Public international law: responsibility of states and other entities Books
Encounter Books,USA The Cunning of Freedom: Saving the Self in an Age
Book SynopsisThis book has two currents. The first is an analysis of the three concepts of freedom that are called, respectively, negative, positive, and inner. Negative freedom is defined as an absence of coercion, positive freedom as an ability to rule oneself and others, inner freedom as being oneself; that is, being the author of one’s decisions. Each concept is analyzed both in terms of its development in the history of ideas and in terms of its internal logic. The major problem of negative freedom is to find widely accepted rules according to which this freedom can be distributed. Positive freedom’s major difficulty is to define what constitutes a free person. The greatest dilemma with inner freedom is how to correlate it with the proper interpretation of the human self. The book advances the thesis, and this constitutes the other current of its narrative—that we have been witnessing the advent of a new form of despotism, much of it being the effect of liberalism’s dominant position. Precisely because it took a reductionist position, liberalism has impoverished our view of freedom and, consequently, our notion of human nature with its political, moral, and metaphysical dimensions.Trade Review“Forget Rawls, Nozick, and Dworkin. You have to read Legutko. His new book, The Cunning of Freedom, demolishes social-contract theory and shows why universal rights haven’t made us free or happy—and never will. Legutko’s penetrating vision of positive human freedom puts him at the very forefront of political philosophy in our time.” —Yoram Hazony, author of The Virtue of Nationalism (Basic Books, 2018) “Ryszard Legutko dissects today’s obligatory platitudes of diversity, tolerance, and inclusion. He frees us from cant about freedom and inspires us to live as free men. A must-read.” —R. R. Reno, editor of First Things “The enticing word ‘liberalism’ with its ‘rights’ is now a bait leading to the slavery of conformism. Freedom itself has to be freed from its own perversions. Ryszard Legutko aptly scrutinizes several models of the free man, alleged or real: philosopher, entrepreneur, artist, aristocrat. Beyond Hume's and Nietzsche's nihilism, he retrieves a strong concept of the self, grounded on the Greek ideal of the ‘large soul,’ mindful of its roots, conscious of its dignity and of the duties it involves, fighting for the virtues, and finding peace in contemplation.” —Rémi Brague, professor emeritus, Sorbonne and University of Munich, and author of Curing Mad Truths (University of Notre Dame Press, 2019) “Of all the many books on freedom I have read, this new book by Ryszard Legutko is by far the best. What he says is in essence what Burke also said, and what most—particularly American—conservatives today have all but forgotten: that freedom without wisdom and virtue is folly, vice and madness, without restraint. In Burke this is just a brilliant aphorism. Legutko’s book gives us much more: it is a profound, philosophical description and explanation of the many shapes this mad and vicious freedom has taken in the modern world. A hard, but necessary pill to swallow for everyone who thinks that freedom is all it takes. A truly Socratic elenchos on an intellectual level that is very rare in today’s academic world.” —Andreas Kinneging, professor of legal philosophy, University of Leiden
£18.04
Oxford University Press Yearbook on International Investment Law Policy
Book SynopsisThe Yearbook on International Investment Law & Policy is an annual publication which provides a comprehensive overview of current developments in the international investment law and policy field.Table of ContentsPART I: Year in Review a. Developments in Foreign Investment 1: Ilan Strauss: 2019 Trends in FDI Flows and Policy 2: Daniel D. Bradlow and Andria Naudé Fourie: Financing for Sustainable Development in 2019: ESG Considerations 'Go Mainstream' and its Implications 3: José Antonio Ocampo and Tommaso Faccio: Taxation of International Investment: The Search for Consensus 4: Joel Dahlquist: Institutional Developments in International Investment Law and Policy 5: Geoffrey Gertz: Home State Measures toward Foreign Investment 6: Sofia Baliño and Nathalie Bernasconi-Osterwalder: Investment Facilitation Update: Initiative Among WTO Member Group Prepares for Twelfth Ministerial Conferenc 7: Wouter Schmit Jongbloed: Political Risk Insurance in an Age of Managed Trade 8: Jesse Coleman, Lise Johnson, Ella Merrill, and Lisa Sachs: International Investment Agreements 2019: A Review of Trends and New Approaches b. Developments in Investor-State Arbitration 9: Catharine Titi: Recent Developments in ISDS: Jurisdiction and Admissibility: Procedure and Conduct 10: Damien Charlotin: 2019 Developments in Investment Treaty Arbitration (Merits) c. Thematic Developments in Investment Policy 11: Kyla Tienhaara: Environment, Climate, and Renewables 12: Rochelle Cooper Dreyfuss: ISDS and Intellectual Property in 2019: The Case of the Dog that Didn't Bark 13: Federico Ortino and Maria Laura Marceddu: Intersections Between Trade and Investment Law and Policy: The Common Causes Underlying the Crisis of Dispute Settlement 14: Nicholas J. Diamond: Developments in Investment and Human Rights in 2019 15: Zoe Phillips Williams: Investor -State Arbitration in the Extractive Industries in 2019 16: Thierry Berger and Lorenzo Cotula: Land in International Investment Law and Dispute Settlement: Developments in 2019 d. Region Reports 17: Chin Leng Lim: Developments in International Investment Law and Policy in Asia 18: Hannes Lenk: Developments in International Investment Law and Policy in the European Union 19: Facundo Pérez-Aznar: Developments in International Investment Law and Policy in Latin America 20: Todd Tucker: Developments in International Investment Law and Policy in North America Part II Andrés Eduardo Alvarado Garzón: Compensation with a Chess Clock? The Interaction of Statutes of Limitation with the Calculation of Damages in Investment Arbitration Juan Miguel Alvarez: The United States-Mexico-Canada Agreement (USMCA): A New Chapter in the Discussion about ISDS between Developed Countries Esmé Shirlow: The Promises and Pitfalls of Investor-State Mediation Catharine Titi: Opinion 1/17 and the Future of Investment Dispute Settlement: Implications for the Design of a Multilateral Investment Court
£227.50
Oxford University Press Outsourcing Rulemaking Powers Constitutional
Book SynopsisOutsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.Trade ReviewOutsourcing rulemaking power is common in many polities. It raises complex issues of constitutional principle and legal doctrine. Cedric Jenart's book is a valuable addition to the literature in this area. It examines in depth and from a comparative perspective the twin features that shape this area: the constitutional limits to outsourcing by the legislature and/or the executive; and the standards that must be complied with by actors outside the traditional governmental structure if outsourcing is allowed. * Paul Craig, Emeritus Professor of English Law, St John's College, Oxford, UK *Complex and fragmented societies are faced with an overwhelming demand for the regulation of economic, social, environmental, and other problems. Rules, however, are set not only by parliament(s), but by a wide range of public and private standard setters. In his excellent piece of scholarship, Cedric Jenart covers the constitutional ground for this decentralised system of rulemaking across a number of jurisdictions. The book is a most welcome in-depth contribution to a Pan-European discussion about the function and the responsibilities of Parliaments in relation to other governance-capacities within modern societies. * Professor Dr. Florian Becker, LL.M., Institut für Öffentliches Wirtschaftsrecht, Christian-Albrechts-Universität zu Kiel, Deutschland *Building on the rulemaking practices of the executive, Cedric Jenart argues for incorporating the regulatory activities of independent public agencies and private or semi-private institutions into modern public law. With a wealth of legal material and case studies, plus a fascinating look at the World Anti-Doping Agency, Jenart argues that such delegation can be justified in a democracy but should take different forms depending on their expected value: insulation from politics, the need for expertise, or stakeholder involvement. * Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science and Professorial Lecturer in Law, Yale University, USA *Governments around the world increasingly delegate or <"outsource>" the power to make rules imposing obligations upon citizens, to public-private partnerships, purely private organizations, and NGOs, or absorb those organization's rules into public law. In this valuable contribution to comparative constitutional and comparative administrative law, Cedric Jenart gives us a comprehensive study of the limits principles of democracy and legality - as embodied in international and domestic law - place on outsourcing, delegation, and absorption reveals a surprisingly wide range of legal limits on an equally surprisingly range of practices. The concluding study of anti-doping regulations in sport provides an illuminating concrete example of why the question is important. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School, USA *
£94.05
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
£67.20
Oxford University Press Detention in NonInternational Armed Conflict
Book SynopsisInternational law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or ''internment''. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in deTable of ContentsPART I: CONTEXT ; PART II: INTERNATIONAL HUMANITARIAN LAW ; PART III: INTERNATIONAL HUMAN RIGHTS LAW ; PART IV: DEVELOPING THE LAW
£95.62
Oxford University Press Arms Control and Disarmament Law Elements of
Book SynopsisThis book provides a concise and objective appraisal of international arms control and disarmament with a clear focus on the law, key mechanisms, and institutions.Trade ReviewCasey Maslen succeeds in offering a concise introductory book on arms control and disarmament law for a broad audience from different professional backgrounds. As such, it holds what Oxford's series on "Elements in International Law" promises, to adopt "an objective, non argumentative approach to its subject matter". * Vanessa Vohs, Humanitäres Völkerrecht *It is without doubt that this book provides an excellent overview and insight into the most salient elements and components of international disarmament and arms control law, particularly in illuminating its differentia specifica, i.e., the way in which i differs from other bodies of international law, most notably international humanitarian law. It also offers a novel manner of examining arms control disarmament laws. * Andrej Stefanovic, Review of International Affairs *Table of ContentsIntroduction 1: Key Components of Arms Control and Disarmament 2: Biological and Chemical Weapons 3: Nuclear Weapons and Nuclear Weapon Regimes 4: Conventional Weapon Regimes 5: Arms Transfer Regimes 6: Verification of Arms Control and Disarmament Agreements 7: Future of Arms Control and Disarmament
£110.03
The University of Chicago Press Sovereignty and the Responsibility to Protect
Book SynopsisIn 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi's forces. This title traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a history with profound implications.Trade Review"Luke Glanville provides a powerful corrective to the literature that sees sovereignty-and particularly the right of nonintervention-as a static norm in international politics, showing that there has always been an inherent tension between rights and responsibilities and that the 'traditional' meaning of sovereignty became predominant only at the end of World War II. Well-written and deeply rooted in the relevant literature, Sovereignty and the Responsibility to Protect makes a valuable contribution to scholarship in international relations." (Stacie Goddard, Wellesley College)"
£29.45
Edinburgh University Press Rethinking Humanitarian Intervention in the 21st
Book SynopsisSince the Cold War, humanitarian interventions have transitioned through a range of stages. These 12 essays focus on the challenges associated with interventions, conflict and attendant human rights violations, unmitigated and systematic violence, state re-building, and issues associated with human mobility and dislocation.
£85.50
Edinburgh University Press Rethinking Humanitarian Intervention in the 21st
Book SynopsisThese insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq.
£27.54
Encounter Books,USA How China's Communist Party Made the World Sick
Book SynopsisThe outbreak of a deadly new form of pneumonia that began in Wuhan, China, in December 2019 has shown the world that the regime in Beijing poses the most serious threat to world peace and freedom since the Soviet Union. Early missteps by China’s ruling Communist Party — repressing doctors who sought to alert China and the world to the dangers of the novel coronavirus and permitting millions to travel out of Wuhan for a holiday — caused the global pandemic now devastating populations and economies around the world. In this important essay, Bill Gertz shows how China’s lies and obfuscations imperiled the world.
£6.99
Intersentia Ltd The World Bank Group, the IMF and Human Rights: A
Book SynopsisThe World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.Table of ContentsCONTENTSPreface List of abbreviations Chapter 1. Introduction Chapter 2. IFIs Positioning Themselves in the Human Rights Field 2.1. Official WBG position 2.2. Official IMF positionChapter 3. Applicable Human Rights Obligations 3.1. Introduction3.2. The links between IFI mandates and international human rights law 3.3. Incorporating IFIs in the domain of international human rights law 3.4. The 'political prohibition' on the World Bank 3.5. Human rights obligations of States acting in the context of IFIs 3.6. Obligations following from (legal) relationships between the IFIs and private subcontractors Chapter 4. Attributing Unlawful Conduct to IFIs and their Member States 4.1. Attribution and responsibility 4.2. 'In control' 4.3. Primary, subsidiary and shared responsibility Chapter 5. Accountability and Redress 5.1. Substantive and procedural standards 5.2. Human rights impact assessment 5.3. Existing IFI accountability mechanisms 5.4. Arbitration, mediation and dialogue-based conflict resolution Chapter 6. Concluding remarks Annex I. Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights Annex II. Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts) Annex III. Draft Articles on the Responsibility of International Organizations (2011) (excerpts) Annex IV. Maastricht Principles on Extraterritorial Obligations ofStates in the area of Economic, Social and Cultural Rights (2011) (excerpts) Annex V. UN Guiding Principles on Business and Human Rights (2011) (excerpts) Bibliography
£34.20
Edward Elgar Publishing Ltd The International Law of State Responsibility: An
Book SynopsisThis highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.Trade Review'Professor Kolb has an outstanding ability for combining his exceptional knowledge ''across the board'' of the various areas of international law with an ability to explain them accessibly, whilst including a great level of analytical rigor and judgment. This work, based on detailed reference to the primary and secondary literature on this complex and cross-cutting area of international law, is a first-rate addition to the literature for students, practitioners, and academics alike. It is wholeheartedly recommended for all.' --Robert Cryer, University of Birmingham, UKTable of ContentsContents: 1. Concept and History 2. Internationally Wrongful Act 3. Attribution 4. Circumstances Precluding Wrongfulness 5. Legal Effects of Responsibility 6. Issues of Collective and Ancillary Responsibility 7. Conclusion Index
£100.00
University of Wales Press Crimes Against Humanity: The Limits of Universal
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
£72.25
Edward Elgar Publishing Ltd A Duty to Prevent Genocide: Due Diligence
Book SynopsisThe permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide.John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN).Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.Trade Review'This is a closely argued and well-written book, which combines a firm grasp of controversial issues in international law, with a genuine and enthusiastic originality. Heieck's focus is the duty to prevent genocide. He asks the question how this duty affects the bedrock principle of the current international order - the prohibition of the use of force. Highly recommended for students and scholars of international law.' --Bill Bowring, University of London, UK'John Heieck wades into one of the murkiest and most politically fraught issues of our time - what the duty to prevent genocide requires of states, particularly the members of the P5 - and does so with aplomb. Future scholarship on genocide will ignore this brave and intelligent book at its peril.' --Kevin Jon Heller, University of Amsterdam, the NetherlandsTable of ContentsContents: Introduction 1. The P5’s Duty to Prevent Genocide under the Genocide Convention 2. The P5’s Duty to Prevent Genocide under Customary International Law 3. The Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary International Law 4. Resolving the Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary Law Conclusion Bibliography Index
£94.05
Edward Elgar Publishing Ltd Research Handbook on Post-Conflict State Building
Book SynopsisAs a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field. The Research Handbook on Post-Conflict State Building provides keen insights for faculty, graduate and undergraduate students in programs related to peace and conflict, governance, and international justice and law. Practitioners such as United Nations staff, government officials, international institution and think tanks engaged in post-conflict state building will glean important lessons and guidance from the Handbook's chapters. Contributors include: T. Beckelman, S.-T. Bounfour, M.J. Day, M. de Hoon, Y.M. Dutton, R. Friedrich, C.M. Goebel, S.L. Hodgkinson, D.E.W. Johnson, R. Kraemer, C.D. Kreutzner, J.C. Levy, A.C. Mann, B. McGonigle Leyh, N. Narayan, S. Pearlman, F.J. Pecci, R.M. Perito, D.J. Planty, B. Popken, M. Sterio, J. Trahan, G. Visoka, P.R. Williams, J.P. WorboysTrade Review‘. . . this is an excellent collection. . . . The Handbook consists of an introduction and 24 substantive chapters. One strength is the breadth of coverage in those chapters. This book is well-suited for the practitioner or policymaking community, as it lays out the key considerations for those planning and implementing actions for post-conflict societies. What might be less obvious is the utility that the chapters and the book as a whole might have for instruction. These seem almost perfect for a professional masters’ level courses on conflict management and post-conflict reconstruction. Individual chapters might also be used in specialized courses at the same level or for undergraduates. The chapters are clearly organized and written in an accessible fashion for a broad audience.’ -- Paul Diehl, International PeacekeepingTable of ContentsContents: Preface Introduction: The Various Facets of Statebuilding Paul R. Williams and Milena Sterio Part I: Political Infrastructure 1. Post-Conflict Constitution-Making Darin E.W. Johnson 2. Electoral Law and Electoral Reform Jonathan P. Worboys 3. Vetting the Public Sector Betsy Popken Part II: Social Infrastructure 4. Social Cohesion and Inclusivity Milena Sterio and Jessica C. Levy 5. Civil Society Margaux J. Day and Christopher D. Kreutzner 6. Free and Independent Media Paul R. Williams and Sophie Pearlman Part III: Security Infrastructure 7. Disarmament, Demobilization, and Reintegration Christopher M. Goebel and Jessica C. Levy 8. Security Sector Reform Robert M. Perito Part IV: Legacies of the Conflict 9. Transitional Justice Marieke de Hoon 10. Refugees and Internally Displaced Persons Yvonne M. Dutton 11. Property Disputes and Restitution Sandra L. Hodgkinson 12. Reparations for Victims Brianne McGonigle Leyh Part V: Rule of Law 13. Judicial Reform and Rebuilding Jennifer Trahan 14. Human Rights Milena Sterio 15. Minority Protections Nikhil Narayan Part VI: Development 16. Humanitarian Action Elisabeth Dallas and Tyler Beckelman 17. Re-establishing and Reforming the Economy Sârra-Tilila Bounfour 18. Fiscal Arrangements Margaux J. Day Part VII: Case Studies 19. Guatemala: An Unfulfilled Promise Donald J. Planty 20. Brčko: Exemplar or Outlier? Andrew C. Mann 21. Kosovo: A Hybrid Negative Peace Gëzim Visoka 22. Afghanistan: Missteps in Reconstruction Richard Kraemer 23. Iraq: Seeking Stability after Saddam Darin E.W. Johnson 24. Libya: Unforeseen Complexities Roland Friedrich and Francesca Jannotti Pecci Index
£209.00
Edward Elgar Publishing Ltd The International Law of State Responsibility: An
Book SynopsisThis highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.Trade Review'Professor Kolb has an outstanding ability for combining his exceptional knowledge ''across the board'' of the various areas of international law with an ability to explain them accessibly, whilst including a great level of analytical rigor and judgment. This work, based on detailed reference to the primary and secondary literature on this complex and cross-cutting area of international law, is a first-rate addition to the literature for students, practitioners, and academics alike. It is wholeheartedly recommended for all.' --Robert Cryer, University of Birmingham, UKTable of ContentsContents: 1. Concept and History 2. Internationally Wrongful Act 3. Attribution 4. Circumstances Precluding Wrongfulness 5. Legal Effects of Responsibility 6. Issues of Collective and Ancillary Responsibility 7. Conclusion Index
£28.45
Edward Elgar Publishing Ltd State Responsibility and New Trends in the
Book SynopsisContracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.Trade Review'An important analysis on the rise of private military forces and the frontier of international law. Until states take their duty seriously the market for force will continue to grow, allowing the super-rich to become superpowers.' --Sean McFate, The Atlantic Council, National Defense University and Georgetown University, USTable of ContentsContents: 1. Introduction to Private Security Providers and State Responsibility 2. New Trends in Warfare and their Regulation 3. The Articles on State Responsibility 4. Breach of an International Legal Obligation 5. Rules of Attribution 6. State Responsibility for Lack of Due Diligence 7. State Responsibility for the Act of Outsourcing 8. Case Studies 9. Final Remarks and Conclusions Index
£98.80
Edward Elgar Publishing Ltd Handbook of Genocide Studies
Book SynopsisProviding an intellectual biography of the challenging concept of genocide from inception to present day, this topical Handbook takes an interdisciplinary approach to shed new light on the events, processes, and legacies in the field.Reaching beyond the traditional study of canonical genocides and related pathologies of behaviour, this Handbook strives to spell out the multiple dimensions of genocide studies as an academic realm. In doing so, it incorporates a vast range of methods and disciplines, including historiography, archival research, listening to testimony, philosophical inquiry, film studies, and art criticism. Contributors address a broad array of episodes, including genocides of indigenous populations in the Americas and Africa, the Armenian genocide, the Holocaust, twentieth-century genocides in Indonesia, Cambodia, Rwanda, Bosnia, and twenty-first-century genocides in Iraq, Myanmar, and China. By developing a cross-disciplinary framework, this Handbook showcases the diversity that comprises the field and creates a rich understanding of the origin, effects, and legacy of genocide.With a wide variety of perspectives, this Handbook will prove an invigorating read for students and scholars of international and human rights, public policy, and political geography and geopolitics, particularly those interested in genocide studies and the UN Genocide Convention.Trade Review‘Reflecting the multi-disciplinary nature of genocide studies, this is an advanced Handbook of Genocide Studies, which engages with challenges in the field of genocide studies by examining how particular genocides and aspects of the genocide process impact the study of genocide. Taking the reader through key concepts, such as the birth of the term “genocide”, specific genocides, particular aspects of genocide, and important practical aspects of genocide such as genocide prevention, this is a valuable text for students and scholars of any discipline seeking to explore how we research this challenging field of study.’ -- Melanie O’Brien, University of Western Australia and International Association of Genocide ScholarsTable of ContentsContents: Introduction to the Handbook of Genocide Studies 1 David J. Simon PART I THE BIRTH OF A CONCEPT 1 The history of Raphaël Lemkin and the UN Genocide Convention 7 Douglas Irvin-Erickson PART II GENOCIDE STUDIES: HISTORY AND IDEAS 2 Genocide of Indigenous peoples in North America 28 David MacDonald 3 Destroying to replace: reflections on motive forces behind civilian-driven violence in settler genocides of Indigenous peoples 42 Mohamed Adhikari 4 The historiography of the Armenian genocide 54 Suren Manukyan 5 Holocaust research and genocide studies: facing the problem of integration 72 Charlotte Kiechel PART III GENOCIDE STUDIES AND INTERNATIONAL RELATIONS 6 The interpretation and (non-)application of the Genocide Convention during the Cold War 85 Anton Weiss-Wendt 7 Mass murder and genocide in Indonesia and Cambodia, 1965–79: Cold War, state, and region 95 Ben Kiernan 8 The impact of genocide in Rwanda and Bosnia on genocide policy and genocide studies 106 David J. Simon PART IV GENOCIDE STUDIES AS SOCIAL SCIENCE 9 State strategies to implement (and hide) genocide in China and Myanmar since 2017 123 Magnus Fiskesjö 10 Genocide prevention: perspectives from psychological and social economic choice models 142 Charles H. Anderton 11 The potential of – and problems with – perpetrator research 158 Christian Gudehus 12 Making choices: the roles of rescuers in Rwanda and Bosnia 172 Leora Kahn 13 Trauma, grief, and bereavement after genocide: the Rwandan case 181 Amélie Faucheux 14 Religion and genocide studies 198 Kate E. Temoney 15 Gender and sexual violence in genocide 214 Anna Di Lellio PART V GENOCIDE STUDIES IN THE ARTS AND HUMANITES 16 Reframing the moment of first contact: lessons from the cinematic genre of science fiction 227 Daniel Conway 17 Music and genocide 238 Stéphanie Khoury 18 A network of witnesses: photography and genocide 249 Paul Lowe 19 Historical burden: art after genocide 263 Elmedin Žunić 20 Museums and the memory of genocide 277 Amy Sodaro PART VI GENOCIDE IN DISCOURSE 21 Questionable practices in genocide discourse 290 Aleksandar Jokic Index
£166.25
Berghahn Books Repressed, Remitted, Rejected: German Reparations
Book Synopsis Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the ‘never-ending story’ of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.Table of Contents List of tables Preface to the English Edition Acknowledgements Introduction: Methodological and Historical Aspects of the Reparations Problem Part I: The Price of Plunder Chapter 1. Exploitation and Destruction: The Occupation of Poland (1939–1945) Chapter 2. The Occupation and Plundering of Greece (1941–1944) Chapter 3. Testing Grounds of Occupation Policy: Poland and Greece in Comparison with the Rest of Nazi-Occupied Europe Part II: The Failure of the Allies Chapter 4. Allied Reparation Policies: From Joint Plans to the Cold War Chapter 5. Poland as Part of the Eastern Reparations Zone (1945–1953) Chapter 6. Developments in the Western Reparations Zone (1945–1951): The Conceptual Guidelines of Britain and the United States Part III: Divide et Impera Chapter 7. The Reparations Policy of the West German Power Elites through to the End of the 1980s Chapter 8. Greece on the Sidelines Once Again Chapter 9. Interim Conclusions Chapter 10. The Two-Plus-Four Treaty and The Exclusion of the Reparations Question Chapter 11. Developments since the 1990s Chater 12. Greece Comes Away Empty-Handed Chapter 13. New Conflicts: The Controversy Surrounding German Reparations Debt since 2015, and the Problem of ‘Remembrance Culture’ Chapter 14. Guilt and Debt: The Extent of Germany's Reparations Debt and What Has Been Paid So Far Chapter 15. Arguments in Favour of a Final Reparations Amendment to the Two-Plus-Four Treaty Appendix: Notes and Links for Digital Documentation with Lists of Documents Abbreviations Sources and bibliography Index
£105.60
Edward Elgar Publishing Ltd Conceptualizing Femicide as a Human Rights
Book SynopsisThis thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.Table of ContentsContents: 1. Introduction to the concept of femicide PART I FEMICIDE AND INTERNATIONAL CRIMINAL LAW 2. Femicide and (the laws of) war 3. Femicide and crimes against humanity 4. Femicide: Genocide by another name CONCLUSION TO PART I PART II FEMICIDE AND HUMAN RIGHTS LAW 5. Femicide, the UN system and CEDAW 6. Femicide and the European human rights system 7. Femicide and the inter-American human rights system 8. Femicide and the African human rights system CONCLUSION TO PART II PART III A HUMAN RIGHTS CONCEPT OF FEMICIDE AND STATE RESPONSIBILITY 9. Conceptualizing femicide as a human rights violation 10. No more impunity: Femicide and state responsibility 11. Conclusion to Conceptualiziing Femicide as a Human Rights Violation Index
£104.00
PIE - Peter Lang Italian Yearbook of Human Rights 2018
Book SynopsisThe Italian Yearbook of Human Rights 2018 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to inter-national human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the sub-ject of fundamental rights. The 2018 Yearbook surveys the most significant activities of national and local Italian actors at domestic and international level, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of in-ternational and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2017: Time to Restart is the title of the 2018 Year-book introduction. From this year onwards, the Yearbook will present an in-depth analysis on various human rights themes. This edition is dedicated to the state of implementation of Italy's Special Action Plan against Sexual and Gender-based Violence 2015.The Italian Agenda of Human Rights 2018 represents an updated orienta-tion tool with regards to the main initiatives to be undertaken on the leg-islative, infrastructural and policy-making fronts in order to strengthen the Italian system for promoting and protecting human rights.
£45.72
PIE - Peter Lang Italian Yearbook of Human Rights 2019
Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£42.75
PIE - Peter Lang Italian Yearbook of Human Rights 2019
Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£78.30
PIE - Peter Lang Italian Yearbook of Human Rights 2020
Book SynopsisThe Italian Yearbook of Human Rights 2020, marking the 10th edition of this publication, offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. It surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2019: Back on Track? is the title of the 2020 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition concerns Italy's behaviour in the context of the Third Universal Periodic Review at the United Nations Human Rights Council.As in the previous years, the Italian Agenda of Human Rights 2020 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
£42.30
Brill State Succession to International Responsibility
Book Synopsis
£179.10
T.M.C. Asser Press Nuclear Law: The Global Debate
Book SynopsisThis open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments—including regulators, policymakers and lawmakers—as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA’s Director General, and discuss the four branches of nuclear law—safety, security, safeguards and nuclear liability—and the interaction of nuclear law with other fields of national and international law.Table of ContentsChapter 1. Nuclear Law and the Nuclear World Order.- Chapter 2. Nuclear Science and Technology for Development.- Chapter 3. Russian Vision of the Problems and Prospects of the International Legal Framework in the Context of Small Modular Reactors and Transportable Nuclear Power Units.- Chapter 4. Milestones in Nuclear Law: A Journey in Nuclear Regulation.- Chapter 5. Strengthening the Global Nuclear Safety Regime.- Chapter 6. The Challenge of Climate Change – Complete Energy Systems Transformation: No nuclear, no net zero.- Chapter 7. Legal Imputation of Health Effects to Radiation Exposure.- Chapter 8. Nuclear Security.- Chapter 9. Building Nuclear Security regime: Questions to be Asked.- Chapter 10. IAEA Safeguards: Correctness and Completeness of States’ Safeguards Declarations.- Chapter 11. Safeguards for the Future.- Chapter 12. Nuclear Liability and Post-Fukushima Developments.- Chapter 13. The Humanitarian Atom: Role of Nuclear Power in Achieving the Sustainable Development Goals.- Chapter 14. “Nuclear Newcomer Countries” – The Path of the United Arab Emirate.- Chapter 15. Building the Nuclear and Radiobiological Safety and Security Authority in the Kingdom of Morocco: Sharing Experience and Lessons Learned.
£40.49
