This book offers an exceptionally well informed and well documented study of the processes by which a Treaty is not only created, but managed and adapted as a living organism, responding to changing political and economic circumstances throughout its life. Bermuda 2, which governed air services between the UK and the USA from 1977 till 2008, had to accommodate rapid but volatile market growth, conflicting policies for a more open market, and a market structure which evolved from national champions to multinational alliances. With stakes high enough for Presidents and Prime Ministers to intervene at key moments, the dramatic narrative (Part I) is helpfully cross-referenced to a fully annotated Treaty text (Part II) as well as a unique collection of supplementary documents (Part III). These three elements offer students of international law and international relations, as well as to-day's post-BREXIT practitioners, a comprehensive guide to the wide range of legal instruments and negotiating strategies that may be used to govern and regulate a major industry within the framework of a Treaty relationship.

The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.

Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.

For five centuries protection has provided a basic currency for organising relations between polities. Protection underpinned sprawling tributary systems, permeated networks of long-distance trade, reinforced claims of royal authority in distant colonies and structured treaties. Empires made routine use of protection as they extended their influence, projecting authority over old and new subjects, forcing weaker parties to pay them for safe conduct and, sometimes, paying for it themselves. The result was a fluid politics that absorbed both the powerful and the weak while giving rise to institutions and jurisdictional arrangements with broad geographic scope and influence. This volume brings together leading scholars to trace the long history of protection across empires in Asia, Africa, Australasia, Europe and the Americas. Employing a global lens, it offers an innovative way of understanding the formation and growth of empires and uncovers new dimensions of the relation of empires to regional and global order.

How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.

In 1944 the Chicago Convention set out the foundations of public international law regulating international air transport, but until 2016 no international agreement existed to limit its environmental impact. Sustainable Development, International Aviation, and Treaty Implementation explains why the CORSIA scheme, adopted by the International Civil Aviation Organization in 2016, should be implemented in 2020 even though the adequacy of this scheme is still open to doubt and criticism. This book seeks to examine the many dimensions of the effort to contain greenhouse gas emissions from aircraft in a manner consonant with the principles of sustainable development, and examines the development of international law and policy in an area that has remained largely outside the general framework of international environmental law. International civil aviation is a significant polluter of the atmosphere, and in this volume, a group of air law and sustainable development law specialists considers how the international community can respond.

All treaties, from human rights to international trade, include formal exceptions that allow governments to legally break the rules that they have committed to, in order to deal with unexpected events. Such institutional 'flexibility' is necessary, yet it raises a tricky theoretical question: how to allow for this necessary flexibility, while preventing its abuse? Krzysztof J. Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events. Essential for undergraduate students, graduate students, and scholars in political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of evidence, its multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

This book fills gaps in the exploration of the protection of cultural heritage in armed conflict based on the World Heritage Convention. Marina Lostal offers a new perspective, designating a specific protection regime to world cultural heritage sites, which is so far lacking despite the fact that such sites are increasingly targeted. Lostal spells out this area's discrete legal principles, providing accessible and succinct guidelines to a usually complex web of international conventions. Using the conflicts in Syria, Libya and Mali (among others) as case studies, she offers timely insight into the phenomenon of cultural heritage destruction. Lastly, by incorporating the World Heritage Convention into the discourse, this book fulfills UNESCO's long-standing project of exploring 'how to promote the systemic integration between the [World Heritage] Convention of 1972 and the other UNESCO regimes'. It is sure to engender debate and cause reflection over cultural heritage and protection regimes.

The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.

The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.

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.

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

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.

Revised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong - China, a major trading State, continues to adhere to the absolute bar - but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases such as Pinochet, Amerada Hess, Saudi Arabia v Nelson and more recently NML v Argentina in national courts; Al-Adsani v UK and Jones v UK in the European Court of Human Rights; and Judgments of the International Court of Justice in Arrest Warrant, Djibouti v France and most recently in the Jurisdictional Immunities of the State, which, particularly since the 2014 contrary ruling of the Italian Constitutional Court, has attracted strong juristic criticism. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability as in Belhaj and Rahmatullah offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.

Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut OEzsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavour whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.

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.

Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

The Yearbook on International Investment Law & Policy is an annual publication which 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. 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.

This book provides an article-by-article commentary on the text of the Chemical Weapons Convention (CWC) and its Annexes, one of the cornerstone disarmament and arms control agreements. It requires the verified elimination of an entire category of weapons of mass destruction and their means of production by all its States Parties within established time lines, and that prohibits any activities to develop or otherwise acquire such weapons. Cross-cutting chapters alongside the detailed commentary, by those intimately involved in the development of the Convention, assess the history of the efforts to prohibit chemical weapons, the adoption of the Convention and the work of the Preparatory Commission, the entry into force of the Convention to the Second Review Conference, and the need for a new approach for the governance of chemical weapons. Written by those involved in its creation and implementation, this book critically reviews the practices adopted in implementing the Convention, as well as the challenges ahead, and provides legal commentary on, and guidance for, its future role. It assesses how to adapt its implementation to advances in science and technology, including the discovery of new chemicals and the development of biochemical 'non-lethal' compounds that influence behaviour. It addresses the legal framework within which the Organization for the Prohibition of Chemical Weapons (OPCW) takes decisions, both with regard to the OPCW's own regulatory framework and regarding wider international norms, accepted principles, and practices. The Commentary draws conclusions on how the prohibitions against chemical weapons can be strengthened and the stature of the OPCW protected. It highlights the involvement of industry and academia in this prohibition, creating a symbiosis between effective governance and the legal framework of the Convention. This book is an authoritative, scholarly work for anyone interested in the Chemical Weapons Convention, in international disarmament and arms control law, and in the work of international organizations, and a practical guide for individuals and institutions involved in the Convention's day-to-day implementation.

Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

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.