Public international law: jurisdiction and immunities Books
Cambridge University Press Legal Authority beyond the State
Book SynopsisIn recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state.Table of ContentsIntroduction Patrick Capps and Henrik Palmer Olsen; 1. The evolution of authority Alan Brudner; 2. The evolution of global authority Patrick Capps; 3. International courts and the building of legal authority beyond the state Henrik Palmer Olsen; 4. Semantic authority, legal change and the dynamics of international law Ingo Venzke; 5. Practical reason and authority beyond the state John Martin Gillroy; 6. Varieties of authority in international law – state-consent, international organisations, courts, experts and citizens Inger-Johanne Sand; 7. The legitimate authority of international courts and its limits – a challenge to Raz's service conception? Andreas Follesdal; 8. Consent, obligation, and the legitimate authority of international law Richard Collins; 9. The International Criminal Court: The New Leviathan? Margaret Martin.
£95.00
Oxford University Press, USA Consular Law and Practice
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
£261.25
Oxford University Press The Law of State Immunity
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
£79.80
Bloomsbury Publishing PLC Environmental NGOs and Access to Justice before the CJEU
Book SynopsisThis study tells a fascinating legal mobilisation story. Analysing EU environmental law litigation over the last 30 years, it illustrates how the European environmental movement has broadened access to justice opportunities before the EU Courts.The book draws on both doctrinal analysis and qualitative methods of socio-legal inquiry. At its heart are interviews with key stakeholders: environmental lawyers, plaintiffs, and activists, which give an invaluable and innovative perspective. With the growing emergency posed by the climate crisis and resultant increased litigation, this book makes a significant contribution to our understanding of the impact of litigation in European environmental law.
£85.50
University of Toronto Press Agents and Structures in CrossBorder Governance
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
£47.60
Edward Elgar Publishing Ltd Research Handbook on Jurisdiction and Immunities
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
£52.20
Edward Elgar Publishing The Commercial Activity Exception to State
Book Synopsis
£85.00
Oxford University Press CONVEN PRIV IMMUN UN SPEC COMM OCILS C Oxford Commentaries on International Law
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£256.50
Oxford University Press, USA Position of Heads of State and Senior Officials in International Law Oxford International Law Library
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
£118.75
