Examines the issues facing indigenous peoples and ethnic minorities, including their role in the nation's constitutional and legal developments, and makes a number of recommendations which would satisfy their demands without compromising the sovereignty of the state.

Launched in 1991, The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. This volume offers Asian perspectives on topics including : treaty-making power in China; the crime of aggression, illegal fishing and the destruction of environment in armed conflicts.

Examines the issues facing indigenous peoples and ethnic minorities, including their role in the nation's constitutional and legal developments, and makes a number of recommendations which would satisfy their demands without compromising the sovereignty of the state.

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

In the post '9/11' legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. '9/11' terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a 'clash of civilizations'. In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic States in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism. The book surveys the unfairness and injustices within international law - a legal system dominated and operated at the behest of a select band of powerful States. It forewarns that unilateralism and the undermining of human rights values in the name of the 'war on terrorism' is producing powerful reactions within Muslim States: the 'new world order' presents a dangerous prognosis of the self-fulfilling prophecy of an inevitable 'clash of civilizations' between the Islamic world and the west.

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Terrorism and International Law: Accountability, Remedies, and Reform, researched and written by the International Bar Association's Task Force on International Terrorism, examines the developments in international law and practice in this dynamic and often controversial area. The Task Force comprises world famous jurists and, chaired by Justice Richard Goldstone, provides authoritative expert analysis of the operation and application of international law to terrorism and provides recommendations for reform.
This title covers developments in the counter-terrorism policies and practice of individual states and international and regional organizations. It examines the framework of derogations and national security limitations in international human rights law, as well as clarifying when international humanitarian law applies to terrorism and counter-terrorism. This title provides a global overview of counter-terrorism, including but not restricted to the US-led 'war on terror', by considering case law and examples of state practice from all continents.
The chapters cover the framework of international conventions against terrorism; international humanitarian law; international human rights law; the investigation and prosecution of terrorist crimes and of international crimes committed in the course of counter-terrorism; state responsibility for internationally unlawful acts as relating to terrorism and counter-terrorism; reform in counter-terrorism; and victims' right to a remedy and reparations. The book closes with conclusions and recommendations from the IBA Task Force on areas for reform and focuses on how the international community can ensure respect for human rights and the rule of law when responding to the threat of terrorism.