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x, 181 pages ; 26 cm
  • Table of Contents Profile of Authors Introduction 1. Bakassi Case: Challenges of case management of international litigation - Tim Daniels-- 2. Should Nigeria Have Sought Revision of the Bakassi Decision by the International Court of Justice? - Emeka Duruigbo 3. Resolution of International Disputes through Preventive Diplomacy by the United Nations: Case study of Cameroon v. Nigeria CASE - Bayo Ojo 4. The ICJ Decision on the Cameroon-Nigeria Bakassi Dispute and Issues Arising: A Cameroonian perspective H.E - Nkwelle Ekaney 5. The ICJ Bakassi Decision: The Rights of the Indigenous Communities and Populations in the Bakassi Peninsula - Hephzibah Egede 6. Bakassi Decision: International law and the acquisition of sovereignty over land territory - Yoshifumi Tanaka 7. The Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening) Case: Interrogating some ongoing law of the sea challenges - Dr Edwin E. Egede 8. The ICJ Bakassi Decision: Prospects and Implications for the Exploitation of Petroleum Resources in Contested Waters - Dr Mark Osa Igiehon 9. The Role of a Joint Development Agreement (jda) in Resolving the Conflicts and Uncertainties Over Maritime Boundary Delimitation: A missed opportunity in the bakassi case - Eddy Lenusira Wifa, Mark Amakoromo and Ibiateli Johnson-Ogbo Index ã ã ã ã .
  • (source: Nielsen Book Data)9781472470621 20180213
On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.
(source: Nielsen Book Data)9781472470621 20180213
Green Library
293 pages ; 25 cm
  • Introduction: Empire and international law
  • Oriental despotism and the Ottoman Empire
  • Nations and empires in Vattel's world
  • Critical legal universalism in the eighteenth century
  • The rise of positivism?
  • Historicism in Victorian international law
  • Epilogue.
Against the dominant narrative first developed in the eighteenth century, which has held that international law had its origins in relations between sovereign European states that respected each other as free and equal, Boundaries of the International examines the deep entanglement of international law with European imperial expansion. As commercial relations with states such as the Ottoman and Empire and China intensified, European legal and political writers increasingly described them as anomalous and backward empires in a modern world of nation-states, even as European states were themselves expanding their imperial reach across the globe. The debate over the boundaries of international law included legal authorities from Vattel to Wheaton to Westlake but ranged well beyond professional jurists to political thinkers such as Montesquieu, Edmund Burke, and J.S. Mill, legislators and diplomats, colonial administrators and journalists. Dissident voices in this broader public debate insisted that European states had extensive legal obligations abroad. These critics provide valuable resources for the critical scrutiny of the political, economic, and legal inequalities that continue to afflict the global order.-- Provided by publisher.
Law Library (Crown)
x, 207 pages ; 24 cm.
  • Introduction
  • Children, childhood and refugee law
  • International children's rights law
  • Children in the development of refugee law
  • A children's rights approach to refugee law?
  • Constructing a children's rights approach : the application of children's rights in refugee law
  • Conclusions.
Children make up half of the world's refugees and over 40 per cent of the world's asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children's rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children's rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children's rights approach, the conceptualisations of children outside the legal discipline, within international children's rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children's rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children's rights and international human rights law.
(source: Nielsen Book Data)9781138052710 20180319
Law Library (Crown)
viii, 159 pages : illustrations ; 25 cm.
  • 1. Introduction 2. The Core of the Senkaku/Diaoyu Islands Dispute 3. Dispute Resolution Options 4. Rational Choice 5. Managing the Dispute 6. Escalation and De-Escalation on the East China Sea.
  • (source: Nielsen Book Data)9781138095588 20180226
This book examines the Senkaku/Diaoyu Islands dispute from a foreign policy perspective, focusing on three key stakeholders: China, Japan and the United States. The Senkaku/Diaoyu Islands dispute is a prominent territorial dispute between China and Japan. This book critically assesses that dispute in a pragmatic, policy-oriented manner. The central question of the work focuses on the various military (direct invasion, coercion) and non-military (bilateral negotiations, binding and non-binding third-party options and delaying) foreign policy avenues available to China to pursue its key interests over the disputed islands. To compare and contrast these different options, the book employs a qualitative rational-choice framework. This allows for a critical analysis on the merits and demerits of various options and to anticipate China's potential course of action based on the principle that China is expected to act in a rational manner. This research offers two main contributions. First, it adopts a security-focused approach to complement the economic-focused works on the subject. Second, it critically examines the various foreign policy options as opposed to offering an avenue based on purely theoretical assumptions. While the work concludes that a delaying/status quo approach is rational for all parties involved, it highlights alternative policy avenues that can build on the conclusion of the rational-choice analysis. Through this it seeks to address the possibility of escalation and de-escalation on the East China Sea and highlights the critical role pro-active foreign policy making plays in averting a negative outcome of the dispute. This book will be of much interest to students of Chinese Foreign Policy, Asian Politics, Security Studies and International Relations.
(source: Nielsen Book Data)9781138095588 20180226
SAL3 (off-campus storage)
xiii, 757 pages ; 25 cm.
  • Introduction / John Norton Moore
  • Jurisdiction and control on the high seas adjoining territorial waters / Philip C. Jessup
  • The hydrogen bomb tests and the international law of the sea / Myres S. McDougal
  • The Geneva Conference on the Law of the Sea : what was accomplished / Arthur H. Dean
  • U.S. oceans policy : the Truman proclamations / Ann L. Hollick
  • The regime of straits and the third United Nations Conference on the Law of the Sea / John Norton Moore
  • Power, mobility and the law of the sea / Elliot L. Richardson
  • A geographical primer to maritime boundary-making / Robert W. Smith
  • The regime of warships under the United Nations Convention on the Law of the Sea / Bernard H. Oxman
  • The marine environment and the 1982 United Nations Convention on the Law of the Sea / Jonathan I. Charney
  • Strengthening the Law of the Sea : the new agreement on straddling fish stocks and highly migratory fish stocks / David A. Bolton
  • Straight baselines : the need for a universally applied norm / J. Ashley Roach and Robert W. Smith
  • The territorial temptation : a siren song at sea / Bernard H. Oxman
  • The enjoyment and acquisition of resources in outer space / Myres S. McDougal, Harold D. Lasswell, Ivan A. Vlasic, and Joseph C. Smith
  • Arms control : outer space / Norman A. Wulf
  • Outer space law / Robert A. Ramey
  • The Antarctic Settlement of 1959 / Robert D. Hayton
  • New stresses on the Antarctic Treaty : toward international legal institutions governing Antarctic resources / Steven J. Burton
  • Recommended measures under the Antarctic Treaty : hardening compliance with soft international law / Christopher C. Joyner.
In this fourth installment of the American Classics in International Law series, John Norton Moore approaches what are generally, if perhaps misleadingly, known as "common resources" in international law. The contributions in this volume, reflecting some of the best writing in each area by American international legal scholars, cover the law of the sea, the law of outer space, and the law of Antarctica. While each is a discrete subject area, they have a shared thread of encompassing "common" areas of the oceans, space and the Antarctic continent. From Jessup's important 1927 piece on Maritime Jurisdiction to contemporary writings on outer space law and the evolution of the Antarctic Treaty, Moore compiles a comprehensive collection of influential American scholarship spanning more than 80 years on the world's shared resources, often revealing the importance of United States foreign policy in the development of each of these areas. Brought together by an Introduction by the Editor, this volume serves as the definitive resource for the American contribution to international law and common resources.
(source: Nielsen Book Data)9789004338487 20180213
Law Library (Crown)
x, 623 pages ; 25 cm
  • Conceptualizing comparative international law / Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg
  • Methodological guidance : how to select and develop comparative international law case studies / Katerina Linos
  • Comparative international law, foreign relations law and fragmentation : can the center hold? / Paul B. Stephan
  • Why comparative international law needs international relations theory / Daniel Abebe
  • The many fields of (German) international law / Nico Krisch
  • Crimea and the South China Sea : connections and disconnects among Chinese, Russian, and western international lawyers / Anthea Roberts
  • "Shioki (control)," "fuyo (dependency)," and sovereignty : the status of the Ryukyu kingdom in early-modern and modern times / Masaharu Yanagihara
  • Comparative international law within, not against, international law : lessons from the international law commission / Mathias Forteau
  • The continuing impact of French legal culture on the International Court of Justice / Mathilde Cohen
  • International law in national legal systems : an empirical investigation / Pierre-Hugues Verdier & Mila Versteeg
  • Objections to treaty reservations : a comparative approach to decentralized interpretation / Tom Ginsburg
  • Intelligence communities and international law : a comparative approach / Ashley S. Deeks
  • National legislatures : the foundations of comparative international law / Kevin L. Cope & Hooman Movassagh
  • International law in Chinese courts during the rise of China / Congyan Cai
  • The democratizing force of international law : human rights adjudication by the Indian Supreme Court / Neha Jain
  • Case law in Russian approaches to international law / Lauri Mälksoo
  • Doing away with capital punishment in Russia : international law and the pursuit of domestic constitutional goals / Bakhtiyar Tuzmukhamedov
  • Comparative views on the right to vote in international law : the case of prisoners' disenfranchisement / Shai Dothan
  • When law migrates : refugees in comparative international law / Jill I. Goldenziel
  • An asymmetric comparative international law approach to treaty interpretation : the CEDAW committee's tolerance of the Scandinavian states' progressive deviation / Alec Knight
  • Comparative international law and human rights : a value-added approach / Christopher McCrudden
  • CEDAW in national courts : a case study in operationalizing comparative international law analysis in a human rights context / Christopher McCrudden
  • The great promise of comparative public law for Latin America : towards ius commune americanum? / Alejandro Rodiles
  • Who cares about regulatory space in BITs? : a comparative international approach / Tomer Broude, Yoram Z. Haftel & Alexander Thompson
  • Africa and the rethinking of international investment law : about the elaboration of the Pan-African Investment Code / Makane Moïse Mbengue & Stefanie Schacherer
  • Not so treacherous waters of international maritime law : Islamic law states and the UN Convention on the Law of the Sea / Emilia Justyna Powell.
Law Library (Crown)
vi, 123 pages ; 23 cm
  • Introduction
  • Introductory comments
  • Research question
  • Structure
  • The cultural defence; its use and abuse
  • Introduction
  • What is culture
  • The cultural defence
  • Arguments in favour and against the cultural defence
  • The right to culture
  • Creating a legal framework
  • Cultural relativism
  • Enculturation
  • Religion as culture
  • The right to a fair trial
  • Human rights treaties and the ICC
  • Individualised justice
  • Conclusion
  • The ICC statute; a culture clash?
  • Introduction
  • Law as culture
  • The making of the rome statute
  • Cultural accommodation at the ICC
  • Cultural property
  • Linguistic diversity
  • Victims and witnesses
  • Expert witnesses on cultural issues
  • Judges
  • Sentencing
  • Reparations
  • Article 21 of the ICC Statute and sources of law a cultural portal
  • Applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict
  • General principles of law
  • Conclusion
  • Defences at the ICC
  • Introduction
  • Defences in international criminal law
  • Statute provisions on defences (Articles 31-33)
  • Mental incapacity, disease or defect
  • Cultural issues as part of the mental incapacity defence
  • Intoxication
  • Cultural issues as part of the intoxication defence
  • Self-defence, defence of others and defence of property
  • Cultural issues as part of the self-defence defence
  • Duress or necessity
  • Cultural issues as part of the defence of necessity or duress
  • Mistake of fact or law
  • Cultural issues as part of the defence of mistake
  • Superior orders
  • Cultural issues as part of the defence of superior orders
  • A cultural defence as another ground for excluding criminal liability
  • Conclusion
  • ICC practice
  • Introduction
  • Linguistic diversity
  • Child soldiers
  • Child soldiers and the lubanga case
  • Child soldiers and the ongwen case
  • Duress in the ongwen case
  • The destruction of cultural property
  • Hisbah
  • Ziyara
  • Cultural considerations in the al mahdi reparations decision
  • Moral harm
  • Conclusion
  • Conclusion.
Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences in international tribunals is one which has not yet been fully explored. The main objective of this book is to analyse if the ICC can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Law Library (Crown)
xxiii, 195 pages ; 25 cm.
  • Introduction
  • Untangling victims of war crimes from lawful casualties of war
  • Fighting and war crimes involving prohibited means and methods of warfare
  • War crimes and persons hors de combat
  • Members of non-opposing forces as victims of war crimes
  • Child soldiers
  • Peacekeepers
  • Crimes against humanity, genocide and fighting
  • Conclusion.
The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.
(source: Nielsen Book Data)9781138669062 20171218
Law Library (Crown)
x, 312 pages ; 24 cm.
Law Library (Crown)
xiv, 280 pages ; 26 cm.
  • Introduction : global order/disorder / Leon Wolff and Danielle Ireland-Piper
  • International law and governance in the 21st century : disorder and order in a fragmented world / Anthony Cassimatis
  • Law's movement / Jonathan Crowe
  • How anarchy can rule the world / Susan Bird
  • Assessing key trends in global disorder : can "the centre" hold in the 21st century? / Malcolm Davis
  • Nationality and extraterritoriality : a disordered paradigm? / Danielle Ireland-Piper
  • Stateless Rohingya in Bangladesh and refugee status : global order and disorder under international law / Sanzhuan Guo and Madhav Gautam
  • Caring capitalism? : the case of Japanese employment law / Leon Wolff
  • Monopolisation, market liberalisation and madness : comparative approaches to water supply governance / Victoria Baumfield
  • Domestic regulatory architecture for the protection of financial stability after the GFC : global order or disorder? / Louise Parsons
  • Governing the oceans and dispute resolution : an evolving legal order? / Douglas Guilfoyle
  • Foreign military aid as good governance? : the case of South Asia / Maziar M. Falarti and Syed Ali Abbas
  • The obligation to respect and ensure respect for international humanitarian law : a potential source of assistance in combating cross-border challenges in the 21st century / Eve Massingham
  • International criminal law as a regulatory tool / Jodie O'Leary
  • Access to courts by public interest groups seeking to challenge government decisions : a comparative analysis of Canada and Australia / Narelle Bedford and Lisa Bonin
  • Military courts in Pakistan : a critical analysis / Umair Ghori.
Law Library (Crown)
xi, 258 pages ; 25 cm.
  • Introduction
  • The place of Grotius in European private law
  • Grotius' formulation of delict
  • The Roman law of delicts
  • Delict in the Middle Ages
  • Delict in the sixteenth century
  • The foundations of Thomism
  • "Delict" as in the Summa theologiae
  • The mechanics of restitutio
  • Sins, wrongs and rights
  • Roman law and Thomism
  • The historical foundations of Grotius' analysis of delict.
The Historical Foundations of Grotius' Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius' approach into three elements - the infringement of a right, fault, and remediation - and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
(source: Nielsen Book Data)9789004344365 20180219
Law Library (Crown)
xvi, 353 pages ; 25 cm.
  • Introduction
  • The study of international law in the Spanish nineteenth century
  • A point of inflection for international law in Spain and the United States
  • The silver age of international law in Spain
  • The Spanish Civil War : inter armas pugnant leges
  • Noli foras ire. in hispaniae habitat veritas
  • Conclusion.
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two `renaissances' of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco's international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.
(source: Nielsen Book Data)9789004343221 20180306
Law Library (Crown)
xv, 154 pages ; 24 cm.
  • International law as a belief system
  • Structure of the international belief system
  • Self-referentiality of the international belief system
  • Manifestations of the international belief system
  • Suspension of the international system
  • Epilogue.
International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.
(source: Nielsen Book Data)9781108421874 20180219
Law Library (Crown)
xvi, 194 pages ; 24 cm.
  • Introduction
  • Three illustrative cases : facts and questions
  • Overview of the key moments in the development of NATO
  • Current institutional framework of NATO and NATO's decision making process
  • The international legal personality of NATO
  • Binding international obligations relevant to NATO's operations
  • Attribution of wrongful acts to NATO
  • Conclusions and recommendations.
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
(source: Nielsen Book Data)9789004354616 20180312
Law Library (Crown)
x, 244 pages ; 22 cm.
  • Introduction
  • International military tribunals
  • Indictment of German and Japanese war leaders
  • Opening statements at Nuremberg and Tokyo
  • Ad-hoc international criminal tribunals
  • Indictment of Yugoslav and Rwandan troublemakers
  • Opening statements at The Hague and Arusha
  • International Criminal Court
  • New generation of prosecutors : warrants, summonses and opening statements
  • Conclusion.
This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
(source: Nielsen Book Data)9783319609935 20180205
Law Library (Crown)
xiv, 274 pages ; 25 cm.
  • Preface
  • Introduction
  • Framework of the conventional debate
  • Great confusion over the right of self-defence : the Caroline incident revisited
  • The right of self-defence before World War I
  • The right of self-defence as it developed in the inter-war period
  • The relationship between the two conceptions of self-defence
  • The right of self-defence in the Travaux Préparatoires of the United Nations Charter
  • Conclusion.
This book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.
(source: Nielsen Book Data)9789004354975 20180319
Law Library (Crown)
vii, 288 pages ; 25 cm.
  • Introduction
  • Occupation : a conceptual analysis
  • Current challenges to the law of occupation
  • The flexibility in the law of occupation itself
  • International human rights law as a 'gap-filler'
  • The United Nations Security Council as a 'modulator' of the law of occupation
  • General concluding remarks.
In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
(source: Nielsen Book Data)9789004346505 20180205
Law Library (Crown)
xxxi, 409 pages ; 24 cm
  • Foreword: The harmful legacy of lawlessness in Vietnam / Richard Falk
  • A Vietnam settlement : the view from Hanoi
  • US in Vietnam : rationale and law
  • International law and the United States role in the Viet Nam war
  • International law and the United States role in Viet Nam : a response to Professor Moore
  • The six legal dimensions of the Vietnam war
  • Appropriating Tet
  • Son My : war crimes and individual responsibility
  • The Cambodian operation and international law
  • The Nuremberg defense in the Pentagon papers case
  • A Nuremberg perspective on the trial of Karl Armstrong
  • Telford Taylor and the legacy of Nuremberg
  • Learning from Vietnam
  • The Vietnam syndrome : from the Gulf of Tonkin to Iraq
  • "The Vietnam syndrome" : the Kerrey revelations raise anew issues of morality and military power
  • Why the legal debate on the Vietnam War still matters : the case for revisiting the international law debate.
This collection of scholarly and critical essays about the legal aspects of the Vietnam War explores various crimes committed by the United States against North Vietnam: war of aggression; war crimes in bombing civilian targets such as schools and hospitals, and using napalm, cluster bombs, and Agent Orange; crimes against humanity in moving large parts of the population to so-called strategic hamlets; and alleged genocide and ecocide. International lawyer Richard Falk, who observed these acts personally in North Vietnam in 1968, uses international law to show how they came about. This book brings together essays that he has written on the Vietnam War and on its relationship to international law, American foreign policy, and the global world order. Falk argues that only a stronger adherence to international law can save the world from such future tragedies and create a sustainable world order.
(source: Nielsen Book Data)9781108419154 20180205
Law Library (Crown)
xv, 281 pages ; 25 cm.
  • Foreword
  • Introduction
  • The convention relating to the status of refugees, protection gaps and temporary protection
  • The legal basis of temporary protection in international law
  • Elements of a practical and efficient temporary protection regime which operates within the boundaries of international law and human rights
  • Temporary protection practice in Southeast Asia and Europe
  • EU temporary protection directive
  • Temporary protection in Turkey and the United States
  • The temporary protection guidelines
  • Conclusion.
Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection's legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
(source: Nielsen Book Data)9789004327528 20180312
Law Library (Crown)

20. Underground warfare [2018]

xxii, 270 pages : illustrations ; 24 cm
  • Introduction
  • Tunnels in conflict : from ancient uses to contemporary threats
  • Underground warfare : from a tool of war to a global security threat
  • Sovereignty over the underground
  • Contending with tunnels : law, strategy, and methods
  • Underground warfare and the jus ad bellum
  • Underground warfare and the jus in bello : general considerations
  • Underground warfare near, by, and against civilians
  • Conclusion.
"Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book...[examines] tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To [the author], this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure."-- Back cover.
Law Library (Crown)