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Book
x, 295 pages ; 24 cm
  • Introducing the idea of relative authority / Joana Mendes and Ingo Venzke
  • Democratic legitimacy and executive rule-making : positive political theory in comparative public law / Susan Rose-Ackerman
  • In search of a new model of checks and balances for the EU : beyond separation of powers / Eoin Carolan and Deirdre Curtin
  • Bolstering authority by enhancing communication : how checks and balances and feedback loops can strengthen the authority of the European Court of Human Rights / Mikael Rask Madsen
  • Authority monism in international organisations : a historical sketch / Jochen von Bernstorff
  • No institution is an island : checks and balances in global governance / Andreas von Staden
  • The role of the Court of Justice in shaping the institutional balance in the EU / Bruno De Witte
  • Refining relative authority : the judicial branch in the new separation of powers / Joseph Corkin
  • Judicial review of EU administrative discretion : how far does the separation of powers matter? / Dominique Ritleng
  • First or second best? : judicial law-making in European private law / Chantal Mak
  • Relative authority in global and EU financial regulation : linking the legitimacy debates / Maurizia De Bellis
  • Relative authority and institutional decision-making in world trade law and international investment law / Diane A. Desierto.
Law Library (Crown)
Book
xii, 122 pages ; 23 cm.
  • Introduction
  • Criminal justice system
  • Hybrid sanctions
  • Immigration and citizenship
  • Lessons.
Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK. Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia. Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
(source: Nielsen Book Data)9781138093379 20180508
Law Library (Crown)
Book
xv, 342 pages ; 24 cm.
Law Library (Crown)
Book
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
Book
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.
It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.
(source: Nielsen Book Data)9780674980815 20180326
Law Library (Crown)
Book
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)
Book
xii, 298 pages ; 22 cm.
  • Introduction
  • China and international judicial bodies
  • State consent
  • Complementarity
  • Proprio motu powers of the ICC prosecutor
  • Crimes against humanity and war crimes
  • The Security Council and the ICC
  • Conclusions
This book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China's engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China's accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China's interactions with international judicial bodies, and uses the ICC as an example to reflect China's engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China's engagement with the ICC primarily from a legal perspective.
(source: Nielsen Book Data)9789811073731 20180618
Law Library (Crown)
Book
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)
Book
xvii, 387 pages : illustrations ; 25 cm.
Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the 'civil' seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within - the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States' power is essential for genuine civilian oversight.
Law Library (Crown)
Book
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)
Book
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)
Book
xiv, 236 pages ; 24 cm.
This book examines the position of 'contextual elements' as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing a book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.
Law Library (Crown)
Book
vi, 123 pages ; 23 cm
  • Introduction
  • The cultural defence : its use and abuse
  • The ICC statute : a culture clash?
  • Defences at the ICC
  • ICC practice
  • 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 at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
(source: Nielsen Book Data)9781138893610 20180409
Law Library (Crown)
Book
x, 233 pages : illustrations (some color) ; 24 cm
Law Library (Crown)
Book
lxxx, 619 pages ; 24 cm
Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
(source: Nielsen Book Data)9781538111246 20180530
Law Library (Crown)
Book
xv, 306 pages : illustrations ; 24 cm.
  • Introduction
  • The legal categories of straits
  • The significance of maritime boundary delimitation for the legal regime of the Estonian straits
  • The significance of the outer limits of maritime zones for the legal regime of the Estonian straits
  • The significance of long-standing treaties and the legal regime of sui generis straits for the Viro strait
  • The significance of domestic law on the internal waters and state continuity for the legal regime of the sea of straits
  • Conclusion.
In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
(source: Nielsen Book Data)9789004363861 20180514
Law Library (Crown)
Book
306 pages.
  • Preface Introduction Part 1: The Legal Categories of Straits â 1â Interpretation of the Legal Categories of Straits under the losc â 2â The Legal Regimes of Historic Straits, Ice-covered Straits and Sui Generis Straits â 3â The Determinants of the Legal Categories of Straits Part 2: The Significance of Maritime Boundary Delimitation for the Legal Regime of the Estonian Straits 1 The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland â 1â The Maritime Area in the Gulf of Finland Subject to Delimitation between Estonia and the Russian Federation â 2â Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area â 3â Estonian-Russian Negotiations on the Maritime Boundary in the Gulf of Finland â 4â Delimitation of the Territorial Sea by the Equidistance-Special Circumstances Rule â 5â The Significance of Islands for the Maritime Boundary Delimitation and for the Viro Strait's Legal Regime 2 The Boundary Delimitation between Finland and the Soviet Union in the Gulf of Finland â 1 emsp--The Existence of the Russian eez in the Gulf of Finland â 2 emsp--The Acknowledgment of the Existence of the Russian eez in the Gulf of Finland 3 The Estonian-Latvian Boundary Delimitation in the Gulf of Riga â 1â The Estonian-Latvian Negotiations on the Maritime Boundary in the Gulf of Riga â 2â Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area â 3â Pre-Existing Agreements on the Status of Ruhnu Island â 4â The Status of Ruhnu Island under Article 7(1) of the losc â 5â Delimitation in the Gulf of Riga â 6â The eez in the Gulf of Riga Part 3: The Significance of the Outer Limits of Maritime Zones for the Legal Regime of the Estonian Straits 1 The Irbe Strait in the Gulf of Riga â 1â The Characteristics of the Irbe Strait â 2â Straits of the Gulf of Riga Linking Two Parts of an eez â 3â The Domestic Law of Estonia and Latvia on the Passage Rights of Warships and Other Foreign Vessels Used for National Non-commercial Purposes â 4â The Legal Framework Applicable to the Irbe Strait â 5â The Legal Framework Applicable to the Irbe Strait de lege ferenda 2 The Viro Strait in the Gulf of Finland â 1â The Characteristics of the Viro Strait â 2â The 1994 Agreement on the eez Corridor in the Gulf of Finland and Its Impact on the Domestic Legislation of Estonia and Finland â 3â The eez Corridor in the Viro Strait under Articles 35(b) and 36 of the losc â 4â The Viro Strait in the Context of a Potential Transit Passage Regime Part 4: The Significance of Long-Standing Treaties and the Legal Regime of Sui Generis Straits for the Viro Strait â 1â The Legal Framework of the Viro Strait under Previous International Agreements â 2â The Estonian Supreme Court's 1932 Interpretation of the Purpose of the 1925 Treaty between Estonia, Finland and the Soviet Union â 3â The Soviet Union's Reaction to the 1932 Judgment and the Following Decision of the Estonian Government on the Freedom of Navigation in the Gulf of Finland â 4â The Legal Effect of the 1925 and 1926 Trilateral Treaties from 1940 to 1991 â 5â The Relationship of the 1994 Agreement on the eez Corridor to the 1925 and 1926 Trilateral Treaties Prior to Finland's 2010 Withdrawal â 6â The Termination of the 1925 and 1926 Trilateral Treaties Part 5: The Significance Of Domestic Law On the Internal Waters and State Continuity for the Legal Regime of the Sea of Straits â 1â The Characteristics of the Sea of Straits â 2â The Sea of Straits under the Potential Regime of Transit Passage â 3â The Domestic Law of Estonia on Passage Rights in the Sea of Straits â 4â The Sea of Straits as Non-international Straits â 5â The Applicability of the Messina Exception to the Sea of Straits Conclusion â Aâ The Legal Categories of Straits and Their Interrelationship â Bâ The Significance of Outer Limits of Maritime Zones for the Legal Regime of the Estonian Straits â Câ The Significance of Long-standing International Conventions and Sui Generis Passage Regimes for the Estonian Straits â Dâ The Significance of Islands and Domestic Law on the Internal Waters for the Legal Regime of the Estonian Straits â Eâ The Significance of Maritime Boundary Delimitation and State Continuity for the Legal Regime of the Estonian Straits Annex 1. Maps â 1â The eez Corridor in the Gulf of Finland â 2â The high seas corridor in the Gulf of Finland under the 1925 and 1926 agreements â 3â The 3-nm-wide territorial sea of Estonia in 1923 â 4â The 12-nm-wide maritime zone of Estonia in 1923 â 5â The maritime boundary between Estonia and Latvia â 6â Latvia's eez and the potential eez corridor in the Gulf of Riga â 7â The Russian federation's eez in the Gulf of Finland â 8â Maritime boundary between Estonia and the Russian federation Annex 2. Historical Treaties â 1â The 1925 Helsinki Convention for the Suppression of the Contraband Traffic in Alcoholic Liquors and its Protocol â 2â The 1925 Helsinki Agreement between Estonia, Finland and the Soviet Union â 3â The 1926 Moscow Protocol Bibliography â Monographs, Articles etc. â League of Nations and United Nations Publications â Chronological List of Explanatory Notes and Stenographic Records â Maritime Authorities' Publications â Newspaper Articles and Press Releases â Miscellaneous Chronological Table of International Instruments â Treaties â International Maritime Organization Instruments â Chronological List of Declarations Table of National Legislation â Denmark's Legislation â Estonia's Legislation â Finland's Legislation â Germany's Legislation â Latvia's Legislation â The Russian Federation's Legislation â Sweden's Legislation Files of the Estonian National Archives Chronological Table of Cases Chronological List of Maps Index.
  • (source: Nielsen Book Data)9789004363861 20180514
In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
(source: Nielsen Book Data)9789004363861 20180514
Green Library
Book
ix, 180 pages ; 24 cm.
  • Contents Acknowledgements List of Acronyms Introduction Chapter 1: Defining the `legal hole' Chapter 2: Why `Climate Refugees'? Chapter 3: Climate-Induced Migration and International Environmental Law Chapter 4: Filling the Institutional Gap Conclusion: Cautious Optimism?
  • (source: Nielsen Book Data)9780815386315 20180530
One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a `protection gap'. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states). The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term `climate refugees' is indeed correct and should be relied upon.ã The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of `cross-governance', through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.
(source: Nielsen Book Data)9780815386315 20180530
Green Library
Book
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)
Book
xvii, 311 pages ; 24 cm
It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter.0This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be ? should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights? 'The future of business and human rights' informs the reader about the current debate that is at centre of legal and diplomatic discussion.
Law Library (Crown)