Public international law: jurisdiction and immunities Books

Book SynopsisThis classic work on consular law explains what consuls do to assist and protect co-nationals. How can they help with documents, or if a co-national is arrested or convicted on a criminal charge? This book explores how consular law developed and examines the current treaties and the varied roles of the consul.Trade ReviewIn eighteen years since Lee's Second Edition there has been a major shift in consular functions- access to and protection of nationals in detention assuming much greater importance politically as well as legally. The Third Edition well reflects this, with thorough analysis of recent cases before the International Court and with the US Supreme Court, as well as recent conventions and changes in practice since the end of the Cold War. An excellent handbook for the lawyer and for career and honorary consuls struggling with the demands of huge numbers of travellers in foreign lands. * Eileen Denza, Visiting Professor, University College London *Review from previous edition ...a work of considerable academic standing... extensively researched, and much attention has been paid to detail. It provides insight into consular activity and demonstrates the relationship between convention and customary international law. The text will serve as an invaluable reference tool to those engaged in consular activity, as well as serving the needs of those with either a developed or passing interest in what is one of the oldest forms of international activity... * Rebecca M. M. Wallace, The British Year Book of International Law 1991 *...a welcome addition to the literature on this subject which, although very important in the practical world, is all too rarely the subject of learned writing ... an important work of reference on this vital area of international law... * BC.A. Whomersley, The International and Comparative Law Quarterly, Volume 41, 1992 *...successfully touches on virtually every aspect of consular law and practice...an interesting overview of the field and a useful reference work for all whose work concerns either services to nationals abroad or commercial dealings with consular officials... * The American Journal of International Law *Table of ContentsPART I. INTRODUCTION ; PART II. CONSULAR RELATIONS IN GENERAL ; PART III. CONSULAR FUNCTIONS ; PART IV. PRIVILEGES AND IMMUNITIES ; PART V. HONORARY CONSULS ; PART VI. CONSULS, DIPLOMATS, AND THE UNITED NATIONS ; PART VII. CONCLUSIONS ; APPENDICES

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Book SynopsisRevised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State''s national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law.Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State''s right to deny a remedy for a wrong - China, a major tradiTrade ReviewThe authors must be sincerely congratulated for this substantially revised edition of an already renowned treaties. Not only have they achieved an extremely useful update of the current law of State immunity by keeping up the high standard of the previous edition in terms of almost lexicographical tracing and recording of State practice and case law in numerous jurisdictions. This book is also an excellent attempt at re-conceptualising the notion of state immunity against the background of recent international case law. * Stephan Wittch, German Yearbook of International Law *Review from previous edition '...outstanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.' * American Society of International Law *'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries...' * Anthony Aust, International and Comparative Law Quarterly *'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer confined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text.' * Alan Boyle, The Law Review Quarterly *This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable. * International and Comparative Law Quarterly *Table of ContentsPART I: GENERAL CONCEPTS; PART II: THE SOURCES OF THE LAW OF STATE IMMUNITY; PART III: THE CURRENT INTERNATIONAL LAW OF STATE IMMUNITY; PART IV: OTHER IMMUNITIES; PART V: CONCLUSIONS

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Book SynopsisAfter centuries of near dormancy, the concept of ''universal jurisdiction'' has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisTrade Review... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal ... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law. * The American Journal of International Law *Reydams provides an excellent historical overview of the development of the principle [of universal jurisdiction]. ...[his] book offers a clear counterpoint to those on both ends of the political spectrum who overstate and celebrate the extent of universal jurisdiction and those who overstate and fear it. * International Affairs *Table of ContentsPART I. UNIVERSAL JURISDICTION IN INTERNATIONAL LAW; PART II. UNIVERSAL JURISDICTION IN MUNICIPAL LAW

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Book SynopsisThe legal position in international law of heads of states and other senior state representatives is at the heart of the conflict thrown up by recent changes in the international legal order. The establishment of the International Criminal Court and the ad hoc criminal tribunals reflects a growing belief that heads of states and other senior state representatives should be held accountable for serious violations of international law. It is now questioned whether foreign states and their officials still have immunity from proceedings concerning grave human rights abuses in national courts.This book provides a comprehensive treatment of this key issue, covering both civil and criminal proceedings before domestic courts and the position before international courts and tribunals. The positions of both serving and former heads of states are examined and, where appropriate, so is that of their family members. The wide variety of constitutional forms and titles enjoyed by heads of states and senior state representatives is considered and their internationally relevant powers and functions outlined. The implications of recognition or lack of it are assessed, together with the practical and legal consequences of loss of office and/or exile in a foreign state. In examining the position of heads of state and other senior representatives in foreign states, attention is given to the question of immunities before the local courts, and to other privileges, protections, and courtesies to which they may be entitled. The book draws a distinction between the personal immunity (ratione personae) enjoyed by heads of states which derive from their status or office, and the official act immunity (ratione materiae) enjoyed by all state officials. It closely examines the relationship between state immunity as it has developed under the restrictive doctrine and the immunities to which individuals are entitled. Careful consideration is given to separate regimes of international immunities such as special missions.This systematic analysis of the legal position of heads of states takes into account the history of the subject, relevant state practice (judicial and legislative), the impact of relevant international treaties, and international judicial or arbitral decisions on the matter.Trade ReviewThe Position of Heads of State and Senior Officials in International Law is a valuable doctrinal contribution to the growing body of literature on privileges and immunities for senior state officials and is recommended to anyone with an academic or professional interest in the area. * Monique Cormier, Australian Year Book of International Law *This is an accessible, wellresearched and valuable book on a complex topic of law * Philippa Webb *Table of ContentsPART I OVERVIEW AND GENERAL PRINCIPLES ; PART II HEADS OF STATES ; PART III HEADS OF GOVERMENTS, FOREIGN MINISTERS AND OTHER SENIOR STATE REPRESENTATIVES ; PART IV INTERNATIONAL RESPONSIBILITY OF HEADS OF STATES, HEADS OF GOVERMENTS, FOREIGN MINISTERS AND SENIOR STATE REPRESENTATIVES ; PART V EFFECT OF STATEMENTS BY HEADS OF STATES,HEADS OF GOVERNMENTS, FOREIGN MINISTERS AND OTHER SENIOR STATE REPRESENTATIVES

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Book SynopsisThis concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly''s scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, thTrade Review[Brierly's Law of Nations] is compact, concise and erudite. Above all, it is distinguished among law books for its clarity and simplicity of expression... This classic text has been rendered brilliantly up to date to create a readable and authoritative work of reference for general readers as well as lawyers and law students. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *...an inspired and very impressive work indeed...If the chief qualities that made Brierly stand out were its straightforward and fluent prose, a balanced choice of topics discussed, and above the hopeful and humane - yet unfailingly sober - assessment of the role of international law in the world community by which the analysis was underlain, then these qualities have been admirably preserved and in fact honed to perfection. * Eirik Bjorge, Law Quarterly Review *The excellence of these new editions of Brierly and Brownlie is unquestionable. Both student and hardened old-hand - and those in between - will find much in them that is challenging and memorable. This reflects the extraordinary abilities of both the original authors and the new editors. The books are also, as before, complementary (and will continue to be found as close companions on the library bookshelf). Anyone coming new to international law who reads both will acquire a rounded picture of the modern role and rules of public international law. Each is highly recommended, indeed essential for any law library. Given their competitive price, they are also suitable additions for any private collection of public international law books. * Omri Sender and Michael Wood, The American Journal of International Law *You do want a copy of this. You know you do. This would make a great holiday gift for your favorite international lawyer too, and we just can't say that about most law books. Grab a hot cup of tea, build a warm fire, and enjoy some time with a classic text on international law. * Mark Wojcik, International Law Prof Blog *Table of ContentsPreface To The First Edition ; Preface To The Seventh Edition ; 1. The Origins of International Law ; 2. The Basis of Obligation In International Law ; 3. The Legal Organization of International Society ; 4. States ; 5. The Territory of States ; 6. Jurisdiction ; 7. Treaties ; 8. International Disputes and the Maintenance of International Peace and Security ; 9. Resort to Force

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Book SynopsisIn North America and Europe, cross-border governance arrangements have provided formal and informal frameworks to support cross-border cooperation. Analysing how these frameworks have emerged, the ways in which they have become institutionalized, and the processes by which they change is fundamental. Moreover, these frameworks are increasingly challenged by border securitization, thus limiting or jeopardizing decades of cross-border cooperative governance and coordinated public policies. Agents and Structures in Cross-Border Governance offers a series of case studies that explore these complex dynamics. To understand a range of cross-border governance frameworks, this collection addresses such topics as infrastructure development and management, resource sharing, regional politics, economics, security, human rights, the environment, culture, and community. The book explains how cross-border governance schemes have sought to mitigate some of the negative consequences Table of ContentsIntroduction 1. Cross-Border Governance: A Common Theoretical Framework and Comparative Approach Bruno Dupeyron, Andrea Noferini, and Tony Payan Part 1: Cross-Border Governance in North America: From Multipolar to Monocentric Governance 2. ‘Getting It:’ Business NGOs and Political Actors Talk about the US-Mexico Border Kathleen Staudt and Pamela L. Cruz 3. The Structure of Cross-Border Governance on the US-Mexico Border Tony Payan 4. Incumbent and Challenger Stakeholders in the San Diego-Tijuana Border Region: Economics and Migration Eduardo Mendoza-Cota 5. Mexico’s “Drug War,” the Energy Sector, and an Emerging Strategic Action Field Guadalupe Correa-Cabrera 6. Re-shaping Cross-Border Governance in the Pacific Northwest Borderlands Victor Konrad 7. Revisiting “Paradiplomacy” in the Quebec-US-States Cross-Border Area Bruno Dupeyron Part 2: Cross-Border Governance in Europe: A Steady but Contested Multi-level Governance 8. Actors and Policy Outcomes in the Euroregion Pyrenees Mediterranean: From the Emergence to the Stabilization of the Field (1990–2018) Andrea Noferini 9. Cross-Border Islands Governance: A Field Analysis of the Italy-Malta Interreg Program Francesco Camonita 10. A Bird’s Eye-View of Cross-Border Governance Dynamics along the Pyrenees (France-Spain Border) Matteo Berzi 11. Cultural Policy within Euroregions: Dynamics of a Cross-Border Sectoral Field Thomas Perrin 12. Galicia and the Region of North Portugal: An Experience of Cross-Border Cooperation in the Portugal-Spain Border Celso Cancela Outeda 13. Cooperation and Cross-Border Conflicts in Cerdanya (Spain-France Border) in Early Twenty-First Century Environmental and Economic Crises Xavier Oliveras 14. The Evolving Cross-Border Cooperation of Nouvelle Aquitaine–Euskadi–Navarre (Western Pyrenees Boundary): Multiple Actors and Aims of Cooperation Antoni Durà-Guimerà Conclusion 15. Comparing Cross-Border Governance in North America and Europe: Conclusions Bruno Dupeyron, Andrea Noferini, and Tony Payan

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Book SynopsisThis excellent book covers the important legal and political perspectives on the world's freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.'- Catherine Brölmann, University of Amsterdam, The Netherlands'In sum, the volume is a must for all those who know and practice international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.'- Stefano Burchi, Chairman of the International Association for Water Law - AIDA'International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.'- Richard Kyle Paisley, University of British Columbia, CanadaThe issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance.International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in 'virtual water' and the impacts of 'land grabs'.Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.Contributors: A.S. Al-Khasawneh, U. Alam, L. Boisson de Chazournes, L. Caflisch, M. Claassen, C. de Albuquerque, G. de los Cobos, L. del Castillo-Laborde, D. Garrick, J. Granit, D. Grey, E. Hey, V. Hughes, M. Kohen, C. Leb, G. Marceau, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, S.M.A. Salman, D. Shelton, A. Tanzi, M. Tignino, B.A. YimerTrade ReviewFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, Ethiopia's large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens. --Edith Brown Weiss, Georgetown University, USTable of ContentsContents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino 2. The Law of International Watercourses: Achievements and Challenges Lucius Caflisch PART I: WATER AS A VITAL RESOURCE FOR STATES AND INDIVIDUALS 3. Water Security, Perceptions and Politics: The Context for International Watercourse Negotiations David Grey and Dustin Garrick 4. Water and Sanitation are Human Rights: Why Does it Matter? Catarina de Albuquerque 5. Water Rights of Indigenous Peoples and Local Communities Dinah Shelton 6. Do People Have Rights in Boundaries’ Delimitations? Marcelo Kohen and Mara Tignino PART II: THE PROMOTION OF WATER COOPERATION THROUGH UNIVERSAL, REGIONAL AND LOCAL REGIMES 7. The Codification of Universal Norms: A Means to Promote Cooperation and Equity? Stephen C. McCaffrey 8. A Scalable Approach Towards Realizing Tangible Benefits in Transboundary River Basins and Regions Jakob Granit and Marius Claassen 9. Regional Contributions to International Water Cooperation: The UNECE Contribution Attila Tanzi 10. Transboundary Water Resources and International Law: The Example of the Aquifer Management of the Geneva Region (Switzerland and France) Gabriel de los Cobos 11. The Guaraní Aquifer Framework Agreement (2010) Lilian del Castillo-Laborde 12. The Senegal River Legal Regime and its Contribution to the Development of the Law of International Watercourses in Africa Makane Moïse Mbengue PART III: WATER AS A SHARED NATURAL RESOURCE 13. The Contribution of Procedural Rules to the Environmental Protection of Transboundary Rivers in Light of Recent ICJ Case Law Owen McIntyre 14. WTO and Trade in Natural Resources Valerie Hughes and Gabrielle Marceau 15. Virtual Water, ‘Land Grab’ and International Law Ellen Hey 16. Competing Water Use in Large-scale Commercial Farms: Ethiopia Bahakal Abate Yimer PART IV: PREVENTION AND SETTLEMENT OF WATER-RELATED DISPUTES 17. Do Judicial Decisions Settle Water-related Disputes? Awn S. Al-Khasawneh 18. Mediation of International Water Disputes – The Indus, the Jordan, and the Nile Basins Interventions Salman M.A. Salman 19. India and Pakistan’s Truculent Cooperation: Can it Continue? Undala Alam 20. State Succession to Water Treaties: Uncertain Streams Christina Leb and Mara Tignino Index

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Book SynopsisThis volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.Table of ContentsFrontispiece: Tree of Life, by the author Introduction Chapter I. Topographies of Universal Jurisdiction in International Law, Legal Pluralism and the Curious Case of the International Criminal Court Chapter II: Universal Jurisdiction and Genealogies of International Criminal Law Chapter III. Crimes Against Humanity Jurisprudence in International Law and The Conundrum of Jurisdictional Certainty Chapter IV. Mea culpa, Sua culpa, Tua Maxima Culpa: Collective Responsibility, Societal WrongDoing and Legal Judgment Chapter V. Through the Looking Glass: Hybrid Courts and International Criminal Law in the Global Sout In Lieu of Conclusion: Deliverance of Justice in International Criminal Law and the Role of Political Judgment as Purposive Action

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Book SynopsisThis Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles.Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state's citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.Contributors: J.C. Barker, R. Cryer, E.H. Franey, R. Garnett, F. Larocque, A. Orakhelashvili, C. Ryngaert, A. Sari, Y. Tanaka, X. Yang, S. YeeTrade Review'Jurisdiction is about the reach of power; immunities are about the restriction of such power. There are few more fundamental, important, or pervasive topics in international law. Yet, jurisdiction and immunities have not received the treatment that they deserve. Comprehensive and balanced, allowing the reader to delve deeply into specific subjects or draw connections among seemingly disparate areas, there is no better survey of this critical field than this Research Handbook.' --Jacob Katz Cogan, University of Cincinnati, College of Law, USTable of ContentsContents: 1. State Jurisdiction in International Law: Complexities of a Basic Concept Alexander Orakhelashvili 2. The Concept of Jurisdiction in International Law Cedric Ryngaert 3. Universal Jurisdiction: Concept, Logic and Reality Sienho Yee 4. Jurisdiction of States and the Law of the Sea Yoshifumi Tanaka 5. State Immunity from Jurisdiction between Law, Comity, and Ideology Alexander Orakhelashvili 6. Shared Foundations and Conceptual Differentiation in Immunities from Jurisdiction J Craig Barker 7. Immunity from the Criminal Jurisdiction of National Courts Elizabeth Helen Franey 8. The UK State Immunity Act 1978: History, Scope and Relation to International Law Alexander Orakhelashvili 9. Treaties on State Immunity: the 1972 and 2004 Conventions Alexander Orakhelashvili 10. Foreign State Immunity: A Private International Law Analysis Richard Garnett 11. The Status of Armed Forces in Public International Law: Jurisdiction and Immunity Aurel Sari 12. Immunity from Execution Xiaodong Yang 13. Torture, Jurisdiction and Immunity: Theories and Practices in Search of One Another François Larocque 14. Immunities and International Criminal Tribunals Robert Cryer 15. Jurisdictional Immunity of International Organisations: from Abstract Functionality to Absolute Immunity Alexander Orakhelashvili Index

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Book Synopsis

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Book Synopsis

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Book Synopsis

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