International law: courts and procedures Books

Book SynopsisA vibrant exploration of past and present controversies surrounding control of the world''s oceans.In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. A ship sailing through the sea, he wrote, leaves behind it no more legal right than it does a track. A philosophical and legal battle ensued, but Grotius''s view ultimately prevailed. To this day, freedom of the seas remains an important legal principle and a powerful rhetorical tool. Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today''s most dangerous maritime disputes-including China''s push for control of tTrade ReviewDavid Bosco has produced something remarkable, a lively and informative account and analysis of efforts to manage our engagement with the ocean. Practitioners and academics will find The Poseidon Project clear and comprehensive; general readers will come away startled by triumphs and failures that have marked—and continue to mark—this ongoing chapter in human history. * David Balton, Former United States Ambassador for Oceans and Fisheries *David Bosco's The Poseidon Project is a vivid and energetic examination of the development of the law of the sea. Casting both familiar and more obscure episodes of maritime history in a new light, Bosco reveals the extent to which human responses to particular events drive change in the international arena. In so doing, he pulls back the curtain on how governments try to bring order to the ocean and the world. * Lincoln Paine, author of The Sea and Civilization: A Maritime History of the World *Bosco has written a terrific book that illuminates the challenges of maritime governance today. With lucid, insightful, and engaging prose, Bosco documents how unfettered freedom of the seas has given way to greater national control and international jurisdiction over the world's waters. * M. Taylor Fravel, Arthur and Ruth Sloan Professor of Political Science and Director, Security Studies Program, Massachusetts Institute of Technology *Bosco is unparalleled in his ability to weave together ancient and modern history, law, and politics and in moving from the big picture questions and issues to small but deeply illuminating details of the individuals, ideas, and events that shaped the evolution of ocean governance. It's rare to find a scholarly book that is so engaging to read. * Tamar Gutner, American University *This book is a real enrichment to the existing scholarly literature. The fundamental and century-old conflict between freedom of the seas and efforts to control maritime space is not presented by way of formalistic analysis of diplomatic conferences and legal instruments, but on the basis of historical developments, political struggles and current conflicts. By focusing on their contexts, ocean governance and the law of the sea thus become accessible in terms of their backgrounds, manifestations and potential future. The book is highly recommended reading for all those interested in ocean affairs. * Alexander Proelß, University of Hamburg *Table of ContentsIntroduction 1. The Global Ocean 2. Britannia's Rules 3. The Unraveling 4. Toward the Treaty 5. The Ocean Constitution 6. Jockeying for Position 7. The Convention in Operation 8. System Under Strain Conclusion: Sea Changes Notes Sources and Further Reading Index

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Book SynopsisCriminal law, according to George Fletcher, has become localized law in the sense that each country and, within the USA, each state has adopted its own set of criminal codes, conceptions of punishable behaviour, etc. In this book, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues. He introduces and sets out the twelve concepts that shape and guide every system of criminal justice, knowledge of which is essential to understanding the structure of the law and its local and national variations.Trade Review"...a concise, fair-minded, and remarkably clear synthesis of virtually all of the major debates in contemporary criminal law theory...Fletcher...works masterfully, in order to test the specifically universal and timeless claims of his theory...the readers cannot help but be impressed by what Fletcher has achieved...his dichotomy theory is rich enough to provide the tools for analyzing many of the examined anomalies."--Michigan Law Review

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Book SynopsisAs international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world''s worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors'' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers.Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humaTrade ReviewA great strength of this book is Schabas approach to providing a broad overview of the major international criminal law issues... Schabas ability to go beyond legal doctrine to discuss the foundational theories and political issues of international criminal law speaks to his broad expertise and versatility. The issues and arguments are consistently presented in an accessible, engaging style... He does not burden the reader with dense, legalistic prose. He makes the discussion relevant by drawing on a great deal of historical context and precedent, particularly from the Nuremburg trials. He does not, however, shy away from making reasoned legal arguments and grounding them in sources of international law. He frequently explains and refers to treaties, custom, case law, and works of pre-eminent international law scholars. * Nathan Kruger, Canadian Yearbook of International Law *Unimaginable Atrocities, Schabas has produced perhaps his greatest work in a prodigious collection of extraordinary contributions to the field... Schabas has long contributed to the development of effective world law. He has taken on the task and made it his own, standing shoulder to shoulder with the likes of Cherif Bassiouni, Antonio Cassese, Hans Corell, Michael Scharf and David Scheffer. His text is plainly intended to appeal to and inform, not only academics, but also those with less direct expertise in the field. This is not to suggest that it is somehow written at an introductory level, or that it can be passed over by those more familiar with the issues addressed in the book. Rather, it seeks to expand the audience, educating those interested in creating a safer and more tolerant world on key components within the field of international criminal law, while providing substantive arguments for discussion among academic circles. * Matthew Kane, International Affairs *Insightfully explain[s] the conceptual foundations and prospective paths for an international criminal judiciary. Schabas' book reveals once more that international criminal law is shaped by a complex relationship of policy and law, which unfortunately can only partly prevent war crimes while influencing how humanity confronts unimaginable atrocities. * Martin Wählisch, ASIL Cables *Table of ContentsIntroduction ; 1. 'Unimaginable Atrocities': Identifying International Crimes ; 2. Nullum Crimen Sine Lege ; 3. Victors' Justice? Selecting Targets for Prosecution ; 4. The Genocide Mystique ; 5. Mens Rea, Actus Reus, and the Role of the State ; 6. History, International Justice, and the Right to Truth ; 7. No Peace Without Justice? The Amnesty Quandary ; 8. Crimes Against Peace

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Book SynopsisThis book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.Trade ReviewThis book is a well-informed, meticulously researched and incessantly inquisitive contribution to what might be broadly characterised as the historiography of international criminal law. How do international criminal courts go about constructing historical narratives, how are these histories received and what happens to history after its encounter with international law, and international law after its encounter with history? By offering us a series of deft and sometimes pugnacious answers to these questions, Dr Sander enriches the field considerably. * Gerry Simpson, Professor of Public International Law, LSE *In Doing Justice to History, Barrie Sander moves us well beyond familiar debates over whether international criminal courts (or any courts for that matter) should narrate history, by masterfully and compellingly demonstrating how international criminal courts not only produce but legitimate impoverished historical accounts. While largely skeptical of the many biases of international criminal law that manifest in its history-making, Sander also suggests the emancipatory potential of approaching the judicial production of history as a site of critical inquiry rather than as an end. Lawyers, historians, and social theorists interested in the law or memory of armed conflict, crimes against humanity, and genocide will want to read this book. * Karen Engle, Chair in Law, The University of Texas at Austin *Milan Kundera writes that we 'pass through the present with our eyes blindfolded,' and it is only when that blindfold 'is untied' that we can 'glance at the past' and discover its meaning. In this book for the ages, Barrie Sander unties international criminal law's blindfold. Sander adroitly shows what sense law can, and cannot, make of history. * Mark A. Drumbl, Professor of Law, Washington and Lee University *This book offers an astute account of how history is being constructed in international courtrooms. It shows how historical narratives by international criminal courts are neither static nor final, and it argues that international judgments should not be seen as historical endpoints but rather as discursive beginnings. The book is brilliant in its nuanced approach and convincing through its meticulous argumentation. * Larissa van den Herik, Professor of Public International Law, Leiden University *Table of Contents1: Introduction 2: The Struggle for Historical Justice 3: The Prosecutorial Targets Question 4: The Crime Question 5: The Culpability Question 6: Beyond the Purview of International Criminal Judgments 7: Historical Narrative Pluralism Within and Beyond International Criminal Courts 8: Conclusion Select Bibliography

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Book SynopsisThe eighth edition of Jacobs, White and Ovey: The European Convention on Human Rights is a clear and concise companion to this increasingly important and extensive area of the law.The authors examine each of the Convention rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court''s decisions.The focus on the European Convention itself, rather than its implementation in any one member state, makes this book essential reading for all students looking for a concise yet authoritative overview of the work of the Strasbourg Court.Trade ReviewReview from previous edition An indispensable companion to the study of European human rights law at all levels. * Panos Kapotas, Senior Lecturer, University of Portsmouth *Table of ContentsPart 1: Institutions and Procedures 1: Context, background, and institutions 2: Proceedings before the court 3: Supervising the enforcement of judgments 4: Interpreting the convention 5: The scope of the convention 6: Reservations and derogations Part 2: Convention Rights 7: The right to an effective remedy 8: The right to life 9: Prohibition of ill-treatment 10: Protection from slavery and forced labour 11: Personal liberty and security 12: The right to a fair trial in civil and criminal cases 13: Aspects of the criminal process 14: Limitations common to articles 8-11 15: Protecting family life 16: Protecting private life, the home, and correspondence 17: Freedom of thought, conscience, and religion 18: Freedom of expression 19: Freedom of assembly and association 20: Protection of property 21: The right to education 22: The right to free elections 23: Freedom of movement 24: Freedom from discrimination Part 3: Reflections 25: Results and prospects

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Book SynopsisThe European Union''s values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union''s common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States'' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a ''Verbund'' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the ''Verbund''. This dual character should guide the provision''s future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.Trade ReviewSpieker's work is a comprehensive, well-thought out, and highly innovative legal analysis of the EU values provided in Article 2 TEU. * Takis Tridimas, Professor of European Law, King's College London & Nancy A. Patterson Distinguished Scholar, Penn State Law *The book offers a profound analysis of and precise methodology for the CJEU's application of Article 2 TEU. One of its most remarkable innovations is the concept of "mutual amplification", which captures the Court's approach in a succint and original way. * Juliane Kokott, Advocate General, Court of Justice of the European Union *An impressive piece of scholarship, which is both scientifically sound, compellingly argued, and elegantly written. The book is an invaluable source of inspiration for future discussions on (and application of) Article 2 TEU. * Christophe Hillion, Professor of European law, University of Oslo; Editor of the Common Market Law Review *What is the constitutional 'value' of Article 2 TEU protecting the foundational 'values' of the Union? This new monograph offers a brilliant and comprehensive analysis of this complex issue. It not only examines the jurisprudence of the Court with great technical skill, but also explores the broader constitutional questions that a 'tyranny of values' might pose for the federal balance and the separation of powers in the European Union. * Robert Schütze, Durham University and Luiss (Rome) *This is a brilliant monograph analysing the functions of Article 2 TEU and exploring its potential. The book makes a significant contribution to current debates on the role of values in (EU) law and the nature of the EU legal order. A must read for European and constitutional lawyers and a very enjoyable one indeed! * Anastasia Iliopoulou-Penot, Professor, Université Panthéon-Assas (Paris 2) *Table of ContentsIntroduction I. Foundations 1: Practice: The Rise of Article 2 TEU in the Court's Jurisprudence 2: Doctrine: The Judicial Applicability of Article 2 TEU 3: Theory: The Dual Character of Article 2 TEU II. 'The Union is founded on the values ...': Potential in the EU Dimension 4: Article 2 TEU as Constitutional Core of the EU Legal Order 5: The Court and the Treaties: Fostering Coherence 6: The Court and the Legislature: Encouraging Legislation 7: The Court and the Treaty Makers: Constraining Revision III. 'These values are common to the Member States ...': Potential in the Verbund Dimension 8: Article 2 TEU as Constitutional Frame of the Verbund 9: Top-Down Review 10: Horizontal Review 11: Bottom-Up Review IV. Risks and Recalibration 12: Towards a Tyranny of EU Values? 13: Disrupting the Federal Balance? Conclusions

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Book SynopsisSince the mid-1990s the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties. This book is a study of recent experiences in the international administration of war-torn territories. It examines the nature of these operations - their mandates, structures, and powers - and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. It analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. It also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. It argues that, despite many of the problems arising from both the design and implementation of international administrations, international administration has generally made a positive contribution to the mitigation of conflict in the territories where they have been established, thus removing or reducing a threat to peace and helping to improve the lives of the vast majority of the territories'' inhabitants. This major new work from a leading scholar provides the first comprehensive treatment of recent attempts at international governance of war-torn territories, and will be essential reading for anyone interested in peace-keeping operations and international administration.Trade ReviewThis is an important book. It fills a gap in the literature. I know of no similar text for those specializing in peacekeeping/ building, whether scholar or academic, this is required reading. * Robert E Kelly, Journal of Conflict Studies *An extensive collection of factors and circumstances relevant to international administrations is presented here, providing valuable insights for both scholars and practioners...overall it is well-presented and informative. * International Peacekeeping *...this book [is] required reading for any presumptive admistrator. * Ethics & International Affairs *With its detailed and shrewd analysis, it is hard to see how Caplan's measured account will be bettered. * Lawrence D. Freedman, Foreign Affairs *Caplan's book is an important guide for any student of post-conflict reconstruction. * Bathsheba Crocker, Survival *Caplan's work provides an excellent point of introduction to the key problems that had been encouraged up to the point of publication and which will continue to generate challenges to those engaged in internationally administered peace operations. * Jeremy Moses, Australian Journal of Political Science *Table of ContentsIntroduction ; 1. Forms of International Administration ; PART 1: INTERNATIONAL ADMINISTRATION IN PRACTICE ; 2. Public Order and Internal Security ; 3. Refugees and Internally Displaced Persons ; 4. Civil Administration ; 5. Political Institution-Building ; 6. Economic Reconstruction and Development ; PART 2: CRITICAL ISSUES FOR INTERNATIONAL ADMINISTRATION ; 7. Planning Operations ; 8. The Exercise of Executive Authority ; 9. Accountability ; 10. Exit Strategies ; 11. Enhancing Effectiveness ; Conclusions

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Book SynopsisThe Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of international criminal law. It offers a comprehensive survey of the issues surrounding international humanitarian law and human rights through a range of entries by the leading minds in the area.Trade ReviewA significant work which treats its subject both broadly and in depth in an accessible manner...With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be an entry point for scholars, practitioners, and others interested in current developments in international justice. * David Badertscher, New York Law Librarian *The Companion offers a unique and comprehensive explanation and analysis of the most important issues in international criminal law. Although such a book has been long awaited by scholars and practitioners, it can be noted that it was worth waiting for... * Jernej Cernic, International Law Observer.eu *The strength of this book lies in the various professional backgrounds of its contributors, some of them being practitioners working in international tribunals...The book addresses intricate issues of international criminal justice in a manner that is also accessible to persons who are not familiar with criminal law. It is thus designed, not only to be a good doctrinal and practical support for both international scholars and criminal lawyers, but also to be used by anyone interested in current developments in international criminal law. A great read! * Elise Hansbury, Journal de TRIAL n19, july 2009 *Twelve hundred pages long, written by 132 authors, and comprising 21 essays, 300 encyclopedia entries, and more than 330 case synopses, the book is, quite simply, the most ambitious edited work in the history of international criminal law (ICL). Fortunately it is also the best. * Kevin Jon Heller, Melbourne Law School, The American Journal Of International Law vol 104 *Table of ContentsPART A: MAJOR PROBLEMS OF INTERNATIONAL CRIMINAL JUSTICE ; I. HOW TO FACE INTERNATIONAL CRIMES ; Collective Violence and International Crimes ; State Responsibility and Criminal Liability of Individuals ; Alternatives to International Criminal Justice ; II. FUNDAMENTALS OF INTERNATIONAL CRIMINAL LAW ; Sources of International Criminal Law ; General Principles of International Criminal Law ; International Criminalization of Prohibited Conduct ; Gender-related Violence and International Criminal Law and Justice ; Modes of International Criminal Liability ; III. THE INTERPLAY OF INTERNATIONAL CRIMINAL LAW AND OTHER BODIES OF LAW ; Comparative Criminal Law as a Necessary Tool for the Application of International Criminal Law ; The Influence of the Common Law and Civil Law Traditions on International Criminal Law ; Humanitarian Law and International Criminal Law ; IV. INTERNATIONAL CRIMINAL TRIALS ; The Rationale for International Criminal Justice ; International Criminal Justice in Historical Perspective: The Tension Between States' Interests and the Pursuit of International Justice ; The International Criminal Court as a Turning Point in the History of International Criminal Justice ; The International Criminal Court and Third States ; Politics and Justice: The Role of the Security Council ; Problematical Features of International Criminal Procedure ; Cooperation of States with International Criminal Tribunals ; Means of Gathering Evidence and Arresting Suspects in Situations of States' failure to Cooperate ; International v. National Prosecution of International Crimes ; Judicial Activism v. Judicial Restraint in International Criminal Law ; PART B: ISSUES, INSTITUTIONS AND PERSONALITIES ; PART C: CASES

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Book SynopsisThis book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.Trade ReviewA much needed and welcomed addition in the English Language regarding the development of a deeply interesting system of protection of human rights. * Humberto Fernando Cantú Rivera, Institute of Legal Research of the UNAM *Table of ContentsPART I: PROCEDURAL GUARANTEES; PART II: SUBSTANTIVE GUARANTEES; APPENDICES; SOURCES AND TABLES; BIBLIOGRAPHY; INDEX

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Book SynopsisIn the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period.A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.Trade ReviewFrom a young Chinese lawyer's perspective, the book... represents a gift from the elder generation of international law scholars who demonstrated meticulous archival research, fine interdisciplinary methodology and lawyers' responsibility in the midst of highly emotional and politically driven debates... The publication of Hong Kongs War Crimes Trials marks not the end, but the beginning of a larger, ongoing process for subsequent academics and practitioners alike. * Guo Cai, Journal of International Criminal Justice *Hong Kong's War Crimes Trials looks at British war crimes prosecutions in its south China colony from 1946 to 1948, and is an important and unique contribution to the history of war crimes trials. This is an important book by outstanding scholars, and it deserves to reach a wide audience. Specialists in military history, law, and international affairs will want to read this fine book, which will also appeal to the general reader. * Frederic Borch III, Military Law Review *A major contribution to our knowledge of these events. * Colin Day, Journal of the Royal Asiatic Society Hong Kong Branch *Edited by Professor Suzannah Linton, Hong Kong's War Crimes Trials makes an outstanding contribution... We should not be surprised then if a new cohort of ICL historians, inspired by the superior scholarship and doctrinal insights of Hong Kong's War Crimes Trials, soon sets sail in those unchartered archival waters... Hong Kong's War Crimes Trials does an exemplary job of elucidating the history, context and law related to Britain's 1946-48 prosecutions of suspected Japanese war criminals in its south China coast colony. The structure and content of the book lend themselves to a well-organised and comprehensive analysis of the proceedings. * Gregory S Gordon, Melbourne Journal of International Law *The military courts working in Hong Kong between 1946 and 1948 sent out a message to the world that the rule of law should be based on reason and justice - and not on military force. That is why this collection of essays, examining the legal framework of those trials, remains of contemporary relevance. As Suzannah Linton observes, this is not just a question of compelling Japan to address the crimes that its army committed within living memory throughout Asia. It remains a critical issue because the punishment of war crimes is of continuing importance to the human race. * David Blake Knox, Dublin Review of Books *These authors' insights reflect their different disciplines and professional experiences. Although the assembled essays are meant chiefly for readers with an interest in international criminal law and procedure, historians of the aftermath of the Second World War will find that they throw light on a neglected area of their subject ... the book's thematic approach to studying the Hong Kong trials ensures that it will be of great interest to both historians and legal scholars ... It is an extremely useful addition to our growing understanding of the "B" and "C" class war crimes trials held after the Pacific War. * Georgina Fitzpatrick, Michigan War Studies Review *The book offers a clear, authoritative and comprehensive introduction to the subject of Hong Kong's War Crimes Trials. Although, such a book has been long awaited by scholars and practitioners, it can be noted that it was worth waiting for. The editor and contributors have invested a lot of research, time and patience in preparing the book. As a result, their efforts are worthwhile and make the book a very interesting read. In this way, the book is clearly a step forward and an original, valuable and authoritative contribution in the area of domestic prosecutions of war crimes...what is more, the book's editor should be commended for establishing an online database which includes scans of Hong Kong's War Crimes Database. * Professor Jernej Letnar Cernic, DIGNITAS *Table of ContentsForeword ; Foreword ; 1. Introduction ; 2. Major Murray Ormsby: Prosecutor and Judge of the Hong Kong Military Courts 1946-1948 ; 3. Trial Procedure at the British Military Courts, Hong Kong, 1946-1948 ; 4. The Prisoner of War Camp Trials ; 5. War Crimes ; 6. On Being "Concerned" in a Crime: Embryonic Joint Criminal Enterprise ; 7. The Plea of Superior Orders in the Hong Kong Trials ; 8. Concluding Analysis

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Book SynopsisThis book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court''s jurisprudence. The informal development of international law through the Court''s judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht''s influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.Trade ReviewBrings to light the judicial influence of the International Court of Justice on the development of international law...the findings will surely be important outside academic circles as well as inside them. Laurence Boisson de Chazournes, The American Journal of International Law The two editors and their collaborating authors, in conjunction with OUP, have succeeded in producing a book that is as up-to-date with the Court's decisions so far as is ever possible ... This collection is highly recommended reading, and not merely for those whose interest is concentrated on the ICJ; it will provide generalists also with a vivid tour d'horizon of current movements in international law from the viewpoint of The Hague. Hugh Thirlway, The British Yearbook of International LawTable of Contents1. Introduction ; 2. The ICJ as an Agent of Legal Development? ; 3. The ICJ and the Law of Treaties ; 4. The ICJ and the Law of State Responsibility ; 5. The ICJ and Diplomatic Protection ; 6. The ICJ and the Institutional Law of the United Nations ; 7. The ICJ and the Law of Territory ; 8. The ICJ and the Jus ad Bellum ; 9. The ICJ and the Law of the Sea ; 10. The ICJ and Human Rights ; 11. The ICJ and International Humanitarian Law ; 12. The ICJ and International Environmental Law ; 13. The ICJ and Rights of Peoples and Minorities ; 14. The ICJ and the Law of Immunities ; 15. The Development of International Law by the International Court of Justice Revisiting Hersch Lauterpacht's Assumptions

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Book SynopsisOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, needs to know wTable of ContentsPART 1: BACKGROUND; PART 2: THE NINE BASIC PRINCIPLES; PART 3: CONCLUDING REMARKS

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Book SynopsisA timely investigation into the conditions that make international agreementsand the institutions that enforce themvulnerable. When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver resultsbut they are only effective under certain conditions. As Peritz shows, states are less likely to comply with international rules and international court decisions when domestic industries have the political ability to obstruct compliance in particular cases. The author evaluates the argument with an extensive empirical analysis that traces the domestic politics of compliTrade Review"As the trade regime struggles with trade wars and Europe confronts exit and rebellion among members, Peritz offers an insightful look at the politics of compliance. Careful analysis of legal rulings and policy reforms by the World Trade Organization and European Court of Justice reveals how domestic politics shapes outcomes. Both those who believe in the power of international law and those skeptical of its promises will find that the theory and evidence of this compelling new book offer fresh perspectives." -- Christina Davis, Harvard University“Peritz’s insightful and rigorous work provides both good and bad news for those who support the use of international courts to promote economic liberalization. She shows, through the examination of both policy and economic outcomes, that reluctant governments often do change policies in the face of adverse decisions from the WTO or the ECJ. However, she also shows that these policy changes are at times blocked by domestic veto players, who are able to lock in favored policies that violate international commitments. Her work provides additional understanding of the backlash against legalization, and provides concrete suggestions for a path forwards.” -- Lisa Martin, University of Wisconsin-Madison“International economic integration is increasingly on the ropes. How do domestic politics and international courts impose limits on international cooperation? On that question, Peritz’s Delivering on Promises delivers.” -- Chad P. Bown, Peterson Institute for International Economics“At a time when international institutions are under siege, Delivering on Promises provides compelling new evidence that they matter. Through careful empirical analysis, Peritz demonstrates that international courts can induce governments to follow even rules they clearly wish to break. How successfully they do this, however, depends on systematic and observable features of domestic politics. Engaging and meticulously researched, Delivering on Promises sheds new light on how domestic and international pressures interact to shape the rules of the global political economy.” -- Daniel Yuichi Kono, University of California, DavisTable of ContentsChapter 1 International Adjudication, Stakeholders, and Domestic Divisions Chapter 2 A Theory of International Courts, Compliance, and Domestic Veto Players Chapter 3 The Design and Operation of Two International Courts Chapter 4 Policy Compliance in WTO Disputes Chapter 5 Trade Cooperation in WTO Disputes Chapter 6 The ECJ and Domestic Constraints on the Single Market Chapter 7 Reshaping International Economic Courts Acknowledgments A1 Appendix for Chapter 4 A2 Appendix for Chapter 5 A3 Appendix for Chapter 6 Notes References Index

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Book SynopsisTrade Review"As the trade regime struggles with trade wars and Europe confronts exit and rebellion among members, Peritz offers an insightful look at the politics of compliance. Careful analysis of legal rulings and policy reforms by the World Trade Organization and European Court of Justice reveals how domestic politics shapes outcomes. Both those who believe in the power of international law and those skeptical of its promises will find that the theory and evidence of this compelling new book offer fresh perspectives." -- Christina Davis, Harvard University“Peritz’s insightful and rigorous work provides both good and bad news for those who support the use of international courts to promote economic liberalization. She shows, through the examination of both policy and economic outcomes, that reluctant governments often do change policies in the face of adverse decisions from the WTO or the ECJ. However, she also shows that these policy changes are at times blocked by domestic veto players, who are able to lock in favored policies that violate international commitments. Her work provides additional understanding of the backlash against legalization, and provides concrete suggestions for a path forwards.” -- Lisa Martin, University of Wisconsin-Madison“International economic integration is increasingly on the ropes. How do domestic politics and international courts impose limits on international cooperation? On that question, Peritz’s Delivering on Promises delivers.” -- Chad P. Bown, Peterson Institute for International Economics“At a time when international institutions are under siege, Delivering on Promises provides compelling new evidence that they matter. Through careful empirical analysis, Peritz demonstrates that international courts can induce governments to follow even rules they clearly wish to break. How successfully they do this, however, depends on systematic and observable features of domestic politics. Engaging and meticulously researched, Delivering on Promises sheds new light on how domestic and international pressures interact to shape the rules of the global political economy.” -- Daniel Yuichi Kono, University of California, DavisTable of ContentsChapter 1 International Adjudication, Stakeholders, and Domestic Divisions Chapter 2 A Theory of International Courts, Compliance, and Domestic Veto Players Chapter 3 The Design and Operation of Two International Courts Chapter 4 Policy Compliance in WTO Disputes Chapter 5 Trade Cooperation in WTO Disputes Chapter 6 The ECJ and Domestic Constraints on the Single Market Chapter 7 Reshaping International Economic Courts Acknowledgments A1 Appendix for Chapter 4 A2 Appendix for Chapter 5 A3 Appendix for Chapter 6 Notes References Index

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Book SynopsisIn order to understand the meaning of justice, James David Meernik and Kimi Lynn King studied the perspective of witnesses who have testified before the International Criminal Tribunal for the Former Yugoslavia (ICTY). Using a unique survey, Meernik and King look at the identity of the victims and their perception of the fairness of ICTY.Trade ReviewAccessible and engrossing, Judging Justice is a must-read."" - Matthew Weinert, University of Delaware""The analysis of the data and of each hypothesis is detailed, nuanced, careful, thoughtful and persuasive . . . This book contributes to a richer understanding of the perceptions and experiences of victim/witnesses."" - Alex Whiting, Harvard University

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Book SynopsisThe Articles mark a major step in international law, defining breaches of international law and the consequences of such breaches. Including a full introduction, the text of the Articles and commentary, plus guide to the legislative history, this will be an indispensable accompaniment to the ILC's work on this topic.Trade Review'… after 50 years of effort, the completion of the ILC's project represents a significant and necessary … step toward the advancement of a developed system of the international rule of law, and the contribution of James Crawford providing the final impetus is to be welcomed.' Netherlands Quarterly of Human RightsTable of ContentsPreface; Note on sources and style; List of abbreviations; Table of cases; Introduction; Responsibility of States for Internationally Wrongful Acts: Part I. The Internationally Wrongful Act of a State: 1. General principles; 2. Attribution of conduct to a state; 3. Breach of an international obligation; 4. Responsibility of a state in connection with the act of another state; 5. Circumstances precluding wrongfulness; Part II. Content of the International Responsibility of a State: 6. General principles; 7. Reparation for injury; 8. Serious breaches of obligations under peremptory norms of general international law; Part III. The Implementation of the International Responsibility of a State: 9. Invocation of the responsibility of a state; 10. Countermeasures; Part IV. General Provisions; Appendix 1: drafting history; Appendix 2: Draft articles on state responsibility provisionally adopted by the International Law Commission on first reading (1996); Appendix 3: table of equivalent articles; Select bibliography; Index.

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Book SynopsisIf the general principles of law are not to run the risk of being exploited as an ideological cloak for self-interest, their scope and substance must be clearly defined and understood. Here, Cheng aims to inquire into the practical application of these principles by international courts and tribunals.Trade Review'This is a large and methodical study of those decisions and dicta of international tribunals which disclose 'the general principles of law recognised by civilised nations' enshrined in Article 38 (1) (c) of the International Court's Statute … Dr. Cheng has joined wide research to great good sense and lucidity of study, and it is a safe prediction that this book will become a standard.' International and Comparative Law Quarterly'In this remarkable book, Dr. Bin Cheng analyses article 38(1)(c) of the Statute of the International of Justice. His purpose is not to ascertain what the general principles of law recognized by civilized nations ought to be theoretically but rather 'to determine what they are in substance and the manner in which they have been applied by international tribunals.' … It removes much of the woolliness surrounding the phrase 'general principles of law'; it opens up a rich mine of relatively unexplored material; and its enumeration of the practical application of those general principles henceforth cannot be ignored by any international lawyer. … In the introductory and concluding pages Dr. Cheng gives free reign (with just cause) to his theoretical inclinations … The importance of these conclusions, supported as they are by a wealth of international authority, is obvious. Dr. Cheng clearly has given new meaning to the findings of the other publicists such as Corbett, Fisher Williams, Lauterpacht, and even (on a different level) Cahn. Further, it will be noticed that he has taken Dr. Schwarzenberger's operative hierarchy of sources one step back and then reversed it … this book breaks new ground. There is something here for the international, comparative, and municipal lawyer as well as for the students of jurisprudence. Every serious reader will find Dr. Cheng's analysis not merely useful but indeed intellectually exciting.' University of Toronto Law Journal'Dr. Cheng's book deserves close study by and appreciation of all those concerned with the application of rules of international law … Dr. Cheng's work is an important and fully mature contribution to the literature of international law … he has performed a service by bringing together with these pages a mass of useful and otherwise not readily available material.' British Yearbook of International Law'This book is an important and timely contribution to the literature on international law. The author's knowledge of international jurisprudence, his wide reading, his patient analysis of the relevant material, and his lucid writing, command one's admiration.' International Affairs'This is a most valuable reference work for practitioners in international tribunals and diplomatic offices.' Australian Law Journal'That he [the author] merits the gratitude of every practitioner in the field of public international law, and also in other fields, will be very obvious to anybody who has had an opportunity of resorting to this book for the purpose of finding the answer to a practical problem … excellent indexes enable the user to find quickly enough what he wants and make this book extremely serviceable … Dr. Cheng's research has been most exhaustive, his documentation is excellent, his presentation clear and concise and confined throughout to the points which really matter … There can be no doubt that this work constitutes the most important contribution made so far to the proper understanding of Article 38 (3) of the Statute. It is also a working tool which should not be missed by any practitioner in the field of public international law, and by none of those who practise in those international courts.' The Law Quarterly Review'Certain features of Dr. Cheng's study are altogether outstanding: the thoroughness of research, the clarity of arrangement, the economy of expression, the accuracy of reference and, most commendable of all, the integrity of conclusion. At no point is one disturbed by the pleading of an untenable cause, nor is the material distorted by a disregard for the virtue of relevancy … Occasions will continue to be rare when research projects are completed with greater competence than is displayed by the author in this unusually useful study.' The Canadian Bar Review'The last section [on general principles of law in judicial proceedings] … illustrates the wealth of legal experience and judicial tradition which has been, almost unconsciously at times, embodied by tribunals in their development of international procedure. The result is not a hotch-potch of municipal rules culled from different systems: it is a universal and hence truly international procedural grammar. … This is an admirable, balanced and most scholarly monograph, and Dr. Cheng is to be congratulated on having made an important contribution to the study of international law. But even the common lawyer, who is not primarily concerned with international law, can read this book with pleasure and profit. The SolicitorTable of ContentsForeword Georg Schwarzenberger; Preface; Tables; Abbreviations; Introduction; Part I. The Principle of Self-Preservation: Introductory; 1. Territorial application of the principle; 2. External application of the principle; Part II. The Principle of Good Faith: Introductory; 3. Good faith in treaty relations; 4. Good faith in the exercise of rights (the theory of abuse of rights); 5. Other applications of the principle; Part III. General Principles of Law in the Concept of Responsibility: 6. General notions; 7. The principle of individual responsibility; 8. The principle of fault; 9. The principle of integral reparation; 10. The principle of proximate causality; Part IV. General Principles of Law in Judicial Proceedings: Introductory; 11. Jurisdiction; 12. Power to determine the extent of jurisdiction (compétence de la compétence); 13. Nemo debet esse judex in propria sua causa; 14. Audiatur et altera pars; 15. Jura novit curia; 16. Proof and burden of proof; 17. The principle of res judicata; 18. Extinctive prescription; Conclusions; Appendices; Index.

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Book SynopsisShows how competing interpretations of sovereignty and human rights and the different visions of world order that they imply fed into the transatlantic debate over the ICC and transformed this debate into a conflict over the normative foundations of international society -- .Table of ContentsList of tablesAcknowledgements List of abbreviations 1. Introduction2. The configuration of sovereignty and human rights3. The legalistic discourse4. The interventionist discourse5. The sovereigntist discourse6. The progressivist discourse7. ConclusionAppendixReferencesIndex

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Book SynopsisCritical account of the international war crimes movement. 'Exciting, original and completely convincing.' Edward HermanTrade Review'Exciting, original, and completely convincing. This book is essential reading for anybody who wants to understand how the law really works in international affairs, and it throws a great deal of light on those international affairs themselves' -- Edward S. Herman'This closely reasoned and carefully documented study is sad and grim, and necessary. Unless its lessons are heeded by citizens of the rich and powerful states, the fate of the world will be left to the whim of those with the guns and the faith to enforce their will. The prospects are not attractive' -- Noam ChomskyTable of ContentsPART I: ILLEGAL WARS / COLLATERAL DAMAGE 1. Iraq 2003 2. Afghanistan 2001 3. Kosovo 1999 PART II: CRIMES AGAINST HUMANITY 4. The War Crimes Tribunal 5. The Trial of Milosevic 6. America Gets Away with Murder 7. Rounding up the Usual Suspects while America Gets Away with Murder

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Book SynopsisIn fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.Table of Contents1. Shaping rights: the role of the European Court of Human Rights in defining fundamental rights Janneke Gerards and Eva Brems; Part I. Conceptual, Structural and Constitutional Issues Relating to the Scope of Rights: 2. Between the will of the contracting parties and the needs of today: extending the scope of Convention rights and freedoms beyond what could have been foreseen by the drafters of the ECHR Alastair Mowbray; 3. The scope and balancing of rights: diagnostic or constitutive? George Letsas; 4. Interpreting the protection guaranteed by two-stage rights in the European Convention on Human Rights: the case for wide interpretation Gerhard van der Schyff; 5. The scope of ECHR rights and institutional concerns: the relationship between proliferation of rights and the caseload of the ECtHR Janneke Gerards; Part II. Scope and More: Developments in the Case-Law of the ECtHR: 6. Defining the scope of economic and social guarantees in the case-law of the ECtHR Ingrid Leijten; 7. Procedural protection: an examination of procedural safeguards read into substantive Convention rights Eva Brems; 8. The scope of rights and the scope of obligations: positive obligations Laurens Lavrysen; 9. Contested contours: the limits of freedom of expression from an abuse of rights perspective: Articles 10 and 17 ECHR Antoine Buyse; Part III. 360° Comparison: 10. Bottom-up shaping of rights: how the scope of human rights at the national level impacts upon Convention rights Eirik Bjorge; 11. Old and new human rights in Europe: the scope of EU rights versus that of ECHR rights Xavier Groussot and Eduardo Gill-Pedro; 12. European human rights as universal rights: in defence of a holistic understanding of human rights Martin Scheinin; Part IV. A Closer Look at Specific Rights: 13. The 'absolute' prohibition of torture and inhuman or degrading treatment in Article 3 ECHR: truly a question of scope only? Stijn Smet; 14. The right to a fair trial and its multiple manifestations: Article 6 § 1 ECHR Paul Lemmens; 15. How the right to respect for private and family life, home and correspondence became the nursery in which new rights are born: Article 8 ECHR Maris Burbergs; 16. Discrimination as a magnifying lens: scope and ambit under Article 14 and Protocol No. 12 Oddný Mjöll Arnardóttir.

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Book SynopsisIn order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.Trade Review'Kanstantsin Dzehtsiarou's book presents the first comprehensive treatise of consensus as used by the European Court of Human Rights … Dzehtsiarou deserves praise for this book. It discusses comprehensively a question hitherto often overlooked and opens up novel insights into 'all things consensus'. The combination of socio-legal method with the doctrinal method work[s] exceptionally well and should encourage future research along these lines.' Tobias Lock, Human Rights Law Review'The book is thoroughly researched, it presents its core ideas with lucidity and, most importantly, it takes a very clear stance in favour of a rather controversial method of interpretation, used as it is in the highly sensitive and politicized area of human rights law in Europe … In short, this book is a major achievement in the study of this important subject.' Vassilis Tzevelekos and Panos Kapotas, Common Market Law Review'Dzehtsiarou's analysis of The Court's use of a European consensus argument to generate legitimacy is well-balanced in terms of presenting both supporting and dissenting arguments. He confronts anti-majoritarians head on, arguing for example that the normative grounding of the European consensus idea in majoritarian logic has not prevented The Court from deploting it in defense of a wide range of minority groups - religious, ethnic, and linguistic.' Stephen C. Ropp, Human Rights ReviewTable of Contents1. Introduction; 2. The concept of European consensus; 3. Types of consensus; 4. Behind the scenes: comparative analysis within the Court; 5. Criticism of European consensus; 6. Legitimacy of the Court and legitimacy of its judgments; 7. European consensus: perceptions of the ECtHR judges; 8. Conclusion.

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Book SynopsisKamari Maxine Clarke explores the African Union's pushback against the International Criminal Court in order to theorize affect's role in shaping forms of justice.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a signifi­cant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337

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Book SynopsisSince its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.Trade Review“At its creation, many African countries embraced the International Criminal Court, but subsequent events produced substantial African opposition. This important and insightful book, based on extensive ethnographic research, explores the court and how Africans feel about it. Some see the International Criminal Court as a beacon of hope while others see it as a legacy of colonialism. The book focuses on how affects such as a desire for justice through law and the anger at the plunder of resources shape international justice itself.” -- Sally Engle Merry, Silver Professor, New York University“Affective Justice is set against the background of worldwide disappointments in the performance of the International Criminal Court arising from its prosecutorial incongruences. Kamari Maxine Clarke offers a phenomenology of justice and an anthropology of judicial practices as negotiated assemblages of sentiments of participants of unequal power, judicial competence, and material means as foundations of the institutions of justice. The book captures the complexity of evolving African attitudes toward the ICC like no book before it. A must-read for anyone interested in the future of international justice!” -- Siba N'Zatioula Grovogui, Cornell University"Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power." -- Mark Goodale * Opinio Juris *“In Affective Justice, Clarke innovatively explores the making of international criminal justice from the standpoint of affects and emotions and, in doing so, offers an unprecedented and indispensable theorization of international criminal justice which—after reading this book—can simply not be ignored any longer.” -- Caroline Fournet * Law & Society Review *“Through an ethnographic interrogation of the predicament of identifying and reacting to acts of injustice in Africa (at different levels) and the politics of law, Clarke has provided a compelling read…. This book is strongly recommended to technocrats in the ICC itself and to academics and policy makers in Africa and the rest of the world.” -- Tapiwa Victor Warikandwa * Anthropology Southern Africa *“Affective Justice is a signifi­cant achievement in the anthropology of international law and a welcome addition to human rights and African studies. It should be, and I expect it to be, widely read and debated.” -- Niklas Hultin * Anthropological Quarterly *“Clarke’s groundbreaking new book comes out in the context of renewed debate about the International Criminal Court (ICC) and prospects for the global anti-impunity movement.... Affective Justice is a must read for those following these events and for anyone interested in international justice more broadly.” -- Casey McNeill * Law, Culture and the Humanities *Table of ContentsAcknowledgments ix Preface. Assemblages of Interconnection xvii Introduction. Formation, Dislocations, and Unravelings 1 Part I. Component Parks of the International Criminal Law Assemblage 47 1. Genealogies of Anti-impunity: Encapsulating Victims and Perpetrators 49 2. Founding Moments? Shaping Publics through Sentimental Narratives 91 3. Biomediation and the #BringBackOurGirls Campaign: Making Suffering Visible 116 4. From "Perpetrator" to Hero: Renarrating Culpability through Reattribution 140 Part II. Affects, Emotional Regimes, and the Reattribution of International Law 175 5. Reattribution through the Making of an African Criminal Court 177 6. Reattributing the Irrelevance of the Official Capacity Movement as an Affective Practice 217 Epilogue. Toward an Anthropology of International Justice 257 Notes 267 Bibliography 309 Index 337

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Book SynopsisOn August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity.While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law Trade ReviewRudolph challenges the assumption that states' interests are obstructive to the institutionalization of international criminal justice, and shows how principles and power are independent.... The book's research design makes the theory and empirical evidence accessible and useful to a broad range of scholars. * Perspectives on Politics *Rudolph's book is a welcome contribution to the body of literature that has left the partisan debates about constructivism versus rationalism behind and instead focuses on the exploration of their concrete interaction in producing observable outcomes. * Human Rights Review *This excellent study makes an invaluable contribution to the literature on international organizations.... The book has an excellent review of the literature explaining the creation of the [International Criminal Court], and it examines the role of interests defined in terms of power in shaping its institutional design.... A pathbreaking volume. * Choice *Table of ContentsPrologue Introduction: The Light of Justice1. Power and Principle from Nuremberg to the Hague2. Nested Interests and the Institutional Design of the International Criminal Court3. Explaining the Outliers: Domestic Politics and National Interests4. Power, Principle, and Pragmatism in Prosecutorial StrategyConclusion: Between Power and Principle

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Book SynopsisWhen the European Court of Justice and the Court of First Instance drafts its own procedural rules, and when it makes decisions on procedural matters, it turns to the highly regarded Lasok's European Court Practice and Procedure for confirmation and guidance. Fully revised and updated the fourth edition: 1. Explains the implications of Brexit and the residual jurisdiction of the ECJ in relation to the UK under the Withdrawal Agreement. 2. Takes account of and provide in-depth analysis of all case law since the previous edition. 3. Provides guidance on the new General Court Rules of Procedure. 4. Provides new commentary on the Judges and Advocates General caused by Brexit and the current ongoing litigation concerning Advocate General Sharpston. 5. Includes additional commentary on the confidentiality regime for cases raising security concerns. Written by the internationally acknowledged expert in this area of law Lasok's European Court Practice and Procedure is the leading and must have work for anyone preparing a case to be heard before the European Court of Justice. This title is included in Bloomsbury Professional's Practice and Procedure online service.Table of ContentsChapter 1 Judicial institutions and bodies Chapter 2 General outline of procedure Chapter 3 Parties Chapter 4 Representation and legal aid Chapter 5 Intervention Chapter 6 Procedural issues Chapter 7 Admissibility Chapter 8 Interim relief Chapter 9 Pleading Chapter 10 Evidence Chapter 11 Measures of enquiry Chapter 12 Exclusion of evidence Chapter 13 Rules of evidence Chapter 14 Costs Chapter 15 Appeals and review procedures Chapter 16 Judgments and decisions of the Court Chapter 17 Forms of action Appendices

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Book SynopsisThe International Criminal Court (ICC) is the first global permanent international court with jurisdiction to prosecute individuals for ''the most serious crimes of concern to the international community''. The United Nations, many human rights organisations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the US obligations under the treaty. At the same time, however, the Administration has stressed that the United States shares the goals of the ICC''s supporters-promotion of the rule of law- and does not intend to take any action to undermine the ICC. The primary objection given by the US in opposition to the treaty is the ICC''s possible assertion of the jurisdiction over US soldiers charged with ''war crimes'' resulting from legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy aimed at preventing the ICC from becoming effective or whether to continue contributing to the development of the ICC in order to improve it. This book provides a historical background of the negotiations for the Rome Statute, outlines the structure of the International Criminal Court (ICC) as contained in the final Statute, and describes the jurisdiction of the ICC. The book further identifies the specific crimes enumerated in the Rome Statute as supplemented by the draft elements of crime. A discussion of procedural safeguards follows, including reference to the draft procedural rules. The book then goes on to discuss the implications for the United States as a non-ratifying country when the ICC comes into being, and outlines some legislation enacted and proposed to regulate US relations with the ICC.

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Book SynopsisThis book provides synopses of Supreme Court decisions issued from the October 2000 through October 2004 terms with a focus on providing a quick reference guide for identification of cases of interest. Included are all cases decided by signed opinion and selected cases decided per curiam. Not included are other cases receiving summary disposition and the many cases in which the Court denied review. Each synopsis contains a summary of the Court''s holding, and most contain a brief statement of the Court''s rationale. Following each synopsis, the vote on the Court''s holding is indicated in bold typeface, and authors of the Court''s opinion and of any concurring and dissenting opinions, along with Justices who joined those opinions, are identified. Cases are listed alphabetically, and a subject index is appended.

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Book Synopsis“A masterly work of military and judicial history.” —New York Times. Telford Taylor’s book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century.In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany.This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he “saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them.” Table of Contents:1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff—High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: “Murderers’ Row” 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants’ Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.

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Book SynopsisThis book analyses recent Supreme Court decisions and their implications. Legislative decisions examined include: sex discrimination developments; retroactivity and the Good-Faith exception to the exclusionary rule; warrantless, police-triggered exigent searches; official immunity and material witnesses before the Supreme Court; the Confrontation Clause after Michigan v. Bryant and Bullcoming v. New Mexico; federal pre-emption of state tort law regarding medical devices with FDA premarket approval; an overview of the National Childhood Vaccine Injury Act; implications for innovation policy in Microsoft v. i4i: duty to disclose shareholders in Matrixx Initiatives v. Siracusano; the Supreme Court''s pre-enforcement review of the Clean Water Act; and judicial and legislative developments in the Law of Deinstitutionalization.

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Book SynopsisThe United States Constitution established only one federal court -- the United States Supreme Court. Beyond this, Article III of the Constitution left it to the discretion of Congress to "ordain and establish" lower federal courts to conduct the judicial business of the federal government. From the very first, Congress established a host of different federal tribunals to adjudicate a variety of legal disputes. The two central types of federal "courts" -- courts established under Article III and those tribunals that are not -- differ in many respects, including with regard to their personnel, purposes, and powers. This book discusses the use of congressional power to create federal courts. It also examines ongoing congressional interest in select characteristics of lower federal court judges.

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Book SynopsisThe monograph lists the cases at the international court of the two British judges who were members of the Permanent Court of International Justice, and the five British judges who were members of the International Court of Justice (ICJ), together with a short biography of each and a sample of his/her writing. Then, academic works and the separate and dissenting opinions at the ICJ of Judge Sir Arnold McNair and Judge Sir Hersch Lauterpacht are reviewed. Finally, an attempt is made to find their common ground.Table of ContentsList of Tables; Preface; List of Abbreviations; From Huber to Higgins: The Advent of a Monograph; British Judges of the International Court: 1922 to 2018; Baron Arnold McNair; Sir Hersch Lauterpacht: Life and Scholarship; Sir Hersch Lauterpacht: The Development of International Law at the International Court of Justice; Sir Hersch Lauterpacht: Separate and Dissenting Opinions; References; Bibliography; Index.

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Book SynopsisSince the establishment of the Permanent Court of Arbitration for international dispute resolution in 1899, the number of international courts and tribunals has multiplied and the reach of their jurisdiction has steadily expanded. By providing a synthetic overview and critical analysis of these developments from multiple perspectives, this Research Handbook both contextualizes and stimulates future research and practice in this rapidly developing field. Made up of specially commissioned chapters by leading and emerging scholars, the book takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the main issues, debates and controversies related to the growth of international courts and tribunals. Its review of influential international judgements traverses the areas of international peace and security law, international human rights law, international criminal law, and international economic law, while also including critical reflection by practitioners. This nuanced review of the latest thinking on scholarly debates and controversies in international courts and tribunals will be both a key resource for academic researchers and a concise introduction to the subject for post-graduate students. Its chapters also contain topics of practical relevance to lawyers and international decision-makers.Contributors include: A.M. Barreto, J. Chylinski, T. Dannenbaum, W. Elmaalul, M. Farrell, K. Gibson, J. Jones QC, M.G. Karnavas, M.M. Mbengue, Y. Mcdermott Rees, L. Obregón, K. Oellers-Frahm, R.F. Oppong, G. Pecorella, M. Pinto, J. Powderly, Y. Ronen, L.E. Salles, W.A. Schabas, D. Shelton, N. Strapatsas, M. Taylor, M. VarakiTrade Review‘This book serves newcomers to the field of international courts and tribunals well in the sense that it covers a wide variety of (traditional) topics from fresh angles that are necessary for a today’s broad-minded student to consider.’ -- Tuomas Tiittala, Finnish Yearbook of International Law‘The edited volume International Courts and Tribunals by William Schabas and Shannonbrooke Murphy offers a timely and well-researched overview of the growing jurisdiction of legal institutions in international relations. . . Overall, Schabas and Murphy’s volume constitutes a promising first step into socio-legal scholarship that will provide a deeper understanding of the dynamic between international legal institution, jurisprudence and normative dissemination of knowledge. Their exemplary collaborative effort is an inspirational resource not only for legal scholars, but for students in a variety of disciplines, including political science, sociology and anthropology. Academics as well as practitioners will find this valuable, educational handbook a great source of original, innovative perspectives, which will help shape and reframe scholarly debates in the field.' -- European Review of International StudiesTable of ContentsContents: Introduction by William A Schabas PART I THE JUDGMENTS AND THE JUDGES 1. The Peace and Security Judgments: The Role of the International Court of Justice in the Regulation of the Use of Force Mónica Pinto 2. The Human Rights Judgments: The Jurisprudence of Regional Human Rights Tribunals – Lex Specialis or Lex Regionis? Dinah Shelton 3. The International Criminal Judgments: From Nuremberg to Tadić to Taylor Nicolaos Strapatsas 4. The Economic Judgments and Arbitral Awards: The Contribution of International Courts and Tribunals to the Development of International Economic Law Makane Moïses Mbengue 5. The Women Judges: Leading the Line in the Development of International Law Joseph Powderly and Jacob Chylinski 6. The Third World Judges: Neutrality, Bias or Activism at the Permanent Court of International Justice and International Court of Justice? Liliana Obregón 7. The Giants of the International Judiciary: Towards a Humanization of the Law of Nations Giulia Pecorella PART II THE CONTROVERSIES AND THE CHALLENGES 8. Legitimacy Yvonne Mcdermott Rees and Wedad Elmaalul 9. Jurisdiction Luiz Eduardo Salles 10. Enforcement Richard Frimpong Oppong and Angela M. Barreto 11. Proliferation Karin Oellers-Frahm 12. Distribution Michelle Farrell 13. Regulation of the International Bench Tom Dannenbaum 14. Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals Kate Gibson, John RWD Jones QC, Michael G. Karnavas and Melinda Taylor 15. Infrastructure Maria Varaki 16. Functions and Access Yaël Ronen Index

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Book SynopsisThe first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant and successful court.The Companion offers an objective account of how the ICJ came into being, the general principles on which it was founded, and how it functions today. It addresses certain fundamental aspects of the Court, such as its jurisdiction, structure and jurisprudence, as well as its role in the wider world. The Companion gives a human flavor to the institution through the portraits of some of the great figures that have served as its judges.Written in a lucid and clear manner, the Companion will appeal to all those interested in learning more about the work of the principal judicial body of the United Nations.Contents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court - Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) IndexTrade Review‘It is a must for law and academic libraries supporting international law programs and will prove useful to students, academics and practitioners of public international law.’ -- David Ettinger, Reference ReviewsTable of ContentsContents: I. The Idea and the Creation of an International Court 2. From the Permanent Court of International Justice to the International Court of Justice 3. Institutional Background of the Court 4. The ICJ and Other Tribunals in The Hague 5. The UN Charter, the ICJ Statute, the Rules of Court and the Practice Directions 6. The Composition of the Court 7. The Judges of the Court – Some Portraits 8. The Registry 9. The Contentious Jurisdiction of the Court and the Admissibility of Claims 10. The Great Principles of the Law of the ICJ 11. The Advisory Proceedings 12. The Procedure and Process 14. Conclusion and Outlook Judgments, Advisory opinions and Orders rendered by the ICJ (by chronological order) Index

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Book SynopsisBeginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.With an original introduction by Professor Schabas, this important volume will be of interest to students, academics and professionals with an interest in international courts and tribunals.31 articles, dating from 1935 to 2012Contributors include: C. Brown, D. Caron, A. Cassese, E. Decaux, L. Helfer, N. Klein, M. Lachs, M. Nowak, Y. Shany, F. ViljoenTable of ContentsContents: Acknowledgements Introduction William A. Schabas PART I PIONEERS OF INTERNATIONAL JUSTICE 1. Åke Hammarskjöld (1935), ‘The Permanent Court of International Justice and the Development of International Law’ 2. Georg Schwarzenberger (1947), ‘The Judgment of Nuremberg’ 3. Manfred Lachs (1983), ‘Some Reflections on the Contribution of the International Court of Justice to the Development of International Law’ 4. Tjaco T. Van Den Hout (2008), ‘Resolution of International Disputes: The Role of the Permanent Court of Arbitration – Reflections on the Centenary of the 1907 Convention for the Pacific Settlement of International Disputes’ PART II THEORETICAL MATTERS 5. Laurence R. Helfer and Anne-Marie Slaughter (2005), ‘Why States Create International Tribunals: A Response to Professors Posner and Yoo’ 6. Gilbert Guillaume (1995), ‘The Future of International Judicial Institutions’ 7. Yuval Shany (2009), ‘No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary’ 8. Cesare P.R. Romano (2007), ‘The Shift from the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent’ PART III FRAGMENTATION? 9. Gerhard Hafner (2004), ‘Pros and Cons Ensuing from Fragmentation of International Law’ 10. Pierre-Marie Dupuy (1999), ‘The Danger of Fragmentation or Unification of the International Legal System and the International Court of Justice’ 11. Ruti Teitel and Robert Howse (2009), ‘Cross-Judging: Tribunalization in a Fragmented but Interconnected Global Order’ 12. Emmanuel Decaux (2011), ‘The Place of Human Rights Courts and International Criminal Courts in the International System’ 13. Chester Brown (2002), ‘The Proliferation of International Courts and Tribunals: Finding Your Way Through the Maze’ 14. Sonia Morano-Foadi and Stelios Andreadakis (2011), ‘The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence’ PART IV RELATIONSHIPS 15. Dinah Shelton (2009), ‘Form, Function, and the Powers of International Courts’ 16. Antonio Cassese (2007), ‘The Nicaragua and Tadić Tests Revisited in Light of the ICJ Judgment on Genocide in Bosnia’ 17. J.G. Merrills (2007), ‘The Mosaic of International Dispute Settlement Procedures: Complementary or Contradictory?’ 18. Rosalyn Higgins (2003), ‘The ICJ, the ECJ, and the Integrity of International Law’ PART V CONTEMPORARY INSTITUTIONS 19. David D. Caron (1990), ‘The Nature of the Iran-United States Claims Tribunal and the Evolving Structure of International Dispute Resolution’ 20. Nadia Bernaz (2012), ‘Delivering Justice in the Caribbean: A Human Rights Assessment of the Caribbean Court of Justice’ 21. Natalie Klein (2004), ‘State Responsibility for International Humanitarian Law Violations and the Work of the Eritrea Ethiopia Claims Commission So Far’ 22. Robin C.A. White and Iris Boussiakou (2009), ‘Voices from the European Court of Human Rights’ 23. Rüdiger Wolfrum (2008), ‘The Settlement of Disputes before the International Tribunal for the Law of the Sea: A Progressive Development of International Law or Relying on Traditional Mechanisms?’ 24. William J. Davey (2005), ‘The WTO Dispute Settlement System: The First Ten Years’ 25. Thomas E. Carbonneau (2003), ‘Arbitral Law-Making’ PART VI THE FUTURE 26. Laurence Boisson de Chazournes and Edouard Fromageau (2012), ‘Balancing the Scales: The World Bank Sanctions Process and Access to Remedies’ 27. William A. Schabas (2011), ‘The International Criminal Court at Ten’ 28. Frans Viljoen (2004), ‘A Human Rights Court for Africa, and Africans’ 29. Gina Bekker (2007), ‘The African Court on Human and Peoples' Rights: Safeguarding the Interests of African States’ 30. Manfred Nowak (2007), ‘The Need for a World Court of Human Rights’ 31. Antonio Cassese (2012), ‘The International Court of Justice: It is High Time to Restyle the Respected Old Lady’

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Book SynopsisThe system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts' Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations.The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States' practice, the Courts' jurisprudence and both Courts' relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system.This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora.Contents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court's Jurisdiction 11. Reconsidering the Optional Clause System IndexTable of ContentsContents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court’s Jurisdiction 11. Reconsidering the Optional Clause System Index

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Book SynopsisThis book offers a unique and essential combination of careful self-assessment of the achievements and challenges of international adjudication, in chapters written by scholars who are also members of the most prominent international courts, together with a rigorous and sober external analysis of the promise and limits of promoting the international rule of law through adjudication. The book provides the state of the art contemporary overview of the field and therefore is a must read for scholars, students and practitioners.'- Eyal Benvenisti, University of Cambridge, UK, Tel Aviv University, Israel and New York University, US'This is a timely, fascinating and challenging collection of essays by eminent jurists. The range of courts covered from the International Court of Justice, the International Criminal Court, the European Court of Human Rights to the Appellate Body of the WTO and the Special Tribunal for Lebanon demonstrates the reach of this work as well as the importance and timeliness of the subject-matter. The quality of the authors matches the significance of the topic. The problems as well as the steps forward are well explained. This book should be read.'- Malcolm N. Shaw QC, University of Cambridge and practising barrister at Essex Court Chambers, London, UK'A comprehensive overview, aptly written by eminent specialists of international courts, on a notion at once intriguing and important for international law. Rule of law - a concept of municipal constitutional law, essential for the modern conception of society, and yet such a delicate, but also developing, notion in the sometimes rough jurisprudence of nations.'- Robert Kolb, University of Geneva, SwitzerlandInternational and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels.With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies.In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.Contributors include: S. Brammertz, A.A.Cançado Trindade, K. Chan, A.-L. Chané, B. Concolino, P. Couvreur, G. De Baere, A. Follesdal, D. Fransen, P. Gautier, P. Lemmens, K. Lenaerts, P. Van den Bossche, H. Van Houtte, J. WoutersTrade Review‘This book offers a unique and essential combination of careful self-assessment of the achievements and challenges of international adjudication, in chapters written by scholars who are also members of the most prominent international courts, together with a rigorous and sober external analysis of the promise and limits of promoting the international rule of law through adjudication. The book provides the state of the art contemporary overview of the field and therefore is a must read for scholars, students and practitioners.’ -- Eyal Benvenisti, University of Cambridge, UK, Tel Aviv University, Israel and New York University, US‘This is a timely, fascinating and challenging collection of essays by eminent jurists. The range of courts covered from the International Court of Justice, the International Criminal Court, the European Court of Human Rights to the Appellate Body of the WTO and the Special Tribunal for Lebanon demonstrates the reach of this work as well as the importance and timeliness of the subject-matter. The quality of the authors matches the significance of the topic. The problems as well as the steps forward are well explained. This book should be read.’ -- Malcolm N. Shaw QC, University of Cambridge and practising barrister at Essex Court Chambers, London, UK‘A comprehensive overview, aptly written by eminent specialists of international courts, on a notion at once intriguing and important for international law. Rule of law – a concept of municipal constitutional law, essential for the modern conception of society, and yet such a delicate, but also developing, notion in the sometimes rough jurisprudence of nations.’ -- Robert Kolb, University of Geneva, Switzerland‘This is a major contribution to the literature on international courts. Prominent participants as well as acclaimed academics contribute their analysis and reflection on an important and hitherto somewhat neglected aspect, the rule of law. This dimension lies at the core of an expanding system of institutions that resembles a diverse mosaic, in contrast with the more coherent hierarchical arrangement of national courts. The unique features of the rule of law in this novel international environment are thoroughly explored here.’ -- William A. Schabas, Middlesex University, UKTable of ContentsContents: PART I THEORETICAL FRAMEWORK 1. Prologue: An Overview of the Contribution of International Tribunals to the Rule of Law Antônio Augusto Cançado Trindade 2. The Contribution of International and Supranational Courts to the Rule of Law: A Framework for Analysis Geert De Baere, Anna-Luise Chané and Jan Wouters PART II GLOBAL COURTS AND TRIBUNALS 3. The International Court of Justice Philippe Couvreur 4. Constructing the International Criminal Court’s Rule of Law Identity Kenneth Chan and Jan Wouters 5. The Appellate Body of the World Trade Organization Peter Van den Bossche 6. The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law Philippe Gautier PART III REGIONAL COURTS 7. The Contribution of the European Court of Human Rights to the Rule of Law Paul Lemmens 8. The Court of Justice as the Guarantor of the Rule of Law Within the European Union Koen Lenaerts PART IV TRIBUNALS PERTAINING TO PARTICULAR SITUATIONS 9. International Criminal Justice and the Rule of Law: The Experience of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Serge Brammertz 10. The Iran-United States Claims Tribunal and its Contribution to International Law Hans Van Houtte and Barbara Concolino 11. The Special Tribunal for Lebanon and the Rule of Law Daniel Fransen PART V EPILOGUE 12. Epilogue: Curb, Channel and Coordinate: The Constitutionalism of International Courts and Tribunals Andreas Follesdal Index

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Book SynopsisPeace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future. This book is a valuable resource for academics and students in international criminal law and practice, public international relations, political science, military and war studies.Table of ContentsContents 1. The Court as an Offspring of Centuries of Peace with Justice 2. The First Decades in the Fight Against Impunity by the Court and Unfounded Allegations of Bias Against Africa 3. Justice Did Not Duel Peace in the Alleged First Genocide of the 21st Century 4. Is it Peace, Justice, or a Final Military Solution in the Tragedy of Northern Uganda? 5. The ICC as a Catalyst for Sustainable Peace and New National Judicial Institutes 6. The Greatest Global Challenges Facing the Court: From Africa, Gaza, and Afghanistan to Dealing with the Hypocrisy of the UN Security Council Index

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Book SynopsisThe Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans.An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Holá, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. SmeulersTable of ContentsContents: Foreword by Navanethem Pillay Introduction Anne-Marie de Brouwer and Alette Smeulers PART I ESTABLISHMENT AND KEY FACTS AND FIGURES 1. The Creation of the ICTR Helen Hintjens 2. Rwanda and the ICTR: Facts and Figures Barbora Holá and Alette Smeulers PART II SUBSTANTIVE LAW 3. Genocide Payam Akhavan 4. Crimes Against Humanity Valerie Oosterveld 5. War Crimes Felix Mukwiza Ndahinda 6. Sexual Violence Anne-Marie de Brouwer and Usta Kaitesi 7. Individual Criminal Responsibility Kai Ambos and Stefanie Bock PART III PROCEDURAL LAW 8. Investigations and Case Selection Alex Odora-Obote 9. Arrest and Transfer Christophe Paulussen 10. Trial and Appeal Processes George William Mugwanya 11. The Evidentiary System Nancy Amoury Combs 12. The Rights of the Defence Caroline Buisman 13. The Rights of the Victims Rosette Muzigo-Morrison 14. Sentencing and Penalties Mark A. Drumbl PART IV ACHIEVEMENTS AND LESSONS LEARNED 15. The ICTR’s Elaboration of the Core International Crimes of Genocide, Crimes against Humanity and War Crimes and Modes of Liability Justice Hassan Bubacar Jallow 16. Contribution of the ICTR for Rwandans Francois-Xavier Nsanzuwera Index

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