The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda. Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Hola, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. Smeulers

Leading international security scholars and policy advisors from universities, think-tanks, and nuclear weapons laboratories in the United States analyze the future of nuclear weapons proliferation. In April 1995, the earlier 1970 Nuclear Non-Proliferation Treaty was renewed indefinitely and without change to the original clauses of the treaty. The authors examine the continuing relevance or irrelevance of the old treaty, the role of coercive sanctions in enforcing restraint, and the impact of biological, chemical and missile proliferation on the nuclear motives and ambitions of various states. Attention is given to proliferation conditions in the former Soviet republics, East and South Asia and the Middle East.

Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.

Customary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives. Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field.

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.

The late Chief justice of South Africa, Pius Langa, was a remarkable man. He achieved so much in his life and touched many people with his quiet dignity, his generosity and his sparkling humour. As a lawyer, he had a profound impact on the establishment of South Africa's new democracy and the adoption of the country's Constitution. Through his work on the Constitutional court, he charted a path that would allow the country to reach what he called the 'vision of the Constitution'. As a man, he served as an example to many: He was strong, committed, empathetic, thoughtful and kind. A transformative justice: Essays in honour of Pius Langa and Acta Juridica 2015 pay tribute to this remarkable man and lawyer. The book has three sections: first, a series of personal tributes to Justice Langa; second, reflections on the work of the Constitutional court under Langa's leadership as well as aspects of his philosophy as a judge; and third, explorations of a variety of specific themes in his judgments, writings and speeches. The contributions to A transformative justice are written by eminent judges, academics and practitioners, many of whom worked closely with Langa. The book addresses a broad range of practical and theoretical topics, including transformative constitutionalism, judicial dissent, the role of the people in constitutionalism, and legal education, as well as the areas of customary law, contract law, delict, administrative law, criminal law and procedure, and the protection of rights to equality, freedom of religion and culture.

Whereas states formerly had a right to wage war under a wide range of cicumstances, now war is legally permitted only in self defence. Yet wars persist. If their incidence is to be reduced, we must understand the forces that maintain war as an institution. The contributors to this book consider the nature of war and the forces that sustain it from diverse perspectives ranging from anthropology, history, political science, theology, philosophy, international law, economics, psychiatry and biology. The complexity of modern war requires understanding not only of several layers of social complexity - individuals, groups, societies - but also of the dialectical relations between those levels. This implies that individuals can contriburte towards a reduction in wars incidence.

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over forty exercises based on real-life disputes, helping readers evaluate and analyze all aspects of the topic. Intended to set out a basis for discussion in seminars, the material has been developed by the eminent practitioner and academic Kaj Hober, using a teaching structure proven to be successful. Key features include: ? extensive examples of cases alongside seminar exercises and mini mock arbitrations to help students put their knowledge into practice material built on the problem-based learning method, using fact patterns and allowing for in-depth discussion and a confident understanding of complex arbitration cases? exercises including questions to answer, problems to solve and group exercises, alongside excerpts of the relevant cases for annotation and analysis. The most wide-ranging textbook in the area, covering both substantive investment law and arbitration, this will become the key casebook for Master?'s level courses or other advanced courses in international arbitration. It will also serve as a supplementary text for those studying investment law more broadly.

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.' - Pall Hreinsson, EFTA-Court'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.' - Gudmundur Alfredsson, University of Akureyri, Iceland What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

The Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law.Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work could yield significant results. This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law. Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J. Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I. Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M. Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A. Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P. Webb, A. Zimmermann

A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommendations for change.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. Conformement a l'article 102 de la Charte et aux resolutions pertinentes de l'Assemblee generale, tous les traites et accords internationaux enregistres ou classes aupres du Secretariat depuis 1946 sont publies dans le Recueil des traites. Actuellement, la collection comprend environ 30.000 traites reproduits dans leur langue d'origine, avec des traductions en anglais et en francais, si necessaire.

Modern biotechnology - the controversial manipulation of genes in living organisms - has far-reaching implications for agriculture, human health, trade and the environment. Against the odds, an international treaty governing biosafety and trade in biotechnology was adopted in 2000. The Cartagena Protocol on Biosafety of the Convention on Biological Diversity deals with one of the most important and challenging issues thrown up by developments in biotechnology. This volume is a comprehensive review of the protocol and the process that led to its adoption. It includes contributions from many of the key players involved and analyses the commercial and political interests at stake, the operations and implications of the protocol, and prospects for the future.

Treaties in Force contains information on treaties and other international agreements to which the United States has become a party. The treaties presented here cover a wide range of subjects, including agricultural commodities, economic and technical cooperation, defense, education, general relations, relief supplies and packages, postal matters, extradition, and more. The appendix contains a consolidated tabulation of documents affecting copyright relations of the United States. Bilateral treaties and agreements are listed by country or entity while multilateral treaties and agreements are arranged by subject.

This highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.

The Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law.Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work could yield significant results. This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law. Contributors: E. Cannizzaro, J. d'Aspremont, K. del Mar, J. Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I. Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M. Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A. Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P. Webb, A. Zimmermann

International law is so fundamentally distinct from domestic law that some even question whether it is the law at all. Unlike domestic law, in which the state can create, enforce, and interpret the laws, there is no higher authority above states in international law. As a result, states serve as both creators, enforcers, and adjudicators of international law and are subject to it. Most confoundingly, even though there is no higher authority than states in the international system, states tend to comply with international law most of the time. Further, when they do violation international law, they go to great lengths to defend their actions as within compliance with the law. To understand when and why states treat international "law" as the law in our international system, one must understand both the components of a sound legal argument and the political motivations shaping how laws are created, when they are followed, and when they are ignored.

International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. Conformement a l'article 102 de la Charte et aux resolutions pertinentes de l'Assemblee generale, tous les traites et accords internationaux enregistres ou classes aupres du Secretariat depuis 1946 sont publies dans le Recueil des traites. Actuellement, la collection comprend environ 30.000 traites reproduits dans leur langue d'origine, avec des traductions en anglais et en francais, si necessaire.

If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

In this book, distinguished international law scholar Dimitris Liakopoulous explores the legal consequences of complicity in international relations. Consequences of Complicity will examine the profiles inherent to damages due to the injured party. In this regard it will move from the observation that the conduct of an accomplice gives rise to a crime distinct from the main one. The text then evaluates how damages must be divided between the party of the main fact and that of illegal action. Section II will approach the problem of configuring countermeasures against complicit nations, whether in the case of ordinary tort or when the violation concerns imperative norms of general international law.

The Treaty on Non-Proliferation of Nuclear Weapons (NPT) had many opponents when, in 1995, it came up for extension. The majority of parties opposed extension, and experts expected a limited extension as countries sought alternative means to manage nuclear weapons. But against all predictions, the treaty was extended indefinitely, and without a vote. Networked Nonproliferation offers a social network theory explanation of how the NPT was extended, giving new insight into why international treaties succeed or fail. The United States was the NPT's main proponent, but even a global superpower cannot get its way through coercion or persuasion alone. Michal Onderco draws on unique in-depth interviews and newly declassified documents to analyze the networked power at play. Onderco not only gives the richest account yet of the conference, looking at key actors like South Africa, Egypt, and the EU, but also challenges us to reconsider how we think about American power in international relations. With Networked Nonproliferation, Onderco provides new insight into multilateral diplomacy in general and nuclear nonproliferation in particular, with consequences for understanding a changing global system as the US, the chief advocate of nonproliferation and a central node in the diplomatic networks around it, declines in material power.

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