Public international law: treaties and other sources Books

Book SynopsisPreparing for War, based upon extensive archival research and critical legal methodologies, explores the often misunderstood history of the 1949 Geneva Conventions, among the most important rules for armed conflict ever formulated.Trade ReviewPreparing for War. The Making of the Geneva Conventions offers us a thick historical contextualization of pressing issues. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *In sum, van Dijk's reverse-weaving provides us a much more nuanced picture of not only what was included but also of what was excluded from the fabric of the 1949 Conventions. It offers, I suggest, an illustrative template of what contemporary international legal history should look like as it brings together the lessons learned from more than two decades of rich scholarship on the relationship between comparative legal history, on the one hand, and politics, the theory and history of international law, and imperialism, on the other. * DANIEL R. QUIROGA VILLAMARÍN, Doctoral Candidate and Researcher based at the Graduate Institute of International and Development Studies (Geneva, Switzerland)., The New Rambler *The best legal history illuminates outcomes while resisting celebratory or cynical determinism. Dr van Dijk's new history of the Geneva Conventions and humanitarianism in war is a masterpiece of methodological and conceptual sophistication. Through meticulous archival research and critical analysis, van Dijk recovers a multitude of voices and possibilities in the making of the law of war we have, and the ways we might imagine its unrealized potential. * Prof. Naz K. Modirzadeh, Harvard University *In Preparing for War, Boyd van Dijk provides a most welcome update to the history of international humanitarian law. The hallmark of this deeply researched analysis of the 1949 Geneva Conventions is its simultaneous attention to politics and history. In exposing the constant tension between politics and humanitarianism, van Dijk reminds us of the perpetually unfinished nature of the project of humanizing war. * Prof. Tanisha M. Fazal, University of Minnesota *Van Dijk's riveting book is the culmination of a decade of new histories of international law, marking the arrival of professional research methods and independent critical analysis to the study of international law's most hallowed texts: the Geneva Conventions. Van Dijk's account of the drafting of the Conventions reveals them to be the products not merely of humanitarian ideals inspired by the horrors of war, but also of fierce Cold War contests and colonial rivalries. Highly recommended. * Prof. John Fabian Witt, Yale University *Nothing was inevitable in the drafting of the Geneva Conventions, Boyd van Dijk argues in this important and exciting revisionist work. The author's expansive multi-lingual archival research enables him to reconceive this history by tracing the genealogy of the drafting, revealing the Articles' contingency. Drafters had directly experienced the brutality of total war, and this informed their efforts to protect civilians. Women, like French resistance fighter Andrée Jacob, played crucial roles. Cold War politics mattered, but adversaries nevertheless collaborated on matters that served their common interests. This outstanding work will influence the next generation of writing on the Geneva Conventions. * Prof. Mary Dudziak, Emory University *Boyd van Dijk has written a superb political and legal history of the making of the four Geneva Conventions. * Dr. Hugo Slim, University of Oxford *Preparing for War is a fascinating read. Dr Boyd van Dijk takes us to the heart of the negotiations and lets us see into the minds of the key players. * Professor Andrew Clapham, Geneva Graduate Institute *Van Dijk's book is excellent for exposing this dynamic in relation to the geneva conventions and for unearthing some of the politics behind those crucial treaties. Preparing for War is a compelling read. It is powerfully written and offers us the richest and most nuanced account of the negotiations leading to adoption of the Geneva Conventions currently on offer. * Professor Larissa van den Herik, The American Journal of International Law *Preparing for War - The Making of the Geneva Conventions is a book no international humanitarian law scholar should miss. It is a truly interdisciplinary piece of scholarship, which masterfully handles history, political science and international law in telling the story of the drafting and negotiation of the 1949 Geneva Conventions. * Dr Bianca Maganza, Geneva Graduate Institute *Boyd van Dijk's Preparing for War offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. * Professor Eyal Benvenisti, University of Cambridge *Boyd van Dijk has done an invaluable job. He presents in detail the diverse controversies and opposing opinions amongst different states, whether in or outside the Western, Eastern, or 'Third World' blocs, that arose during the discussion and writing of the fourth Convention and rewriting the first, second and third. In doing so he made his book a priceless contribution to the history of humanitarianism, the laws of warfare, the Red Cross, and international relations. * Leo van Bergen, Medicine, Conflict and Survival *Table of Contents1: Introduction 2: The Twisted Road to Geneva 3: Making the Civilian Convention 4: Internationalizing Civil and Colonial Wars 5: Fighters in the Shadow 6: Indiscriminate Warfare: Bombing, Nuclear Weapons, and Starvation 7: Preparing for the Worst 8: Conclusion

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Book SynopsisThis book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.Trade ReviewLibrarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review *This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Álvarez-Armas * Revue critique de droit international privé *Table of ContentsIntroduction I. Context II. A Study of Private International Law and Global Governance III. Scope of the Book IV. Objectives of the Book V. Structure of the Book PART 1 LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW 1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil Liability A. Introduction to the Distinction between Responsibility and Liability B. State Responsibility C. State Liability D. Civil Liability II. The Duty to Ensure Prompt and Adequate Compensation A. Prompt and Adequate Compensation in International Law B. Future Development of the Duty to Ensure Prompt and Adequate Compensation III. Conclusion 2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental Matters II. The Regulatory Function of Private International Law A. Private International Law as Obstacle? B. Private International Law as Regulation? III. Conclusion PART 2 TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW 3. Jurisdiction Over Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Jurisdiction in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Access C. Implementation of Equal Access in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law A. Asserting Jurisdiction Over Transboundary Pollution B. Declining Jurisdiction Over Transboundary Pollution C. Enforcing Foreign Judgments against Local Polluters III. Conclusion 4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Choice of Law in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Remedy C. Implementation of Equal Remedy in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. The Law Applicable to Transboundary Pollution in Canadian Private International Law A. Designating the Law Applicable to Transboundary Pollution B. Displacing the Applicable Law C. Extraterritorial Application of Statutory Causes of Action III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution

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Book SynopsisTrade ReviewInspectors for Peace is a tour de force about the IAEA's history and evolution and thus a must-read for understanding the strengths and weaknesses of the agency's role in preventing proliferation.—Arms Control TodayTable of ContentsAcknowledgmentsIntroduction: Nuclear Inspectors1. One World or None2. Atoms for Peace3. Cold War Vienna4. Science, Safeguards, and Bureaucracy5. The Nuclear Non-Proliferation Treaty6. Gaps in the System7. North-South Tensions8. Chernobyl9. The Nuclear WatchdogConclusion: The Last Man StandingAbbreviationsGlossaryNotesIndex

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Book SynopsisInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one''s interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. Trade ReviewThere is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice *Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal *Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal *This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law *Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *Table of ContentsPreface by James Crawford Introduction 1: Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law 2: Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle The Object 3: Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law 4: Duncan B Hollis: The Existential Function of Interpretation in International Law 5: Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished The Players 6: Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration 7: Michael Waibel: Interpretive Communities in International Law 8: Gleider Hernández: Interpretative Authority and the International Judiciary The Rules 9: Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties 10: Julian Arato: Accounting for Difference in Treaty Interpreation Over Time 11: Anne-Marie Carstens: Interpreting Transplanted Treaty Rules The Strategies 12: Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation 13: Harlan Grant Cohen: Theorizing Precedent in International Law 14: René Provost: Interpretation in International Law as a Transcultural Project Playing the Game of Game-Playing 15: Jens Olesen: Towards a Politics of Hermeneutics 16: Martin Wählisch: Cognitive Frames of Interpretation in International Law 17: Ingo Venzke: Is Interpretation in International Law a Game? Conclusion 18: Philip Allott: Interpretation- an Exact Art

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Book SynopsisCustomary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward. This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence involved. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings. Identification of Customary International Law provides an overview of the Commission''s work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.

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Book SynopsisThis book explores how the EU Treaties evolved, placing them within the context of their time. It illustrates how they reacted to the social, political and economic realities of their age, but also how they addressed future and foreseeable challenges. This helps to fully demonstrate the current constitutional landscape and to suggest how it might develop going forward. The book provides a comprehensive explanation of the development of EU policy from the Treaty of Rome in the 1950s to the Treaty of Lisbon in 2009, which led to a tighter union and ultimately to Brexit. A fascinating insight into the past, present and future of the European Union.

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Book SynopsisBeing located between the Black and Caspian seas, Azerbaijan has always been the juncture of Eurasia—with a traditional reputation as a crossroads between the north-south and east-west transport corridors—and the traditional ground for competition between numerous regional and global players, using both soft and hard power. With its vast hydrocarbon energy reserves, Azerbaijan is a country of particular importance in the South Caucasus. The region’s complex geopolitics have immensely influenced Azerbaijan’s foreign policy strategy. With the dissolution of the USSR, Azerbaijan, as a new state with fragile security, found itself in a complicated situation surrounded by regional powers like Iran, Russia, and Turkey. This book focuses on several major foreign policy issues faced by the Republic of Azerbaijan since it regained its independence in 1991. These major issues include the conflict with Armenia and related matters, the relationship with the West, as well as the complexities arising from its relationship with Russia and its ties to Muslim countries, such as Iran and Saudi Arabia.Table of ContentsIntroduction Farid Shafiyev 1. Nagorno-Karabakh Conflict: Deconstructing Stereotypes and International Imagery Farid Shafiyev 2. Rethinking Azerbaijan’s Foreign Policy Strategies vis-à-vis a Hegemony-Seeking Russia, 1991-2017 Kamran Ismayilov 3. Azerbaijan-EU Relations: More Opportunities on the Horizon Anar Valiyev 4. Azerbaijan's Place in West Central Eurasian Energy Security Robert M. Cutler 5. Azerbaijan and Turkey: Analysis of Mutual Cooperation and Strategic Relations since the Independence of Azerbaijan Shamkhal Abilov 6. The Next Front? Iranian Ambitions and Azerbaijan’s Strategic Bulwark Mitchell Belfer 7. The Emerging Strategic Partnership between Azerbaijan and Saudi Arabia: Azerbaijan’s Policy of Common Incentives and Overcoming Geography Lucie Švejdová

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Book SynopsisA text in the Yale University Press Series on Basic Documents in World Politics

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Book SynopsisTrade Review"These essays make an invaluable contribution to understanding 'how statesmen think.' The book is strongly recommended for students and researchers in international relations." * Choice *"Robert Jervis is one of those rare scholars of International Relations whose work is path-breaking and enduring in multiple research areas, ranging from nuclear deterrence to political psychology, from intelligence to complexity theory. . . . That this volume brings together twelve of Jervis's previously published essays on political psychology and international relations is a boon to scholars and practitioners alike."---Balkan Devlen, International AffairsTable of ContentsAcknowledgments ix Introduction 1 I Political Psychology 13 1 Understanding Beliefs 15 2 The Drunkard's Search 40 II Heuristics and Biases 61 3 Representativeness, Foreign Policy Judgments, and Theory-Driven Perceptions 63 4 Prospect Theory: The Political Implications of Loss Aversion 85 III Political Psychology And International Relations Theory 105 5 Signaling and Perception: Projecting Images and Drawing Inferences 107 6 Political Psychology Research and Theory: Bridges and Barriers 125 7 Why Intelligence and Policymakers Clash 148 8 Identity and the Cold War 169 IV Psychology And National Security 189 9 Deterrence and Perception 191 10 Psychology and Crisis Stability 216 11 Domino Beliefs 234 12 Perception, Misperception, and the End of the Cold War 261 Index 281

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Book SynopsisTrade Review"Powerplay is an illuminating and important book that should help to guide policy makers as they try to cope with the greatest challenge to the American alliance system in Asia since it was created some seven decades ago: the rise of a power, China, that wants to shake it up."---Richard Bernstein, Wall Street Journal"Cha has embedded a lively narrative of post-World War II diplomatic history inside a thought-provoking analytic framework."---Andrew Nathan, Foreign Affairs"Masterful. . . . Deft and seamless mixture of theory, historical analysis, and policy prescription."---Ben Rimland, Washington Free Beacon"Powerplay demonstrates an incredible depth and breadth of knowledge, solid research, and accessible analysis."---Daniel Runde, Foreign Policy"An important contribution to the literature on alliance politics and regional security in Asia."---Yukari Iwanami, International Relations of the Asia-Pacific"This book is an important contribution to the literature on alliance politics and regional security in Asia."---Yukari Iwanami, International Relations of the Asia-Pacific"Timely. . . . It provides a clear-eyed, historical perspective on the emergence, significance and continued relevance of the alliance structure. Cha persuasively argues that security arrangements in Asia possess both a different structure and rationale for their existence than security arrangements in Europe."---Olivia Enos, The National Interest"Until now, the literature lacked a comprehensive work examining the origins of post-WWII American alliances in Asia. Cha fills this gap. . . . A masterpiece of early Cold War history. . . . Cha successfully persuades readers that the hub and spokes alliance system was not the product of contingencies, but a deliberate choice of the Truman and Eisenhower administrations. . . . What makes this book original and worth reading is the integration of these important monographs and primary documents on the different bilateral alliances into one framework, which is the Powerplay strategy."---Giuseppe Spatafora, The International Spectator"Victor Cha presents an exciting and original argument. His analysis is convincing, his research thorough, and his writing clear. . . . For anyone looking to understand why the American alliance system in Asia emerged so differently from the one in Europe, Powerplay should be required reading."---Mitchell Lerner, Michigan War Studies Review

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Book SynopsisThis highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.Trade Review'An important and compelling account of the development of a global regime to counter terrorism financing. Vital material for all students of counter-terrorism and the role of soft law and national self-interest in producing compliance with international law.' --Kent Roach, University of Toronto, CanadaTable of ContentsContents: 1. Introduction 2. The Importance of Countering Terrorist Financing 3. Binding and Non-Binding Norms in Countering Terrorist Financing 4. Examining the Level of Implementation 5. Examining the Level of Compliance 6. Features of the Regime That Have Led to Its High Levels of Compliance 7. Conclusion Index

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Book SynopsisThis book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary setting out current interpretations based on the latest practice, case law, academic commentary and ICRC experience.

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Book SynopsisThe calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.Table of ContentsIntroduction: putting flesh on the bone: what should a business and human rights treaty look like? David Bilchitz; Part I. Need for an International Treaty in a Historical Context: 1. Lessons from the UN Centre on transnational corporations for the current treaty initiative Khalil Hamdani and Lorraine Ruffing; 2. The value-added of a treaty to regulate transnational corporations and other business enterprises: moving forward strategically Penelope Simons; 3. Coherence, mutual assurance the rationale for a treaty Sheldon Leader; Part II. Principles and Politics Shaping the Treaty's Contours: 4. Principle and pragmatism in the elaboration of a comprehensive treaty on business and human rights Larry Catá Backer; 5. The need for a treaty: expectations on counter-hegemony and the role of civil society Daniel Maurício de Aragão and Manoela Carneiro Roland; 6. Scope of the proposed business and human rights treaty: navigating through normativity, law and politics Surya Deva; Part III. Nature and Extent of Corporate Human Rights Obligations: 7. Corporate obligations and a treaty on business and human rights: a constitutional law model? David Bilchitz; 8. Human rights, responsibilities, and due diligence: key issues for a treaty Robert McCorquodale and Lise Smit; 9. Human rights and global supply chains: is effective supply chain accountability possible? Justine Nolan; 10. Legalizing human rights due diligence and the separation of entities principle Radu Mares; Part IV. Role of States in Enforcing Human Rights Obligations: 11. Human rights legal liability for business enterprises: the role of an international treaty Carlos Lopez; 12. Regulatory obligations in a complex world: States' extraterritorial obligations related to business and human rights Sigrun Skogly; 13. The impact of a business and human rights treaty on investment law and arbitration Peter Muchlinski; Part V. Improving Access to Remedies for Victims: 14. Access to remedy: treaty talk and the terms of a new accountability accord Erika George and Lisa J. Laplante; 15. Making remedies work: envisioning a treaty-based system of effective remedies Beth Stephens; 16. The potential role of criminal law in a business and human rights treaty Shane Darcy; Conclusion: connecting the dots: how to capitalise on the current high tide for a business and human rights treaty Surya Deva.

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Book SynopsisThis book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive ''guidelines of the application of legitimate expectations''. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.Trade Review'This book presents a fresh outlook on the theory of legitimate expectations as applied prominently in the jurisprudence of investment tribunals. Building on detailed knowledge of the relevant cases, Teerawat Wongkaew manages to offer fascinating insights into the underlying philosophical theories of legitimate expectations. He makes a compelling argument in favour of a reliance conception that introduces core elements of the traditional estoppel principle into the debate and provides a suitable framework of analysis.' August Reinisch, University of Vienna'By drawing on the moral philosophy of promise, this book takes a novel, unexplored route in developing a doctrinal structure and theory for the understanding and application of the concept of legitimate expectations. It is independent and unconventional thinking at its best and shows that legal philosophy and international investment law have more potential for fruitful interaction than many would have thought.' Stephan Schill, University of Amsterdam'Teerawat Wongkaew's work is a brilliant effort to provide a moral and carefully nuanced basis for the use of legitimate expectations that both grounds as well as limits the use of this concept as the basis of responsibility of states. The philosophical and moral rationalisation it provides will guide scholarship on the subject even when it provokes dissent. The capacity of this work to provoke thinking on a subject that deeply affects the legitimacy of investment arbitration will set it apart as the most meaningful work to have been written thus far on this subject.' M. Sornarajah, National University of Singapore'This is indeed a serious and thoughtful attempt at clarifying a concept too often invoked outside any elaborated definition; a book which, for sure, will be as interesting and useful for practitioners as for scholars interested in the current development of the international law of investments.' Pierre-Marie Dupuy, Graduate Institute of International and Development Studies, GenevaTable of ContentsPart I. Why Do We Need a Theory of Legitimate Expectations?: 1. Introduction; 2. The formalist conception of legitimate expectations and different paradigms of the investment treaty regime: a critique; Part II. What is the Theory of Legitimate Expectations?: 3. Theoretical foundations for the use of moral philosophy of promise and conceptualisation of legitimate expectations; 4. The voluntarist conception of legitimate expectations and enforcement of sovereign promise; 5. 'Letting investors down', protection of trust, and assurance conception of legitimate expectations; 6. Protecting against investors' detrimental reliance: reliance conception of legitimate expectations; 7. In search of the most suitable conception of legitimate expectations; Part III. What is the Application of the Theory of Legitimate Expectations?: 8. Normative consequences of the reliance theory of legitimate expectations; 9. Rethinking remedies for a breach of legitimate expectations: corrective justice and reliance damages.

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Book SynopsisInternational Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within this system, along with their rules and procedures. It also examines - and questions - the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT). Andrea Barrios Villarreal, who has been involved in standardization activities for more than seven years, provides a unique and in-depth analysis that will be useful to scholars, students and practitioners. This illuminating work is a welcome addition to the international economic law literature and should be read by anyone with an interest in the interaction between trade law and international standardization.Trade Review'This book is in the right place at the right time for the trauma which is Brexit and the knock-on effects for trade.' Elizabeth Robson Taylor, Phillip Taylor, The BarristerTable of ContentsList of tables; List of abbreviations and acronyms; Introduction; 1. The international standardization system; 2. International standards as part of international law; 3. Standards from the economic perspective; 4. International standardization under the WTO; 5. Practical application of the concept of an international standardizing body; 6. Practical application of the concept of international standard: case studies; General conclusions; Bibliography; Index.

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Book SynopsisThe year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world''s most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.Trade Review'The edited volume musters an impressive array of some of international law's most prominent scholars and offers valuable food for thought for addressing today's manifold delicate challenges … The UN Friendly Relations Declaration at 50 achieves [the] goal of moving away from specialism and taking a more generalist perspective formidably. Such a perspective shift is indeed much needed and the lucid analyses of the fundamental principles of the international legal order are certain to make very meaningful contributions to international legal scholarship.' Benedikt Behlert, Die Friedens-Warte'All the essays are erudite and supported by a wealth of original source material. This book will be a valuable resource for those interested in international law and international organization.' S. R. Silverburg, ChoiceTable of ContentsIntroduction: the fundamental principles of international law - an enduring ideal? Jorge E. Viñuales; 1. The system of the Friendly Relations Declaration Georges Abi-Saab; 2. The historical origins and setting of the Friendly Relations Declaration Samuel Moyn and Umut Özsu; Part I. The Principles of the Friendly Relations Declaration: 3. The prohibition of the use of force Olivier Corten; 4. Peaceful settlement of international disputes Shotaro Hamamoto; 5. The duty not to intervene in matters within domestic jurisdiction Dire Tladi; 6. Co-operation Laurence Boisson de Chazournes and Jason Rudall; 7. Self-determination Marcelo G. Kohen; 8. Sovereign equality Martti Koskenniemi and Ville Kari; 9. Good faith Guillaume Futhazar and Anne Peters; Part II. Fundamental Principles of International Law Beyond the Friendly Relations Declaration: 10. Human rights protection as a principle Eibe Riedel; 11. The fundamental principles of international humanitarian law Jia Bing Bing; 12. Prevention of environmental harm Leslie-Anne Duvic-Paoli and Jorge E. Viñuales; 13. Freedoms in common areas Tullio Treves; 14. Principles governing the global economy Jürgen Kurtz, Jorge E. Viñuales and Michael Waibel; 15. The Friendly Relations Declaration at 50 Pierre-Marie Dupuy; Appendix - Friendly Relations Declaration.

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Book SynopsisThis new fully indexed book includes bilateral treaties and other international agreements listed by country or other international entity with subject headings under each entry. Arrangements with territorial possessions of a country appear at the end of the entry for that country. In some cases, treaties and international agreements applicable to a territory prior to its independence are included in the entry for that country on the basis of its assumption of treaty obligations upon becoming independent, as noted at the beginning of the entry for that country. For convenience, some treaties and agreements concluded with countries whose name or statehood status has changed continue to be listed under the name in use at the time the agreement was concluded, if the title of the treaty or agreement has not been formally amended.

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Book SynopsisThe Comprehensive Nuclear-Test-Ban Treaty would ban all nuclear explosions. It was opened for signature in 1996. As of March 2008, 178 nations had signed it and 144 had ratified. To enter into force, 44 specified nations must ratify it; 35 have done so. The Senate rejected the treaty in 1999; the Bush Administration opposes it. The United States has observed a nuclear test moratorium since 1992. This book discusses elements, arguments and analysis on the comprehensive nuclear-test ban treaty.

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Book SynopsisSpecial Sections: Remembering Diversity in East-Central European Cityscapes and Russias Annexation of Crimea I. Based on up-to-date field material, this issuefocuses onthe palimpsest-like environments of East-Central European borderland cities. The present shapes and contents of these urban environments derive from combinations of cultural continuities and political ruptures, present-day heritage industries and collective memories about the contentious past, expressive material forms and less conspicuous meaning-making activities of human actors; they evolve from perpetual tensions between the choices of the present and the weight of the past. The contributors address a set of key questions: What is specific about the transnationalization of memory in these urban public spaces? What are the political rationales and ramifications of the different approaches taken to the legacies of perished population groups in different cities? How do these approaches relate to European dimensions of memory and the European vector of identity-making of the contemporary urban populations?

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Book SynopsisRemembering Diversity in East-Central European Cityscapes. Based on up-to-date field material, this issue focuses on the palimpsest-like environments of East-Central European borderland cities. The present shapes and contents of these urban environments derive from combinations of cultural continuities and political ruptures, present-day heritage industries and collective memories about the contentious past, expressive material forms and less conspicuous meaning-making activities of human actors; they evolve from perpetual tensions between the choices of the present and the weight of the past. The contributors address a set of key questions: What is specific about the transnationalisation of memory in these urban public spaces? What are the political rationales and ramifications of the different approaches taken to the legacies of perished population groups in different cities? How do these approaches relate to European dimensions of memory and the "European vector" of identity-making of the contemporary urban populations?

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Book SynopsisBenhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice - norms which are difficult for some to accept as legitimate since they are in conflict with democratic ideals.Trade Reviewthis volume provides a sophisticated analysis of the concept and one of its major problems, and so is a valuable addition to the literature...[Benhabib] has successfully argued that the scope of the moral conversation needs to be universal...given the short length of the volume, it is on the whole a benefit that Benhabib and her commentators explore in such detail one important issue which faces liberal democratic cosmopolitan theorists. * Megan Kime, Ethical Theory and Moral Practice *

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Book SynopsisThis collection of papers provides a commentary on and critique of Grotius' "De jure pacs ac belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor.Trade Review`Careful editorial work has ensured a smooth dovetailing of the contributions so that the book is more than simply the sum of its parts ... The style is clear, concise and sometimes elegant.' Cambridge Law JournalTable of ContentsGrotius' method, Tanaka Tadashi - dialectic of law, the constuction of a jurisprudence, the prolegomena and the design of "JBP"; Grotius' concept of law, Tanaka Tadashi - "Jus", natural law and volitional law, basic legal concepts, the relation between various laws; war, Onuma Yasuaki - definition and lawfulness of war, just causes of war, authors of war; state and governing power, Tanaka Tadashi - the state, supreme governing power, the right of resistance and subordinate rulers; "dominium" and "imperium", Yanagihara Masaharu - the evolution of "dominium" and rights common to all men, original acquisition of the right over corporeal things, original acquisition of the right over persons, derivative acquisition, acquisition under "the law of nations", extinction of "dominium" and "imperium", obligations arising from "dominium", Grotius as "the father of private law theory based on natural law"; agreement, Onuma Yasuaki - the history of the concept of the binding force of agreements, Grotius' theory of promise and agreement, evaluation of the theory of agreement in "JBP"; punishment, Furukawa Terumi - punishment in general, punitive war; the laws of war, Kasai Naoya - significance and structure of the laws of war, rules of natural law, the scope and application of the law of nations, external effects under the law of nations, demands for internal justice in an unjust war; "temperamenta" (moderation), Tanaka Tadashi - the problem, unjust war, "temperamenta", the law of nations, internal justice and the law of love, Grotius and the laws of war in modern international law; agreements between nations - treaties and good faith with enemies, Kimura Makoto - treaties and sponsions (public agreements), "fides" between enemies, admonitions to preserve faith and peace; law dancing to the accompaniment of love and calculation, Onuma Yasuaki - "JBP" a book with a practical aim, the realities of war in "JBP", Grotius' normative approach, a multi-layered normative structure, "systematic" presentation of just causes of war, the position of "JBP" in the history of international law; Appendix - Eurocentrism in the history of international law, Onuma Yasuaki.

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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 SynopsisNow in its third edition, this book is the authoritative text on one of the world''s most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states.The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed.Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.Trade ReviewReview from previous edition 'a seminal work which will be of enormous interest to the human rights community...' * Commonwealth Lawyer *"... a very useful first stop in finding the basic jurisprudence on the protection of civil and political rights under the treaties adopted under the auspices of the United Nations.'" * Urfan Khaliq, Tolley's Communications Law *... the publication makes a most creditable contribution to systematising and making accessible the work of the Human Rights Committee in the exercise of its various functions ... With its timely collation of the jurisprudence of the Human Rights Committee, it stands alone in the human rights literature. * Australian Year Book of International Law *"The book, all 985 pages of it, is an excellent source of reference. No other work has encompassed as much material and case law so far...the wide range of sources is impressive...Of great value is the subject index... this index is exceptionally good, detailed and clear...the compilation of such incredible amounts of material is a gigantic achievement. The inclusion of good-quality indexes and information tables makes the information readily available and is one of the major assets of the work...The volume is a most-needed and welcome contribution for scholars and practitioners alike. It fulfils its aim of bestowing the legal community with an excellent source of information on international human rights law and will certainly aid in the advancement of human rights protection." * Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Heidelberg Journal of International Law) *The authors are to be congratulated for their thoughtful and insightful analysis, and for their meticulous work in continuing to render the work of the Human Rights Committee accessible to a wide audience of civil servants, scholars, practitioners, and activists. * Australian Year Book of International Law *Table of ContentsPART I: INTRODUCTION ; 1. Introduction ; PART II: ADMISSIBILITY UNDER THE ICCPR ; 2. The Ratione Temporis Rule ; 3. The 'Victim' Requirement ; 4. Territorial and Jurisdictional Limits ; 5. Consideration Under Another International Procedure ; 6. Exhaustion of Domestic Remedies ; PART III: CIVIL AND POLITICAL RIGHTS ; 7. The Right of Self-determination - Article 1 ; 8. The Right to Life - Article 6 ; 9. Freedom from Torture and Rights to Humane Treatment - Articles 7 and 10 ; 10. Miscellaneous Rights - Articles 8, 11, 16 ; 11. Freedom from Arbitrary Detention - Article 9 ; 12. Freedom of Movement - Article 12 ; 13. Procedural Rights Against Expulsion - Article 13 ; 14. Right to a Fair Trial - Article 14 ; 15. Prohibition of Retroactive Criminal Laws - Article 15 ; 16. Right to Privacy - Article 17 ; 17. Freedom of Thought, Conscience, and Religion - Article 18 ; 18. Freedom of Expression - Articles 19 and 20 ; 19. Freedoms of Assembly and Association - Articles 21 and 22 ; 20. Protection of the Family - Article 23 ; 21. Protection of Children - Article 24 ; 22. Rights of Political Participation - Article 25 ; 23. Rights of Non-Discrimination - Articles 2(1), 3, and 26 ; 24. Minority Rights - Article 27 ; PART IV: ALTERATION OF ICCPR DUTIES ; 25. Reservations, Denunciations, Succession, and Derogations ; APPENDICES ; A. International Covenant on Civil and Political Rights ; B. First Optional Protocol to the ICCPR ; C. Second Optional Protocol to the ICCPR ; D. States Parties to the International Covenant on Civil and Political Rights ; E. States Parties to the First Optional Protocol ; F. States Parties to the Second Optional Protocol ; G. States which have made a Declaration under Article 41 of the Covenant ; H. Members of the Human Rights Committee (Past and Present) ; I. General Comments of the Human Rights Committee

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Book SynopsisA work on international humanitarian law, which contains texts of the main treaties and includes other documents, such as: agreements on anti-personnel mines and laser weapons; two documents on UN forces and international humanitarian law; an extract from the Advisory Opinion of the International Court of Justice on nuclear weapons; and more.Trade Review"masterly...The third edition of Roberts and Guelff's Documents on the Laws of War is an essential and invaluable working tool for all those who are interested in international humanitarian law." International Review of the Red Cross, Geneva"An indispensable tool for any international lawyer." Professor Antonio Cassese, former President of the Yugoslav War Crimes Tribunal, The Hague"Indispensable to practitioners and students alike ... We are much indebted to the patient and scholarly labours of the two editors." International AffairsTable of ContentsIntroduction by the Editors ; 1856 Paris Declaration Respecting Maritime Law ; 1868 St Petersburg Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight ; 1899 Hague Declaration 2 Concerning Asphyxiating Gases ; 1899 Hague Declaration 3 Concerning Expanding Bullets ; 1907 Hague Convention IV Respecting the Laws and Customs of War on Land ; ANNEX TO THE CONVENTION: REGULATIONS RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND ; 1907 Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land ; 1907 Hague Convention VII Relating to the Conversion of Merchant Ships into Warships ; 1907 Hague Convention VIII Relative to the Laying of Automatic Submarine Contact Mines ; 1907 Hague Convention IX Concerning Bombardment by Naval Forces in Time of War ; 1907 Hague Convention XI Relative to Certain Restrictions with Regard to Exercise of the Right of Capture in Naval War ; 1907 Hague Convention XIII Concerning the Rights and Duties of Neutral Powers in Naval War ; 1923 Hague Rules of Aerial Warfare ; 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare ; 1936 London Proces-Verbal Relating to the Rules of Submarine Warfare Set Forth in Part IV of the Treaty of London of 22 April 1930 ; 1946 Judgment of the International Military Tribunal at Nuremberg: Extracts on Crimes Against International Law ; 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ; 1949 Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field ; 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ; 1949 Geneva Convention III Relative to the Treatment of Prisoners of War ; 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War ; 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict ; REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT ; 1954 First Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1976 UN Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques ; 1977 Geneva Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts ; 1977 Geneva Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts ; 1978 Red Cross Fundamental Rules of International Humanitarian Law Applicable in Armed Conflicts ; 1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects ; 1980 Protocol I on Non-Detectable Fragments ; 1980 Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1980 Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons ; 1995 Protocol IV on Blinding Laser Weapons ; 1996 Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices ; 1991 Operation Desert Storm, US Rules of Engagement (Pocket Card) ; 1993 Statute of International Criminal Tribunal for the Former Yugoslavia: Extracts ; 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea ; 1994 ICRC/UNGA Guidelines for Military Manuals and Instructions on the Protection of the Environment in Time of Armed Conflict ; 1994 Statute of International Criminal Tribunal for Rwanda: Extracts ; 1994 UN Convention on the Safety of United Nations and Associated Personnel ; 1996 Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons: Extract ; 1997 Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction ; 1998 Rome Statute of the International Criminal Court: Extracts ; 1999 Second Hague Protocol for the Protection of Cultural Property in the Event of Armed Conflict ; 1999 UN Secretary-General's Bulletin on Observance by UN Forces of International Humanitarian Law ; Appendix I : Emblems and Signs ; Appendix II : Electronic Media ; Select Bibliography on the Laws of War ; Index

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Book SynopsisInternational Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from theTrade ReviewJose Alvarez is a rare bird in the scholarly aviary of international organization: he moves effortlessly between politics and the law. International Organizations as Law-makers is authoritative but easy to read, an exceptional text for courses in international relations as well as international law. * Thomas G. Weiss, Presidential Professor and Director, Ralph Bunche Institute for International Studies, The CUNY Graduate Center *As an authoritative observer of the prominent role played by international institutions in the global arena ,Professor Alvarez has undertaken a challenging task:fully taking account of the specific tasks and features of the individual organizations which now operate in all major areas of human endeavor ,he has distilled principles and procedures common to their law-making and dispute-settlement activities.With proper attention to history,theory,doctrine and practice,the book should become a standard item on reading lists not only for specialized courses on international institutional law but on general international law as well,given the impact of these institutions on traditional doctrine. * Eric Stein, Hessel E.Yntema Professor of Law Emeritus, University of Michigan *José Alvarez has written a tour de force that will endure for years to come as the definitive treatise on law-making, in all its forms, by international organizations. He has combined theory with a solid grasp of organizations' practice as he explains and analyzes the law-making activities of such disparate organizations as the United Nations, its many specialized agencies and the World Trade Organization, including judicial and "judicialized" bodies that exercise jurisdiction and make law across a broad subject-matter spectrum. Anyone with an interest in international law and organizations will do well to read this book and keep it handy on a nearby reference shelf. * Frederic L. Kirgis, Washington and Lee University School of Law *The world is increasingly dense with international organizations, yet they receive surprisingly little attention from international lawyers. Arguing that we are in "the age of IOs," Jose Alvarez offers a comprehensive treatment of the topic that skillfully melds theory, practice, and history. Deftly weaving together insights and evidence from both international law and international relations, International Organizations as Law-Makers provides one-stop shopping for anyone interested in the past, present, and future of international organizations. * Professor Kal Raustiala, UCLA Law School *Table of ContentsPART I: INTERNATIONAL INSTITUTIONAL LAW: SELECTED ISSUES; PART II: MULTILATERAL TREATY- MAKING; PART III: INSTITUTIONALIZED DISPUTE SETTLEMENT

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Book SynopsisFailings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court''s decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive.The book seeks to demonstrate its thesis by a careful review of the Court''s errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court''s drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court''s performance, and a tentative explanation for its relatively disappointing record.Table of ContentsACKNOWLEDGMENTS ; INTRODUCTION ; CHAPTER 1 - THE FORMAL AUTHORITY OF THE COURT ; CHAPTER 2 - THE LAW THE COURT MAY APPLY ; CHAPTER 3 - ERRORS OF PROCEDURE ; CHAPTER 4 - ERRORS OF SUBSTANCE ; CHAPTER 5 - THE COURT'S PERFORMANCE: QUANTITATIVE SUMMARY AND SUGGESTED EXPLANATIONS ; FINAL THOUGHTS ; BIBLIOGRAPHY ; TABLE OF AUTHORITIES ; INDEX

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Book SynopsisDoes a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property.The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.Table of ContentsPART I: INTRODUCTION ; 1. The Concept of International Property Law ; 2. The Human Right to Property ; PART II: PRINCIPLES OF INTERNATIONAL PROPERTY LAW ; 3. Chattels ; 4. Intangible Property ; 5. Land ; 6. Oceans ; 7. Atmosphere ; PART III: COMPONENTS OF INTERNATIONAL PROPERTY LAW ; 8. Toward Global Property Rights ; 9. The Right to Acquire ; 10. The Right to Possess and Use ; 11. The Right to Destroy ; 12. The Right to Exclude ; 13. The Right to Transfer ; PART IV: OUTLOOK ; 14. The Future of International Property Law

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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