International law: courts and procedures Books

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 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 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 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 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 SynopsisSince its establishment at the turn of the century, a central preoccupation of the International Criminal Court (ICC) has been to catalyse the pursuit of criminal accountability at the domestic level. Drawing on ten years of research, this book theorizes the ICC''s principle of complementarity as a transnational site and adaptive strategy for realizing an array of ambitious governance goals. Through a grounded, inter-disciplinary approach, it illustrates how complementarity came to be framed as a ''catalyst for compliance'' and its unexpected effects on the legal frameworks and institutions of three different ICC ''situation countries'' in Africa: Uganda, Kenya, and the Democratic Republic of Congo. Linking complementarity''s law and practice to contemporary debates in international law and relations, the book unsettles international law''s dominant progressive narrative. It urges a critical rethinking of the ICC''s politics and a reorientation towards international criminal justice as a project of global legal pluralism.Trade Review'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully, by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw: De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, Professor of Anthropology at the University of California, Los Angeles'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the book tests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription. More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Compliance offers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, Professor of International Law, American University'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global? Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints, De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecute international crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work on complementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, Associate Professor of International Law, University of Amsterdam'Justice is best done, where possible, at home. That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere. De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought. This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, Professor of International Politics, SOAS University of London'… De Vos manages to capture the political dimensions of prosecution efforts for serious crimes as few have done before him. His study is a fascinating account of how complementarity has taken on multiple identities over the last decade. It plunges us into the meander of internal … and external factors … that have successively influenced these multiple identities. The study reveals how each of these identities, in turn, influenced the behavior of actors involved in national prosecution efforts. The most original contribution of his study lies in the revelation of the versatility of complementarity … If complementarity allows the ICC to project its proverbial shadow, this book urges us to consider the source of its light.' Pascal Kambale, Senior Advisor, Africa Regional Office, Open Society Foundations'Complementarity, Catalysts, Compliance is a welcome and significant contribution to the literature on the International Criminal Court and international justice more broadly … it would be wise for practitioners of international justice to read [this book], draw on its lessons and insights, and direct their efforts accordingly.' Stephanie Williams, New York University Journal of International Law and Politics'… this beautifully written book offers its readers a very rich analysis of the socio-political context of complementarity and implementation of the Rome Statute. It is highly recommended to any person interested in how international and local actors interact in the repression of mass atrocity crimes.' Bernard Ntahiraja, Nordic Journal of Human RightsTable of Contents1. Introduction; Part I. The ICC and Complementarity: Evolutions, Interpretations, Implementation: 2. Tracing an idea, constructing a norm: complementarity as a catalyst; 3. Mirror images? Complementarity in the courtroom; 4. Leveraging the Hague: complementarity and the Office of the Prosecutor; Part II. The ICC in Uganda, Kenya, and the Democratic Republic of Congo: 5. Compliance and performance: implementation as domestic politics; 6. Competing, complementing, copying: domestic courts and complementarity; 7. Catalysing opportunity: complementarity and domestic proceedings; 8. Conclusions and recommendations.

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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 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 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 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 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 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 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 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 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 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 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 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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Book SynopsisWhat will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect. Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future.This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.Trade Review'This distinguished book is to be highly recommended for its comprehensive coverage of and practical information on the impending European patent system. It is definitely indispensable for people concerned not only with Europe but also internationally, including, of course, with Asia.' --Tatsuhiro Ueno, Waseda University, Tokyo, Japan'Certainly the practical information and insightful commentary contained in this book will be appreciated by students, academics and policy makers, as well as practitioners.' --The BarristerTable of ContentsContents: 1. Introduction 2. European Patent Litigation Under the European Patent Convention (EPC) 3. Analysing the Reforms - The Unified Patent Court (UPC) and the European Patent With Unitary Effect (UP) 4. Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities 5. Conclusion Index

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Book SynopsisThis Companion is a one-stop reference resource on the Phnom Penh based ?Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court?s practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the court has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal?s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with the ECCC. Academics focusing on international criminal justice will also find this useful to assess the value of the Extraordinary Chambers, both during the tribunal?s lifespan and after it has closed its doors.Trade Review'This is an important book, about a court which faced immense challenges and a bad press, but has nonetheless contributed both to criminal jurisprudence and to rebuilding confidence in the rule of law in Cambodia. It is astute and authoritative - Jorgensen's analysis comes with the knowledge of an insider and the objectivity of a brilliant jurist. The book is essential reading for architects of tribunals to deal with atrocities elsewhere in the world, and for all students of the struggle for global justice in the twenty-first century.' --Geoffrey Robertson, author of Crimes Against HumanityTable of ContentsContents: 1. Introduction 2. Legality 3. Structure 4. Procedure 5. Cases 6. Proceedings 7. Crimes 8. Liability 9. Sentencing 10. Victims 11. Legitimacy 12. Legacy Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisThis book analyzes the interactions of international criminal tribunals established since the 1990s with international, national and regional bodies, making recommendations for the International Criminal Court (ICC) as it goes forward. Placing the core issues within the statutory framework of the Rome Statute and major policy considerations, the authors examine ways in which the ICC can best coordinate with other accountability mechanisms on national and regional prosecutions, the UN Security Council, cooperation on the enforcement of arrest warrants, national non-judicial processes and amicus briefs from non-governmental organizations (NGOs).This timely evaluation of the experiences of the ad hoc international criminal tribunals spotlights the legal, political and coordination issues that will likely impact the ICC's current mandate to adjudicate core international crimes. It explores how governments, inter-governmental bodies and global civil society might best collaborate to strengthen national capacity to investigate and prosecute atrocity crimes in pursuit of global justice. The book also considers the challenge of state cooperation with international criminal tribunals, identifying lessons for the ICC, while emphasizing the need for positive complementarity between the emerging African Criminal Court and the ICC. Lawyers, judges, NGOs, government officials, academics, and policy makers at all levels will value this book as an important resource on transitional justice and the place of justice in the aftermath of conflict and mass atrocity.Table of ContentsContents: 1. Introduction to the Complex Relationships in International Criminal Justice 2. The Important Relationship between International Criminal Courts and National Judicial Proceedings 3. Cooperation with National Systems 4. The Relationship of International Criminal Courts with National Nonjudicial Proceedings 5. The Potential Role of Regional Courts in the Prosecution of Atrocity Crimes 6. NGO Intervention in Court Proceedings through Amicus Curiae Briefs Conclusion Index

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Book SynopsisWhat is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.Trade Review'A great introduction to the subject, rich with scholarly analysis including an essential historical perspective on the origins of international criminal justice, but at the same time sparkling with the unique insights of practitioners.' --William A. Schabas, Middlesex University London, UK'This exceptional book explores the emerging discipline of international criminal justice from new and important perspectives. Its thematic approach lends a deeper understanding not just of the legal frameworks and challenges, but also of the many disciplines that inform and make up this growing field. Written by two distinguished practitioners and scholars of international criminal justice, this book offers readers vital insight into the successes, failures and challenges that confront the response by states and the international community to mass atrocity today.' --Michael P. Scharf, Case Western Reserve University, School of Law, USTable of ContentsContents: 1. What is International Criminal Justice? 2. International Criminal Justice and History 3. International Criminal Justice and Politics 4. International Criminal Justice and Psychology 5. International Criminal Justice and Responses to Terrorism 6. International Criminal Justice and Transitioning Societies 7. International Criminal Justice and Hope – Some Concluding Remarks Index

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Book SynopsisInternational claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.Trade Review'Thorough, creative and readable, this book is an important addition to the literature. The authors have eschewed an exclusively black-letter approach for a presentation and appraisal of the dynamic process of mass claims arbitration. Drawing on their rich experience, they also offer important recommendations to ensure that an interstate arrangement that is supposed to provide post-conflict justice for the ''collateral'' victims does not degenerate into a continuation of war by other means.' --W. Michael Reisman, Yale Law School, USTable of ContentsContents: Introduction: International Mass Claims Commissions: “Build-It-Yourself” Justice? 1. What Are International Mass Claims Commissions? 2. Why a Claims Commission? 3. The Legal and Operating Structure 4. Who Are the Claimants and What Are the Claims? 5. The Financial Structure of Claims Commissions 6. Problems of Proof and Evidence 7. Remedies and Compliance with Claims Commissions Rulings 8. Conclusions Index

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Book SynopsisThis comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.Trade Review‘I sometimes wonder who, other than an eager reviewer, reads a collection like this from cover to cover. It would, however, be fair to say that in this instance the editors made a good job selecting their contributors and, unlike many collective works, there is not a weak one in the bunch. So, if you want to get your head around the formation of the Court and the current issues, this is an excellent read.’ -- Roger S Clark, Criminal Law Forum'This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court's performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.' -- Elies van Sliedregt, University of Leeds, UK'Though created so that the most serious crimes "not go unpunished", the ICC has been able to punish only a few. In this book, leading international justice experts explore the court's legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.' -- Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice'Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.' -- David Scheffer, Northwestern University, Pritzker School of Law, US and former US AmbassadorTable of ContentsContents: Introduction: narratives and counter-narratives of the International Criminal Court x PART I THE ESTABLISHMENT OF THE ICC 1 The dynamics of the Rome Conference 3 William A. Schabas 2 The Rome Conference: institutional design and the constraints of diplomacy 20 Frédéric Mégret PART II INTERPRETING AND APPLYING THE ROME STATUTE 3 Contestation and inevitability in the crimes of the International Criminal Court 49 Saira Mohamed 4 Admissibility as a theory of international criminal law 62 Alexander K. A. Greenawalt 5 Heads of state and other government officials before the International Criminal Court: the uneasy revolution continues 96 Leila Nadya Sadat 6 Penalties and punishment 128 Mark A. Drumbl 7 Can the ICC function without state compliance? 147 Rod Rastan PART III ICC IN ACTION 8 Taking the opportunity: prosecutorial opportunism and the International Criminal Court 181 Mark Kersten 9 Judges, the registry, and defence counsel 204 Sara Wharton 10 The Assembly of States Parties 231 Jennifer Trahan 11 Africa, the Court, and the Council 261 Rebecca J. Hamilton PART IV MAJOR CONTROVERSIES 12 Peace and justice 280 Yvonne M. Dutton 13 Re-narrating selectivity 307 Asad G. Kiyani 14 Human rights compliance 334 Jonathan O’Donohue 15 Re-writing sex and gender in international criminal law 363 Rosemary Grey and Louise Chappell 16 Mission uncertain: what communities does the ICC serve? 387 Margaret M. deGuzman Index 408

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Book SynopsisThis Research Handbook presents an in-depth examination of the International Court of Justice (ICJ) and its jurisprudence. Contributing authors dissect the global governance functions of the ICJ and its impact on national legal orders worldwide.

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Book SynopsisThe Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South.This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.Trade Review'In recent years, inequality and the denial of social rights have gained increasing prominence on the human rights agenda in response to the return of the worst features of the Gilded Age. This up-to-date review of the past twenty years of the relevant jurisprudence of the Inter-American Court of Human Rights highlights impressive recent initiatives taken by the Court. It is an important reference work for understanding the evolution of this major system of rights protection.' --Philip Alston, New York University, School of Law, US'Isaac de Paz González provides a valuable survey of the jurisprudence of the Inter-American Court of Human Rights dealing with the rights of indigenous peoples and children, the rights of labour, and the right to health. The book is an important resource for students and scholars to reflect on important questions about the interactions among rights, about complex remedies, and about compliance with human rights.' --Mark Tushnet, Harvard University, USTable of ContentsContents: 1. Constitutional law and international human rights law in the Inter-American system: approaches, tensions and setting the social rights scene 2. Indigenous rights: old issues, new methods? protecting excluded groups 3. Deprivation of life and marginalisation: trends in children’s social rights 4. Jurisprudence On the Right to Health and Education 5. Labour rights: the path to a direct interpretation of Article 26 ACHR 6. Slavery and poverty on trial: light and shadow Conclusions

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Book Synopsis'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.'- Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.Trade Review'This book presents a comprehensive examination of the development and practice of the UN Security Council's referral mechanism under Article 13(b) of the Rome Statute. Dr Lentner has left no stone unturned. This is an invaluable book for anyone researching and teaching on the most critical trigger mechanism of the International Criminal Court. A must read for all international criminal justice academics and practitioners.' --Harry M. Rhea, Rutgers University Camden, United States Navy and Academy of Criminal Justice Sciences International Section, US'Lentner has produced a thoughtful, comprehensive treatment of the relationship between the ICC and the Security Council. The book is rigorous and timely, addressing issues that will shape the ICC's role in the global legal order. This is a major contribution to the literature that will prove valuable to scholars and practitioners alike.' --Margaret M. deGuzman, Temple University, Beasley School of Law, US'By showing that the International Criminal Court (ICC) is a Janus-faced institution, the book demonstrates how the Security Council s referrals to the ICC do not necessarily serve the purposes of international criminal justice. Thought-provoking and skilfully written, Dr Lentner's monograph stands out as a unique piece of scholarly literature.' --Rossana Deplano, University of Leicester, UKTable of ContentsContents: Acknowledgements 1. Introduction 2. Legislative History of the Referral Mechanism 3. The Legal Nature of Security Council Referrals 4. The Powers of the Security Council under the UN Charter 5. The ICC’s Exercise of the Powers Conferred by the Security Council 6. The Security Council Referrals in Practice 7. Key Issues of the Security Council Referrals in Practice 8. Conclusions: The Janus Face of the International Criminal Court Index

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Book SynopsisOffering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters.This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration. Trade Review‘This collective endeavour is a welcome tool for practitioners and others who need, or simply wish, to uncover intricacies of the cross-border aspects of the civil procedure, access information about (primarily) the Court’s case-law and learn about identified (and some resolved) difficulties. Last but not least, this book constitutes, to my knowledge, the most up-to-date commentary on the Brussels I Bis Regulation edited in English.’ -- Magdalena Licková, EU Law Live‘This is undoubtedly the most complete and up-to-date commentary on the Brussels I bis Regulation, written by experts in the field, whose command is evident in the way in which the core rules of the law of European Civil Procedure are analysed. With solid theoretical foundations and an exhaustive analysis of the case law of the Court of Justice of the European Union and national courts, it clearly and effectively explains how the system works in its various dimensions (international jurisdiction, parallel proceedings, recognition and enforcement of decisions) and offers solutions to the practical problems that legal practitioners may encounter. A work of the highest quality and, above all, of the greatest utility.’ -- Fernando Gascón Inchausti, Universidad Complutense de Madrid, Spain‘This book is an absolutely essential source for anyone working with Brussels I bis and European procedural law, whether practitioner, judge, or academic. This multi-authored commentary makes use of a pan-European range of experts with diverse professional backgrounds and exposures to different legal cultures and traditions. The editor and authors, all with expertise in comparative procedural law and private international law, reflect a sensitivity to the need to situate each Article within the development of a European procedural law. The lengthy Introduction is particularly helpful as a reference tool for the evolution of Brussels I bis, even including Brexit. The book is an invaluable resource not only for Brussels regime novices but also for scholars of European procedural law due to the inclusion of case law of the CJEU/ECJ as well as a breadth of national law that enriches each chapter and deepens our understanding.’ -- Louise Ellen Teitz, Roger Williams University, US‘The go-to commentary for anyone – academics and practitioners alike – interested in the European law of transnational litigation regarding civil and commercial matters from a truly European perspective!’ -- Franco Ferrari, New York University School of Law, USTable of ContentsContents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rvekülg Article 11 205 Inga J.rvekülg Article 12 211 Inga J.rvekülg Article 13 214 Inga J.rvekülg Article 14 223 Inga J.rvekülg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Crístian Oró Martínez Article 21 304 Crístian Oró Martínez Article 22 315 Crístian Oró Martínez Article 23 318 Crístian Oró Martínez SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel SECTION 9 LIS PENDENS – RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santaló Gorís CHAPTER III RECOGNITION AND ENFORCEMENT SECTION 1 RECOGNITION Article 36 548 Wiebke Voß Article 37 562 Wiebke Voß Article 38 569 Wiebke Voß SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Subsection 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Subsection 2 Refusal of Enforcement Article 46 680 Enrique Vallines García Article 47 686 Enrique Vallines García Article 48 695 Enrique Vallines García Article 49 699 Enrique Vallines García Article 50 704 Enrique Vallines García Article 51 708 Enrique Vallines García SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines García Article 53 724 Enrique Vallines García Article 54 735 Enrique Vallines García Article 55 744 Enrique Vallines García Article 56 756 Enrique Vallines García Article 57 758 Enrique Vallines García CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro Appendix 1: Annexes and Recitals 887 Index 898

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Book SynopsisThis comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase.Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.Table of ContentsContents: Foreword 1. Introduction to Judicial Coherence in the European Patent System 2. Judicial coherence in patent systems: A conceptual framework 3. Judicial coherence in the current European patent system 4. The proposals for a specialised patent court in Europe and the challenges to judicial coherence 5. Judicial coherence in the US and Japanese patent systems 6. Mechanisms to foster judicial coherence in the future European patent system 7. Conclusion to Judicial Coherence in the European Patent System References Index

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Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index

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Book SynopsisInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.Trade Review‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’ -- Harold Hongju Koh, Yale Law School, US‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’ -- Sean D. Murphy, George Washington University Law School, US‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 2 Historical overview of international claims commissions 17 Makane Moïse Mbengue 3 The US–Mexico Mixed Claims Commissions 55 Frédéric Mégret and Nicole Maylor 4 The Iran–US Claims Tribunal 75 Bruno Simma and Jan Ortgies 5 The United Nations Compensation Commission 90 Norbert Wühler 6 The first mass settlement of real property claims: the CRPC for Bosnia 113 Hans van Houtte 7 The Eritrea–Ethiopia Claims Commission 127 Namira Negm PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 8 Institutional design: how states create claims commissions and why 150 Timothy J. Feighery and Jason Rotstein 9 The multiple roles of States in international claims commissions 176 Jeremy K. Sharpe 10 The role of secretariats 200 Dirk Pulkowski and Scott Falls 11 Mass claims processes: institutional design issues 222 John R. Crook 12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239 Lee M. Caplan and Yateesh Begoorevii 13 Procedural issues: remedies and enforcement—ensuring the effective enforcement of mass claims 257 Aloysius P. Llamzon and Diana A. A. Reisman PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277 Ronald J. Bettauer 15 Creating an international compensation mechanism for Ukraine 292 Chiara Giorgetti and Patrick W. Pearsall 16 Claims commissions and the resolution of international environmental law disputes 309 Natalie Klein 17 Claims commissions and investment obligations 330 Angeline Welsh Index 340

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Book SynopsisThe UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. SkodvinTrade Review‘The Development of the Law of the Sea Convention represents a collective effort in filling the gap left in academic discussion. This book offers an in-depth appraisal of the impacts and contributions of international courts and tribunals to the development of UNCLOS since its entry into force in 1994. The book is timely, authoritative and thought- provoking. It will be of great interest to a wider readership, not only scholars and students working in the fields of public international law and the law of the sea, but also practitioners and relevant international organizations and institutions.’ -- Zhiguo Gao, Ocean Yearbook'The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the ''genuine link'', hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.' --Tullio Treves, Former Judge, The International Tribunal for the Law of the SeaTable of ContentsContents: Preface xi 1 General introduction 1 Øystein Jensen 2 The regime of islands 14 Sir Malcolm D. Evans and Reece Lewis 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48 Robin Churchill 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73 Nigel Bankes 5 Managing transboundary fish stocks for sustainability 104 Andrew Serdy 6 Obligations of flag states in the exclusive economic zone 139 Aldo Chircop 7 Deep seabed mining 168 Aline Jaeckel 8 ITLOS and the tale of the tenacious ‘genuine link’ 190 Moira L. McConnell 9 Hot pursuit 216 Knut E. Skodvin 10 Historic rights 244 Seokwoo Lee and Lowell Bautista 11 Reflections 262 Øystein Jensen Index 268

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