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Book
xiv, 290 pages ; 25 cm.
  • Introduction: Embracing queer curiosity / Dianne Otto
  • A tale of two atonements / Rahul Rao
  • "Dangerous desires" : illegality, sexuality and the global governance of artisanal mining / Doris Buss and Blair Rutherford
  • The anatomy of neoliberal Internet governance : a queer critical political economy perspective / Monika Zalnierute
  • International law as violence : competing absences of the other / Vanja Hamzić
  • The maintenance of (international peace and security) heteronormativity / Tamsin Philippa Paige
  • In spite : testifying to sexual and gender-based violence during the Khmer Rouge period / Maria Elander
  • The (im)possibility of queering international human rights law / Ratna Kapur
  • Homoglobalism : the emergence of global gay governance / Aeyal Gross
  • Governing (trans)parenthood : the tenacious hold of biological connections and heterosexuality / Anniken Sørlie
  • Queer border crossers : pragmatic complicities, indiscretions and subversions / Bina Fernandez
  • Queering international law's stories of origin : hospitality and homophobia / Nan Seuffert
  • Resisting the heteronormative imaginary of the nation-state : rethinking kinship and border protection / Dianne Otto.
Law Library (Crown)
Book
xxi, 326 pages ; 24 cm.
  • Identity formation, theorization and decline of a Latin American international law / Liliana Obregóm
  • The influence of the Latin American doctrine on international law : the rise of Latin American doctrines at The Hague Academy during the early twentieth century / Ricardo Abello-Galvis and Walter Arévalo-Ramírez
  • Latin American the II Hague Peace Conference of 1907 / Antônio Augusto Cançado Trindade
  • Latin America and the Central American Court of Justice / Rosa Riquelme
  • Latin America and the Permanent Court of International Justice / Miriam Cohen
  • Latin America and the International Court of Justice : the Pact of Bogotá / María Teresa Infante Caffi
  • Obligation to negotiate / Karel Wellens
  • Application for revision of a judgment (Article 61, statute of the court) / Leonardo Nemer Caldeira Brant
  • Discretional intervention (Article 62, statute of the court) / Beatrice I. Bonafé
  • Intervention by third parties under Article 63 of the statute / Luis González García
  • Enforcement of the International Court of Justice decisions / Karin Oellers-Frahm
  • Vienna Convention on Consular Relations (Paraguay v. United States of America), 1998 / Cristina Hoss
  • Haya de la Torre (Colombia v. Peru), 1950 / Pablo Sandonato de León
  • Asylum (Colombia v. Peru), 1949 and request for interpretation of the judgment of 20 November 1950 in the Asylum case (Colombia v. Peru), 1950 / Guy S. Goodwin-Gill
  • Avena and other Mexican nationals (Mexico v. United States of America), 2003 and request for interpretation of the judgment of 31 March 2004 in the case concerning Avena and other Mexican nationals (Mexico v. United States of America), 2008 / Cesare P.R. Romano
  • Nottebohm (Liechtenstein v. Guatemala), 1951 / Alfred M. Boll
  • Military and paramilitary activites in and against Nicaragua (Nicaragua v. United States of America), 1986 / Efthymios Papstavridis
  • Territorial and maritime dispute (Nicaragua v. Colombia), 2001 / Virginie J.M. Tassin
  • Maritime dispute (Peru v. Chile), 2008 / Tullio Scovazzi
  • Territorial and maritime dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras), 1999 / Chie Kojima
  • Case concerning the arbitral award made by the King of Spain on 23 December 1906 (Honduras v. Nicaragua), 1960 / Yoshifumi Tanaka
  • Territorial and maritime dispute (El Salvador/Honduras), 2002 / Antonio Remiro Brotóns
  • Construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), 2011 and certain activities carried out by Nicaragua in the border area (Costa Rica v. Nicaragua), 2010 / Ximena Fuentes and Mariana Durney
  • Dispute regarding navigational and related rights (Costa Rica v. Nicaragua), 2005 / Martin Dawidowicz
  • Pulp mills on the River Uruguay (Argentina v. Uruguay), 2006 / Sandrine Maljean-Dubois and Vanessa Richard.
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
(source: Nielsen Book Data)9781138858572 20170418
Law Library (Crown)
Book
xiv, 107 pages ; 23 cm.
  • The right to democracy in international customary law
  • The right to democracy in international conventions : the International Covenant on Civil and Political Rights
  • The substantive right to democracy in international law
  • Democracy and the citizen in the philosophy of John Rawls.
This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
(source: Nielsen Book Data)9781138294431 20170418
Law Library (Crown)
Book
x, 207 pages ; 24 cm.
  • Yoking the giant Pantagruel : why the Security Council needs a rule of law
  • The shifting sands of the rule of law
  • The components of a bespoke Security Council rule of law
  • Clarity of action
  • Legal certainty
  • Equality before the law
  • The predictability paradox
  • Consistency with international human rights and humanitarian norms and standards
  • Separation of powers and acting ultra vires
  • The equitable participation in decision-making processes
  • Accountability.
The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council's agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council's decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
(source: Nielsen Book Data)9781138220249 20170612
Law Library (Crown)
Book
xii, 222 pages ; 25 cm.
  • The politics of international law
  • Narratives of justification from 1883
  • Conventional readings
  • Competing for hegemony
  • Returning to the status quo?
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice -one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice's Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O'Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
(source: Nielsen Book Data)9781138123946 20170502
Law Library (Crown)
Book
xxv, 292 pages ; 24 cm.
  • Constitutionalisation : a new philosophy of international law? / Jerzy Zajadło and Tomasz Widłak
  • From the internationalisation of national constitutions to the "constitutionalisation" of international law : the role of human rights / Vassilis Tzevelekos and Lucas Lixinski
  • International constitutionalism, language in legal discourse, and the functions of international law scholarship / Roman Kwiecień
  • The creeping constitutionalization and fragmentation of international law : from "constitutional" to "consistent" interpretation / Maurizio Arcari
  • The paradoxes of fragmentation : does regional constitutionalisation constitute a fragmentation threat to the international legal order? / François Finck
  • International constitutionalisation of protection of privacy in the internet : the Google case example / Krystyna Kowalik Bańczyk
  • The "revival" of sovereignty via the complementarity regime and the "doctrinal" idea of responsibility to protect; what about constitutionalization? / Maria Varaki
  • Fragmentation of the law of targeting : a comfortable excuse or dangerous trap / Patrycja Grzebyk
  • The Rome Statute and the debate surrounding the constitutionalization, fragmentation and pluralisation of international criminal law / Karolina Wierczyńska
  • Justifying 'fragmentation' and constitutional reforms of international law in terms of justice, human rights and 'cosmopolitan constitutionalism' / Ernst-Ulrich Petersmann
  • A constitutionalised legal order : exploring the role of the World Heritage Convention (1972) / Andrzej Jakubowski
  • Constitutionalisation through fragmented adjudication / Mónika Ambrus
  • From fragmentation to coherence: a constitutionalist take on the trade and public health debates / Chien-Huei Wu
  • Access to environmental justice for NGOs : interplay between the Aarhus Convention, the EU Lisbon Treaty, and the European Convention on Human Rights / Marjolein Schaap-Rubio Imbers
  • The reconciliatory approach : an interpretative response to harmonize international environmental law with other specialised areas of international law / Britta Sjöstedt.
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
(source: Nielsen Book Data)9781138119727 20170321
Law Library (Crown)
Book
xxxv, 274 pages ; 24 cm.
  • Introduction
  • The United Nations and NATO
  • The armed forces and government ministers
  • The role of Parliament in armed conflict decisions
  • The relationship between the English courts and the government
  • The United Kingdom's obligations under international humanitarian law
  • The influence of human rights law on the UK armed forces
  • The individual British servicemen or woman
  • The conduct of British military operations
  • Conclusion.
This book discusses the manner in which Britain's wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that 'the Armed Forces are under legal siege.' The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners' courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
(source: Nielsen Book Data)9781138846241 20161010
Law Library (Crown)
Book
xi, 177 pages ; 24 cm.
  • What is reciprocity?
  • Reciprocity and the sources of international law
  • Reciprocity and the rule of law
  • Reciprocity and the enforcement mechanisms of international law
  • Reciprocity and international cooperation
  • Final remarks.
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States' obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.
(source: Nielsen Book Data)9781138119765 20160928
Law Library (Crown)
Book
xvii, 305 pages ; 24 cm.
  • Introduction
  • From humanitarian intervention to the responsibility to protect
  • International society
  • State responsibility : obligations on states in international law
  • International human rights law : rights and responsibilities
  • International criminal law : responsibilities within the international criminal justice system
  • International environmental law : the responsibility to save the planet
  • The responsibility to prevent
  • The responsibility to react
  • The responsibility to rebuild
  • Responsibilities ignored? : Syria and Iraq
  • Conclusion.
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
(source: Nielsen Book Data)9781138830516 20160912
Law Library (Crown)
Book
xxii, 184 pages ; 24 cm.
  • Introduction
  • The legal content of the United Nations Declaration on the Rights of Indigenous Peoples
  • The legal status of the UN Declaration on the Rights of Indigenous Peoples
  • The UN Declaration on the Rights of Indigenous Peoples and the human rights struggles of other groups in international law
  • The political power of the global indigenous movement
  • Two distinguishing features of the human rights claims of indigenous peoples
  • Conclusions.
Today human rights represent a primary concern of the international legal system. The international community's commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples' struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law's positive recognition of indigenous peoples' rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
(source: Nielsen Book Data)9781138017962 20160802
Law Library (Crown)
Book
xiv, 208 pages ; 25 cm.
  • Nigel D. White is Professor of Public International Law at the University of Nottingham in the United Kingdom.
  • (source: Nielsen Book Data)9780415668170 20160617
The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.
(source: Nielsen Book Data)9780415668170 20160617
Green Library
Book
xiv, 208 pages ; 25 cm.
  • Cuba's struggle for independence
  • Colonialism, imperialism and pariah states
  • Exporting revolution, importing communism
  • Self-help and international law
  • The Cuban embargo
  • Violations, responsibility and remedies
  • Legal framework for peaceful settlement
  • Concluding remarks on the relevance of international law.
The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.
(source: Nielsen Book Data)9780415668170 20160617
Law Library (Crown)
Book
xviii, 287 pages ; 25 cm.
  • 'One, no one and one hundred thousand' : reflections on the multiple identities of the ICC / Triestino Mariniello
  • The case for inclusion of terrorism in the jurisdiction of the International Criminal Court / Harmen van der Wilt and Inez Braber
  • Command responsibility, joint commission and 'control over the crime' approach in the first ICC jurisprudence / Chantal Meloni
  • The right not to be tried twice for international crimes : an overview of the ne bis in idem principle within the statutes of the ICC and the international criminal tribunals / Stefano Manacorda and Giulio Vanacore
  • Balancing rights of the accused with rights of victims before the International Criminal Court / Morris A. Anyah
  • Lubanga decision on victims' reparations : handing off the hot potato? / Paolo Lobba
  • Building national capacity for the ICC : prospects and challenges / Olympia Bekou
  • Has the ICC unfairly targeted Africa or has Africa unfairly targeted the ICC? / Lyal S. Sunga
  • Transitional justice in the DRC : the 2014 Amnesty Law and the principle of complementarity - quid juris? / Patricia Pinto Soares
  • The first decision on sentence of the International Criminal Court in the Lubanga case : great (unmet) expectations / Silvia D'Ascoli
  • The confirmation of charges at the International Criminal Court : a tale of two models / Triestino Mariniello and Niccolò Pons
  • From Lubanga to Ruto : witness proofing under the applicable law of the ICC / Sarah Finnin
  • General principles of law in the early jurisprudence of the ICC / Mohamed Elewa Badar and Noelle Higgins.
The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC's practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.
(source: Nielsen Book Data)9780415747776 20160618
Law Library (Crown)
Book
xviii, 410 pages ; 24 cm.
  • Introduction
  • Africa : birthing the empire of law and concept of territory
  • Sovereignty, jurisdiction, territorial integrity and territorial acquisition in international law
  • Frontiers and boundaries in the context of international legal framework of territorial sovereignty and jurisdiction
  • Province of international boundary disputes determined
  • Actual and potential role of the African Union Organisation in boundary dispute management and resolution
  • African regional economic communities and the management of boundary disputes
  • Manifestations of boundary disputes in the African geopolitical zones
  • Case study : the arbitral route to settlement of African boundary disputes
  • Case study : mediation route to settlement : the dispute between Malawi and Tanzania over Lake Nyasa
  • Case study : adjudicative route : a critique of the land and maritime boundary dispute (Cameroon v Nigeria)
  • Sociology, politics, insecurity and the psychology of power in African boundary relations
  • Pacific settlement of international boundary disputes : a critical appraisal of the International Court of Justice
  • Role and scope for involvement of Africa's developed northern partners in the settlement of boundary disputes
  • The problem of costs and the relevance of legal aid in African boundary dispute resolution : funding delimitation, demarcation and other implementation activities
  • Settlement of the uti possidetis principle in light of the African experience
  • Strategies and modalities to resolve straddling communities and resources under the African Union Boundary Programme
  • Alternative futures : strategies of negotiation and innovative methods to avoid deadlock in relation to territorial conflicts
  • Resolution of international boundary disputes involving African nations : alternative futures and general conclusions.
Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.
(source: Nielsen Book Data)9780415838924 20160618
Law Library (Crown)
Book
xvi, 182 pages ; 25 cm.
  • International law as a leap of faith?
  • Approaches to international regimes, power and law
  • International trade
  • Environmental protection
  • Human rights
  • International criminal justice
  • Use of force
  • Reconciling international law and international relations.
When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
(source: Nielsen Book Data)9781138804609 20160618
Law Library (Crown)
Book
xviii, 111 pages ; 25 cm.
  • Use of force : displaced twentieth-century rules, norms and standards?
  • Revolution in military affairs : hi-tech weaponry, low-tech legal safeguards
  • The fourth domain : ascendance of outer space as a war theatre
  • War in the fifth domain : cyberwarfare
  • Discarding law by analogy : old legal frameworks.
As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as 'Web War I'. In 2010, a worm-Stuxnet-was identified as supervisory control and data acquisition systems at Iran's uranium enrichment plant, presumably in an attempt to set back Iran's nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastructure, and is now at the core of national security interests. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. Except in cases of self-defence or with the authorisation of a Security Council Resolution, the use of force is prohibited under the UN charter and customary international law. However, the law of jus ad bellum was developed in a pre-digital era where current technological capabilities could not be conceived. Jackson Maogoto asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Key queries include how one defines an armed attack in an age of anti-satellite weaponry, whether the destruction of a State's vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would enliven the right of self-defence or retaliatory action. The book argues that while technology has leapt ahead, the legal framework has failed to adapt, rendering States unable to legally defend themselves effectively. The book will be of great interest and use to researchers and students of international law, the law of armed conflict, Information Technology and the law, and counter-terrorism.
(source: Nielsen Book Data)9780415694339 20160617
Law Library (Crown)
Book
xix, 194 pages ; 24 cm.
  • Introduction
  • Genesis of customary international law and international criminal law
  • New concept of customary international law : the role of the international criminal judge
  • Customary international law in the decisions of the ICTY
  • The principle of legality and customary international law
  • The need for a new conceptual framework for the sources in international law
  • General conclusion.
This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajarvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajarvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.
(source: Nielsen Book Data)9780415827416 20160613
Law Library (Crown)
Book
xlii, 338 pages ; 24 cm.
  • Legislating for humanity : may states compel others to promote global interests? / Eyal Benvenisti
  • Declaratory legislation : towards a genealogy of neoliberal legalism / Martti Koskenniemi
  • Legalism and the "dark" side of global governance / Friedrich Kratochwil
  • Global legalisation and its discontents / Gianluigi Palombella
  • Informal international law as presumptive law : exploring new modes of law-making / Joost Pauwelyn, Ramses A. Wessel and Jan Wouters
  • Mankind's territory and the limits of international law-making / Wouter Werner
  • (International) law! / Inger Österdahl
  • Perspectivism in law / Kaarlo Tuori
  • Law-making through comparative international law? : rethinking the role of domestic law in the international legal system / Rene Uruena
  • International responsibility and problematic law-making / Katja Creutz
  • Law-making and international environmental law : the legal character of decisions of conferences of the parties / Malgosia Fitzmaurice
  • In search of a voice : EU law constraints on member states in international law-making / Panos Kautrakos
  • "In principle the full review" : what justice for Mr Kadi? / Päivi Leino
  • Law-making by human rights treaty bodies / Geir Ulfstein
  • Peremptory law-making / Enzo Cannizzaro
  • Law-making and the law of the sea : the BP Deepwater Horizon oil spill in the Gulf of Mexico / James E. Hickley, Jr.
  • Slowly but surely? : the challenge of the responsibility to protect / Marja Lehto
  • Treaties, custom and universal jurisdiction / Rain Liivoja
  • Making the right choice : constructing rules for antiterrorist operations / Jarna Petman.
This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers' wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
(source: Nielsen Book Data)9780415659567 20160612
Law Library (Crown)
Book
xii, 308 pages ; 24 cm.
  • Introduction
  • Conceiving justice for victims of international crimes
  • The development of victims in international criminal justice
  • Victims in the proceedings of the international criminal court
  • Reparations and responsibility under the Rome Statute
  • The impact of the International Criminal Court on victims in Northern Uganda
  • Victim-orientated complementarity : a wider perspective
  • Conclusion.
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
(source: Nielsen Book Data)9780415722391 20160616
Law Library (Crown)
Book
xvii, 252 pages ; 25 cm.
  • 1. Introduction 2. Overview of Partnerships 3. Legal Status of Partnerships 4. Immunity from the Jurisdiction of Domestic Courts 5. State Responsibility 6. Responsibility of International Organizations 7. Remedies 8.Conclusion.
  • (source: Nielsen Book Data)9780415710459 20160614
Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.
(source: Nielsen Book Data)9780415710459 20160614
Law Library (Crown)

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