chairman and managing director of the American Institute in Taiwan, this book sheds new light on key topics in the history of U.S.-Taiwan relations. It fills an important gap in our understanding of how the U.S. government addressed Taiwan and the Taiwan Strait issue from the early 1940s to the present. One theme that runs through these essays is the series of obstacles erected that denied the people of Taiwan a say in shaping their own destiny: Franklin Roosevelt chose to return Taiwan to mainland China for geopolitical reasons; there was little pressure on the Kuomintang to reform its authoritarian rule until Congress got involved in the early 1980s; Chiang Kai-shek spurned American efforts in the 1960s to keep Taiwan in international organizations; and behind the ROC's back, the Nixon, Carter, and Reagan administrations negotiated agreements with the PRC that undermined Taiwan's position. In addition to discussing how the United States reacted to key human rights cases from the 1940s to the 1980s, the author also discusses the Bush and Clinton administrations' efforts to preserve U.S. interests while accommodating new forces in the region. All these episodes have an enduring relevance for the people of Taiwan, and in his conclusion the author discusses where the relationship stands today. The book includes related documents that helped shape the U.S.-Taiwan relationship.

In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation and how it is applied in practice. The author offers a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, and Iran-US Tribunal are considered to complement the focus on investment treaty arbitration and ICSID, UNCITRAL, NAFTA and ECT cases. The book examines the interplay between expropriation and other standards of treaty protection, such as fair and equitable treatment, as well as remedies for expropriation. The reader embarks on a thorough examination of expropriation in investment treaty arbitration, from its evolution into an accepted principle in international law today, through to current trends and a critical assessment of the relevance of expropriation in the present day. Expropriation in Investment Treaty Arbitration is a useful, systematic analysis of a topic that is of vital importance in arbitration practice, a key resource for all practitioners in this field.

The Comprehensive Economic and Trade Agreement between the EU and Canada (CETA), proposed Transatlantic Trade and Investment Partnership between the EU and the US (TTIP), and the plurilateral Trade in Services Agreement (TiSA) between the EU and 22 other States have sparked a great deal of academic and public interest. This edited collection brings together leading experts in the field of international economic law to address the legal complexities of these treaties and provide an explanation of their core principles. In the first two chapters, this book examines changing conceptions of international economic law and the main motivations for negotiating mega-regional agreements. In nine further contributions, international experts examine sectoral issues such as the trade, investment, and dispute settlement procedures envisaged in these 'mega-regional' agreements. The book goes on to consider the progress made in intellectual property protection, the problems associated with data protection, human rights, labour, and environmental standards, issues of transparency and legitimacy, and the relationship between CETA, TTIP, and TiSA on the one hand and EU law on the other. It concludes with four chapters that discuss globalization and other fundamental questions surrounding these mega-regional agreements from economic, political science, and legal perspectives.

Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

The settlement of Versailles was more than a failed peace. What was debated at the Paris Peace Conference of 1919-1920 hugely influenced how nations and empires, sovereignty, and the international order were understood after the Great War-and into the present. Beyond Versailles argues that this transformation of ideas was not the work of the treaty makers alone, but emerged in interaction with nationalist groups, anti-colonial movements, and regional elites who took up the rhetoric of Paris and made it their own. In shifting the spotlight from the palace of Versailles to the peripheries of Europe, Beyond Versailles turns to the treaties' resonance on the ground and shows why the principles of the peace settlement meant different things in different locales. It was in places a long way from Paris-in Polish borderlands and in Portuguese colonies, in contested spaces like Silesia, Teschen and Danzig, and in states emerging from imperial collapse like Austria, Egypt, and Iran-that notions of nation and sovereignty, legitimacy, and citizenship were negotiated and contested.