Public international law Books

Book SynopsisThe most student-focused approach, providing ideal coverage for short, foundational courses at European law schools.International Law presents a student-focused approach to the subject; clearly written with non-native English-speaking students in mind, a range of learning features highlight the areas of debate and encourage students to engage critically with key disputes. US BLProvides comprehensive and concise coverage of the central issues in public international law, making this an ideal textbook for students taking short, introductory courses at European law schoolsBEUE US BLTakes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming students'' prior knowledge of the topics discussedBEUE US BLSupportive learning features, including central issues boxes, chapter summaries, recommended reading, and discussion questions highlight the essential points and encourage students to engage critically with the legal Trade ReviewThis is a very good, clear, accessible and user-friendly textbook that is an excellent complement to introductory undergraduate modules on international law. * Birju Kotecha, Assistant Professor, University of Northumbria Law School *A perfectly concise book to introduce public international law to undergraduate students: it covers all the foundational subjects in a cogent and eloquent manner. * Dr. Marjoleine Zieck, Professor of International Refugee Law at the Amsterdam Law School, University of Amsterdam *Table of Contents1: Foundations and structure of international law 2: Sources of international law 3: The law of treaties 4: The actors in the international legal system 5: Jurisdiction 6: Immunity from national jurisdiction and diplomatic protection 7: State responsibility 8: The international law of the sea 9: International human rights law 10: International environmental law 11: International economic law 12: The peaceful settlement of disputes 13: The international regulation of the use of force 14: The law of armed conflict 15: International criminal law

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Book SynopsisServing as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.Trade ReviewIts case-references and notes apparatus are excellent and the overall view it opens to early 21st century international law has an unparalleled combination of depth and width ... the most impressive English-language textbook available. * Martti Koskenniemi, British Yearbook of International Law (review of the eighth edition) *Brownlie's Principles has established itself as a book of real value and authority for students, academics and practitioners. * Samuel Wordsworth, Cambridge Journal of International and Comparative Law (review of the eighth edition) *[T]his is a very impressive work, wide-ranging in scope and nuanced in content, just as one would expect ... delivering what seems to be at the moment the best single-author English-language international law textbook. It is highly recommended, both as a student text and as a persuasive authority for the practice of international law. * Martins Paparinskis, International and Comparative Law Quarterly (review of the eighth edition) *Table of ContentsPart I: Preliminary Topics1. Introduction2. The Sources of International Law3. The Relations of International and National LawPart II: Personality and Recognition4. Subjects of International Law5. Creation and Incidence of Statehood6. Recognition of States and Governments7. International OrganizationsPart III: Territorial Sovereignty8. Forms of Governmental Authority Over Territory9. Acquisition and Transfer of Territorial Sovereignty10. Status of Territory: Further ProblemsPart IV: Law of the Sea11. The Territorial Sea and Other Maritime Zones12. Maritime Delimitation and Associated Questions13. Maritime Transit and the Regime of the High SeasPart V: The Environment and Natural Resources14. Common Spaces and Co-Operation in the Use of Natural Resources15. Legal Aspects of the Protection of the EnvironmentPart VI: International Transactions16. The Law of Treaties17. Diplomatic and Consular Relations18. Unilateral Acts, Acquiescence, and Estoppel19. Succession to Rights and DutiesPart VII: State Jurisdiction20. Sovereignty and Equality of States21. Jurisdictional Competence22. Privileges and Immunities of Foreign StatesPart VIII: Nationality and Related Concepts23. The Relations of Nationality24. Nationality of Corporations and AssetsPart IX: The Law of Responsibility25. The Conditions for International Responsibility26. Consequences of an Internationally Wrongful Act27. Multilateral Public Order and Issues of ResponsibilityPart X: The Protection of Individuals and Groups28. The International Minimum Standard: Diplomatic Protection and Protection of Investments29. International Human Rights30. International Criminal JusticePart XI: Disputes31. The Claims Process32. Third-Party Settlement of International Disputes33. Use of Threat of Force by States

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Book SynopsisThis book is intended for all interested in international law, ranging from undergraduate students, who will appreciate the accessible and engaging style to professional lawyers and others requiring authority, dependability and extensive referencing to facilitate additional research.Trade Review'The nine lives of Malcolm Shaw's classic study, 'International Law', demonstrate in this Ninth Edition that it remains the indispensable single volume work in its ever expanding field.' Stephen M. Schwebel, Former Judge of the International Court of Justice'At a time of rapid change, a new edition of Malcolm Shaw's invaluable book deserves the widest welcome.' Christopher Greenwood, Master of Magdalene College, Cambridge, and former British Judge at the International Court of Justice'Remarkably, for such a lengthy and wide-ranging text, this remains one of the most readable books on the subject – the distillation of Professor Shaw's lifetime in the front rank of the teaching and practice of international law.' Vaughan Lowe Q. C., Barrister at Essex Court Chambers, Emeritus Fellow of All Souls College, University of Oxford'Since the appearance of its first edition, Shaw's International Law has been my preferred textbook in my international law class. To this day it remains comprehensive, clear, and well organized, offering both depth and breadth, both the forest and the trees. The ninth edition offers yet again an updated, accurate and well-balanced account of the recent developments in the law.' Eyal Benvenisti, Whewell Professor of International law and the Director of the Lauterpacht Centre for International Law, University of Cambridge'Shaw's International Law has always been characterised by its clarity of expression, incisive analysis, and breath of coverage. This new edition is no exception. It is one of those rare works of international law that is essential reading for the Judge, practitioner, academic and student alike.' Dan Sarooshi QC, Professor of Public International Law, University of Oxford, and Essex Court Chambers, LondonTable of ContentsPreface to the ninth edition; 1. The nature and development of international law; 2. International law today; 3. Sources; 4. International law and municipal law; 5. The subjects of international law; 6. The international protection of human rights; 7. Individual criminal responsibility in international law; 8. Recognition; 9. Territory; 10. The law of the sea; 11. Jurisdiction; 12. Immunities from jurisdiction; 13. State responsibility; 14. International environment law; 15. The law of treaties; 16. State succession; 17. The settlement of disputes by peaceful means; 18. The international court of justice; 19. International law and the use of force by states; 20. International humanitarian law; 21. The united nations; 22. International organisations.

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Book SynopsisWritten by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes rTrade Review'The book is written in a straightforward and slightly provocative style - one may refer to it as 'Dutch directness'. This makes the book a great pleasure to read. The many rhetorical and unanswered questions raised throughout the book provoke the reader to reflect critically on the materials and doctrine provided therein. Klabbers dishes up the usual materials, and he does sketch the doctrines, like all other textbooks, but then he leaves it up to the reader to draw the conclusions … By distancing itself from today's immediate challenges, the book shows the reader that international law does more than simply chase after such events, always arriving too late to make a difference.' Otto Spijkers, Professor of International Law at the China Institute of Boundary and Ocean Studies (CIBOS), Wuhan University, China'No-one is better at explaining the nuance of international law while keeping an eye squarely on the details than Jan Klabbers. This new edition of his groundbreaking textbook is a terrific update to an essential book. The book charts the theories and assumptions that make up the international legal system while telling engaging stories about the histories and cases that constitute its practice. The combination is readable, informative, and unmatched among international law textbooks.' Ian Hurd, Professor of Political Science and Director of the Weinberg College Center for International and Area Studies, Northwestern University'The new edition of this textbook offers well-organised and updated reading material, always with the author's signature combination of systemic rigour and political sensibility, liveliness and academic thoroughness. The textbook is highly recommended for an intelligent and contextualised introduction to international law.' Catherine Brölmann, Associate Professor of international law, Department of International Law, University of Amsterdam'Refreshing and argumentative, but also clear and concise - this textbook is a must for those wanting to combine the acquisition of knowledge with a deeper appreciation of the disagreements and controversies that abound in International Law.' Nigel White, School of Law, University of NottinghamTable of ContentsPart I. The Structure of International Law: 1. The Setting of International Law; 2. The Making of International Law; 3. The Law of Treaties; 4. The Subjects of International Law; 5. Jurisdiction, Powers, and Immunities; 6. The Individual in International Law, including Human Rights; 7. The Law of Responsibility; 8. International Courts and Tribunals; 9. Sanctions, Countermeasures, and Collective Security; Part II. The Substance of International Law: 10. Use of Force; 11. The Law of Armed Conflict; 12. International Criminal Law; 13. The Seas, the Air, and Outer Space; 14. Protecting the Environment; 15. The Global Economy; Part III. The Surroundings of International Law: 16. Domestic Courts and their Relationship with International Law; 17. The Politics and Ethics of International Law and Global Governance; 18. By way of Conclusion.

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Book SynopsisThe Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as ''encounters'' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of ''interaction or imposition'' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled People in Portrait, which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht.The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.Trade ReviewThe Handbook on the History of International Law is an excellent and up-to-date contribution to a broad topic that has increasingly attracted the interest of academia in the last years. The editors certainly succeeded in bringing together a broad range of renowned experts on the various fi elds covered. It certainly deserves its place in the bookshelves of any international lawyers library. * Ralph Janik, Austrian Review of International and European Law Online *Shelley's interlocutor in Ozymandias paints a bleak picture of the fate which has befallen the Pharaoh's statue: 'Nothing beside remains. Round the decay / Of that colossal wreck, boundless and bare / The lone and level sands stretch far away ' ... Thanks to interventions such as those organised by Fassbender and Peters in this excellent volume, the historians of international law need not fear such a fate befalling their discipline-indeed, its future has never seemed brighter or more vibrant. * Cameron A. Miles, The British Yearbook of International Law *By any measure, the book is a substantial achievement, and it will be widely and rewardingly consulted for many years to come. * Jacob Katz Cogan, University of Cincinnati, American Journal of International Law *Impressive and timely volume * Rose Parfitt, Global Law Books *The volume does a marvelous job of hemming the topic in, but pays a price for its breadth and the erudition of its contributors by leaving the reader ungratefully greedy for further contextualization and (historical) policy detail - sparking this hunger in the reader though is a true vindication of a handbook of this sort. * Wouter P. F. Schmit Jongbloed, ASIL Cables *The Oxford Handbook of the History of International Law innovatively and comprehensively provides a timely and ambitious global history of international law from the sixteenth century to the mid-twentieth century. Under the skilled editorship of Bardo Fassbender and Anne Peters, the contributors, experts who themselves come from all parts of the world, present a history that imagines international law as the product of different regions, cultures, actors, and eras. Setting a new agenda for the field, the Handbook will be the indispensable starting point for students and researchers exploring the history of international law. * ASIL Award Citation *There is no doubt that The Oxford Handbook of the History of International Law will become what editors and authors intended," the new standard reference work for the global history of international law," provides the reader with a broad spectrum of useful information on a high level which is not easily assembled. * Karl Heinz Ziegler, German Yearbook of International Law *Table of ContentsPART ONE: ACTORS; PART TWO: THEMES; PART THREE: REGIONS; I. AFRICA AND ARABIA; II. ASIA; III. THE AMERICAS AND THE CARIBBEAN; IV. EUROPE; V. ENCOUNTERS; PART FOUR: INTERACTION OR IMPOSITION; PART FIVE: METHODOLOGY AND THEORY; PART SIX: PEOPLE IN PORTRAIT

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Book SynopsisThe Handbook of International Humanitarian Law sets out a Black Letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.This updated and revised fourth edition, first published in 2021, takes account of the latest legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues including the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. Certain topics, such as the law of occupation, protection

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Book SynopsisThis newly revised and updated second edition of the Research Handbook on International Law and Terrorism provides a comprehensive overview of international counter-terrorism law and practice from the perspectives of human rights, the law of armed conflict, the law on use of force, and international criminal law. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field. Major controversies in the global legal response to terrorism are examined, including up-to-date analyses of the war on terror, drone strikes and targeted killings, torture and rendition, indefinite detention, military trials, and UN Security Council measures and sanctions. New topics for this edition are assessed, focusing on foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism. Exploring developments from before and after the terrorist attacks of 9/11, the Research Handbook also includes new analysis of contemporary threats such as Islamic State, and discusses the law of regional organizations and selected national practice. International law scholars and practitioners, as well as government and United Nations legal advisers, will find this an invaluable reference on a complex area of legal inquiry. It will also prove a critical read for academics and students in international relations, terrorism studies, security studies, war studies, and human rights.Trade Review'The second edition of the Research Handbook on International Law and Terrorism edited by Ben Saul belongs first on the desk and thereafter on the bookshelf of every academic or professional expert working on legal issues related to terrorism. Its 46 chapters by eminent scholars and practitioners cover almost all aspects of this complex area and provide useful guidance for anyone wishing to get a comprehensive picture of it, or to delve into any specific issue.' --Martin Scheinin, European University Institute, ItalyTable of ContentsContents: Preface xxiii PART I NORMATIVE FRAMEWORKS 1 The definition(s) of terrorism in international law 2 Marcello Di Filippo 2 Terrorism and customary international law 16 Kai Ambos and Anina Timmermann 3 Terrorism and the international law of state responsibility 31 Kimberley N Trapp 4 Aviation and international terrorism 47 Julie Atwell 5 Maritime terrorism in international law 60 Efthymios Papastavridis 6 Nuclear, chemical and biological terrorism in international law 80 David Fidler 7 The international law on terrorist financing 97 Ilias Bantekas 8 The International Convention for the Suppression of Terrorist Bombings 109 Samuel Witten 9 The draft United Nations Comprehensive Convention on International Terrorism 120 Amrith Rohan Perera 10 The legal nexus between terrorism and transnational crime 129 Ben Saul 11 Gender, counter-terrorism and international law 157 Jayne Huckerby 12 Islam, terrorism and international law 168 Javaid Rehman PART II TERRORISM AND CONFLICT 13 Terrorism and the international law on the use of force 180 Michael Wood 14 Terrorism and international humanitarian law 192 Ben Saul 15 Terrorism and the international law of occupation 210 David Kretzmer 16 Terrorism and targeted killings under international law 223 Emily Crawford 17 Foreign fighters, terrorism and counter-terrorism 239 Sandra Krähenmann 18 Military courts and terrorism: the 9/11 trial before the Guantanamo Bay Military Jurisdiction 256 Sharon Weill and Mitchell Robinson 19 Terrorism, war crimes and the International Criminal Court 271 Roberta Arnold 20 Terrorism and self-determination 285 Elizabeth Chadwick 21 Humanitarian action, development and terrorism 300 Andrej Zwitter PART III TERRORISM AND HUMAN RIGHTS 22 International human rights law and terrorism: an overview 314 Helen Duffy 23 Extraordinary rendition, counter-terrorism and international law 336 Silvia Borelli 24 Torture and counter-terrorism 354 Ben Saul and Mary Flanagan 25 Counter-terrorist detention and international human rights law 371 Fiona de Londras 26 Terrorism prosecutions and the right to a fair trial 384 Clive Walker 27 Terrorism and freedom of expression in international law 399 Yaël Ronen 28 Terrorism, surveillance and privacy 411 Simon Chesterman 29 Terrorism and international refugee law 423 Geoff Gilbert 30 Terrorism and migration law 436 Elspeth Guild 31 Special measures: terrorism and control orders 449 Andrew Lynch and Jessie Blackbourn 32 Judicial supervision of anti-terrorism laws in comparative democracies 465 Leah West and Craig Forcese 33 Redress for victims of terrorist acts in a deteriorating international political climate 479 Ilaria Bottigliero and Lyal S Sunga PART IV TERRORISM AND THE UNITED NATIONS SYSTEM 34 The United Nations General Assembly and terrorism 493 Jane Boulden 35 The role of the United Nations Global Counter-Terrorism Compact Task Force, the United Nations Office of Counter-Terrorism and its Counter-Terrorism Centre 506 Marc Porret 36 The role of the United Nations Office on Drugs and Crime’s Terrorism Prevention Branch 513 Mauro Miedico 37 United Nations measures to address the ‘root causes’ and ‘conditions conducive’ to terrorism, and to prevent violent extremism (PVE): 1972–2019 530 Ben Saul 38 The United Nations Security Council’s counter-terrorism ISIL (Da’esh) and Al-Qaida sanctions regime 550 Lisa Ginsborg 39 Security Council Resolution 1373: the cumbersome implementation of legislative acts 564 Luis Miguel Hinojosa-Martínez 40 The United Nations Special Tribunal for Lebanon: defining international terrorism 588 Guénaël Mettraux 41 Challenges in United Nations counter-terrorism coordination 600 James Cockayne PART V TERRORISM AND REGIONAL ORGANIZATIONS 42 The legal response to terrorism of the European Union and Council of Europe 614 Cian C Murphy 43 The legal response of the Organization of American States in combating terrorism 626 Mirko Sossai 44 The legal response to terrorism of the Organization of Islamic Cooperation 639 Katja Samuel 45 Counter-terrorism and pan-Africanism: from non-action to non-indifference 654 Martin Ewi and Anton Du Plessis 46 Regional legal responses to terrorism in Asia and the Pacific 669 Rohan Gunaratna and Gloria Cheung Index 686

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Book SynopsisComplete International Law is the only text, cases and materials book on international law. It is an introductory text which covers a wide range of extracts from primary and secondary materials which are combined with incisive author commentary.Trade ReviewAdemola Abass has succeeded in creating a book that is unique in its pedagogical approach and comprehensive coverage. * Times Higher Education *Review from previous edition One of the most comprehensive international law books on the market and the first to combine text, cases and materials. What makes it stand out is the ability of the author to simplify difficult concepts and make them easy to understand. * Ilias Bantekas, Professor of International Law, Brunel University *This text is the gateway to mastering international law. Professor Abass provides a thorough, in-depth, and student-friendly introduction to the subject. A compelling read. * Jean Allain, Reader in International Law, Queen's University, Belfast *Table of Contents1. International law in the modern context ; 2. Sources of international law ; 3. The law of treaties ; 4. Statehood and recognition in international law ; 5. International organizations ; 6. Territory and the law of the sea ; 7. Jurisdiction ; 8. Immunity ; 9. International law and municipal law ; 10. The law of use of force ; 11. Collective security ; 12. International humanitarian law ; 13. State responsibility ; 14. The settlement of international disputes ; 15. The International Court of Justice ; 16. International criminal law ; 17. International environmental law ; 18. International economic law ; 19. International human rights

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Book SynopsisInternational lawyer Philippe Sands has a unique insider''s view of the elites who govern our lives. His sensational revelations in Lawless World changed the political agenda overnight, forcing Tony Blair to publish damning mterial that he''d tried to hide.Now, in this updated edition with a shocking new chapter, you can get the full story of how the US and UK governments are riding roughshod over international agreements on human rights, war, torture and the environment - the very laws they put in place. Here sands looks at why global rules matter for all of us. And he powerfully makes the case for preserving them ... before justice becomes history.

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Book SynopsisVolume I introduces The Cambridge History of International Law series, offering a critical discussion of the development and current state of international law history writing across the world. Steering away from traditional Western historiography, this volume will interest scholars of international law across various disciplines.

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Book SynopsisIn Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL''s novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a ''coherentist'' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.Trade Review'Robinson's brilliant Justice in Extreme Cases has rehabilitated international criminal law using a deft combination of sophisticated philosophy, legal doctrine, and level-headed policy. In rediscovering the justice in international criminal justice, Robinson's book sails against the prevailing winds of an increasingly cynical discipline and takes the reader on a refreshing journey.' Jens David Ohlin, Vice Dean and Professor of Law, Cornell Law School'Darryl Robinson's important and compelling book marks a significant contribution to the literature on International Criminal Law. His rich and careful analysis is full of insights, providing a roadmap for better reasoned judicial opinions and welcome reforms that will re-commit the law to fundamental principles of justice.' Alexander K. A. Greenawalt, Professor of Law, Elisabeth Haub School of Law at Pace University'Drumbl produced a generation of expressivists, and Robinson is poised to create a generation of deontic cosmopolitan coherentists. Justice in Extreme Cases provides an eminently humane and sensible view of international criminal legal theory and offers a look at the theory in action with a compelling analysis of command responsibility. Anyone working in (or even just interested in) international criminal law should read this book.' Caroline L. Davidson, Professor of Law, Willamette University, College of Law'This well-reasoned, bountifully sourced, and exceptionally insightful book … If … you are interested in some challenging thinking that questions orthodoxies … and if you are in search of a new way of thinking about the interpretation and application of ICL, then Justice in Extreme Cases - Criminal Law Theory Meets International Criminal Law delivers.' Michael G. Karnavas, michaelgkarnavas.net'This is a very significant contribution to the theory of international criminal law (ICL) … by … a prominent member of the Canadian Government's team that worked on the ICC negotiations …Robinson sets out his … appealing jurisprudential stance for approaching such questions [and] weighs in persuasively on a matter of great significance.' Roger S. Clark, Criminal Law ForumDarryl Robinson has firmly established himself as a leading and original theorist in the area of international criminal law (ICL). Robinson's book has received widespread and justified praise…. [T]here is no aspect of ICL that could not be improved by adopting Robinson's approach to legal theory. Joseph Rikhof, Canadian Yearbook of International Law/Annuaire canadien de droit internationalTable of ContentsAcknowledgements; Cases and Authorities; List of Abbreviations; Part I. Introduction and Problem: 1. Introduction; 2. The Identity Crisis of International Criminal Law; Part II. Proposed Solution: 3. The Humanity of Criminal Justice; 4. Fundamentals without Foundations; 5. Criminal Law Theory in Extremis; Part III. Illustration through Application: 6. An Unresolved Contradiction; 7. The Outer Limits of Culpability; 8. The Genius of Command Responsibility; 9. Horizons: The Future of the Justice Conversation; Judgment; Glossary of Selected Terms; Bibliography; Index.

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Book SynopsisDo states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee''s journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway''s incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book''s analysis to responding to the hard facts of refugee life on the ground.Trade ReviewPraise for the First Edition: '… painstakingly researched, cogently argued, and beautifully written … An instant classic on the topic of refugee rights.' Penelope Mathew, American Journal of International LawPraise for the First Edition: '… the authoritative comprehensive commentary of the Convention. As usual, the strength of Hathaway's approach lies in the precision of his legal analysis.' Catherine Phuong, Human Rights Law ReviewPraise for the First Edition: 'If there is one book in the area of international refugee law of which it can be properly said that it is indispensable for everybody, working either in practice or academically with international refugee law, it is this new book by Hathaway … It will remain for a long time the fundamental opus of international refugee law.' Kay Hailbronner, International Journal of Refugee Law'… impressive and well-researched … For those interested in the rights of refugees under international law, it would be surprising if there were any authors who had given this topic more detailed consideration than Professor Hathaway.' Paul Keeley, Law Society GazetteTable of ContentsIntroduction; 1. The evolution of the refugee rights regime; 2. An interactive approach to interpreting refugee rights; 3. The structure of entitlement under the refugee convention; 4. Rights of refugees physically present; 5. Rights of refugees lawfully or habitually present; 6. Rights of refugees lawfully staying; 7. Rights of solution; Appendices; Select bibliography; Index.

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Book SynopsisThe first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU’s powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a ‘text, cases and materials’ approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors’ commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled ‘The Big Picture of EU External Relations Law’, which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.Trade ReviewAn excellent text, especially for his 'text, cases and materials' approach. I will use it for classroom activities. -- Adele Del Guercio, Professor of EU External Relations Law * University of Naples L'Orientale *Table of Contents1. The European Union as a Global Legal Actor Ramses A Wessel (University of Groningen) and Joris Larik (Leiden University) 2. Principles of EU External Action Anne Thies (University of Reading) 3. EU External Competence Andrea Ott (Maastricht University) 4. Instruments of EU External Action Joris Larik (Leiden University) and Ramses A Wessel (University of Groningen) 5. The EU and International Law Ramses A Wessel (University of Groningen) 6. The EU and International Institutions Jed Odermatt (City, University of London) 7. Common Commercial Policy Joris Larik (Leiden University) 8. EU Development Policy Morten Broberg (University of Copenhagen) 9. Common Foreign, Security and Defence Policy Ramses A Wessel (University of Groningen) 10. EU External Human Rights Policy Laurent Pech and Joelle Grogan (Middlesex University London) 11. EU External Environmental Policy Gracia Marín Durán (University College London) 12. The External Dimension of the Area of Freedom, Security and Justice Claudio Matera (University of Twente) 13. The EU and its Neighbours Peter Van Elsuwege (Ghent University) 14. The External Dimension of Joining and Leaving the EU Joris Larik (Leiden University), Peter Van Elsuwege (Ghent University) and Bart Van Vooren (Covington)

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Book SynopsisFor the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law.Constitutional law, in contrast, has seldom been subject to the same doubts, or fully

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Book SynopsisBusiness and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world.This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of iTable of Contents1: Development of Business and Human Rights Law 2: International Law and Business 3: International Regulation of Business about Human Rights Issues 4: State Obligations about Business and Human Rights 5: Corporate Responsibilities and Human Rights Due Diligence 6: Access to Remedies for Victims 7: National Regulation of International Human Rights Responsibilities of Business 8: Future Developments in Business and Human Rights Law 9: Conclusions: International Law, Business and Human Rights

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Book SynopsisRecovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people''s sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan''s Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. FocusingTrade ReviewDr Kolawole Olaniyan, a seasoned legal guru and anticorruption and human rights lawyer, has meticulously explored the important issues of ownership of proceeds of corruption and highlighted the inadequacies in the current legal rules and implementation mechanisms on asset recovery... Dr Olaniyan's book makes a compelling case for why the global efforts to prevent and combat corruption and advance human rights must be reinvigorated, refreshed, and revised to meet contemporary challenges. The book could not have arrived at a better time. This unique and important book is a great resource which should be embraced by all stakeholders; its scope is remarkable, and the suggested remedies could change the narrative in asset recovery. * Charity Hanene Nchimunya, Executive Secretary, African Union Advisory Board against Corruption, Arusha, Tanzania *The global fight against corruption can only be effective when upon eventual recovery of its proceeds, the owners (the people) become real beneficiaries. In its absence, the fight will continue to be a rhetorical sing-song, rather deafening with no soothing sound to the victims. While identifying the complex legal and practical challenges to asset recovery, Dr Olaniyan characteristically proffers well-thought-out suggestions for reforms which if implemented will be a welcome relief to victims denied of their natural wealth and resources...For this treatise, Dr Olaniyan deserves our applause. All victims of corruption are indeed indebted. * H E Dupe Atoki, ECOWAS Court of Justice; Former Chairperson, African Commission on Human and Peoples' Rights *The recognition that corruption in all its forms is a major obstacle to development and enjoyment of human rights is well and long documented in literature...Recognition, however, is not necessarily followed by the development of effective legal rules and mechanisms. Finally, Kolawole Olaniyan, an astute scholar and experienced practitioner on anticorruption and human rights law issues, has come up with an excellent and important analysis of the understanding of the complex issues of corruption, asset recovery and human rights. * Juan E Mendez, Professor of Human Rights Law in Residence, American University Washington College of Law; Commissioner, International Commission of Jurists; Former UN Special Rapporteur on Torture (2010-2016) *In Ownership of Proceeds of Corruption in International Law, Dr Kolawole Olaniyan raises provocative questions that entities and individuals in the space of preventing and combatting all forms of corruption in domestic and international jurisdictions need to think deeply about...This timely book breaks new grounds and would be a very useful resource to scholars, private sector actors, and policy makers alike. * Professor Vincent O. Nmehielle, Secretary General, African Development Bank Group *This book offers an original academic but also practitioner perspective on the interplay between the legal rules on asset recovery and human rights law. Dr Olaniyan innovatively applies an international human rights law framework to issues of ownership of proceeds of corruption and in so doing advances the idea of access of victims to effective remedies. * Professor Rachel Murray, Director, Human Rights Implementation Centre, University of Bristol Law School *Table of ContentsPart I: Conceptual Frameworks 1: Introduction 2: Concepts and Theories 3: Links between Corruption in the Public Sector and Private Sector Part II: Legal and Institutional Frameworks 4: International Legal Rules on Proceeds Deriving from Corruption and Main Legal Challenges 5: Institutional Frameworks 6: International Cooperation and Assistance Part III: Towards a Coherent Foundation for Justice and Remedies for Victims of Corruption 7: Justice and Remedies for Victims of Corruption 8: Conclusions: Sovereign and Ownership Rights of Proceeds Deriving from Corruption: Suggestions for Reforms

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Book SynopsisThis thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for ''exponential inequalities'' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.Trade ReviewIt is an informative and meaningful read for students, scholars and policy makers who are seeking to address inequalities. * Shaid Parveen, Associate Dean for Enterprise and External Engagement and Senior Teaching Fellow, Aston University. *Table of ContentsDavid B. Oppenheimer: Foreword 1: Shreya Atrey and Sandra Fredman: Introduction - Exponential Inequalities: What Can Equality Law Do? I. UNDERSTANDING EXPONENTIAL INEQUALITIES 2: Aleta Sprague, Amy Raub, and Jody Heymann: Protecting Workers' Equal Rights During Crisis and Recovery: Constitutional Approaches in 193 Countries 3: Diane Elson and Marion Sharples: Addressing Intersecting Inequalities Through Alternative Economic Strategies 4: Aaron Reeves, Kate Andersen, Mary Reader, and Rosalie Warnock: Social Security, Exponential Inequalities, and COVID-19: How Welfare Reform in the UK Left Larger Families Exposed to the Scarring Effects of the Pandemic 5: Meghan Campbell: The Proportionality of an Economic Crisis 6: Kelley Loper: Intersecting Crises and Exponential Inequalities: The View from Hong Kong II. ADDRESSING EXPONENTIAL INEQUALITIES Section A: Comparative and International Law 7: Colm O'Cinneide: New Directions Needed: Exponential Inequalities and the Limits of Equality Law 8: Mark Bell: More than an Afterthought? Equality Law in Ireland During the Pandemic 9: Jessica A Clarke: A Public Policy Approach to Inequality 10: Beth Gaze: Responding to Exponential Inequalities in Australia: Beyond the Limits of Equality and Discrimination Law 11: Helena Alviar García: The Interaction of Laws Enabling Gender Equality with Other Legal Regimes: Limiting Progress in Times of Crisis 12: Catherine O'Regan: Equal Access to Vaccines: Exposing the Limits of International Human Rights Law? Section B: Vulnerable Groups 13: Alysia Blackham: A Life Course Approach to Addressing Exponential Inequalities: Age, Gender, and COVID-19 14: Anna Lawson and Lisa Waddington: Disability in Times of Emergency: Exponential Inequality and the Role of Reasonable Accommodation Duties 15: Jule Mulder: Remote Working, Working from Home and EU Sex-Discrimination Law 16: Marta Machado and Taís Penteado: COVID-19 and Exponential Reproductive Rights-related Inequalities in Brazil 17: Aparna Chandra: A Life of Contradictions: Group Inequality and Socio-Economic Rights in the Indian Constitution 18: Victoria Miyandazi: An Equality-Sensitive Approach to Delivering Socio-Economic Rights During Crises: A Focus on Kenya 19: Catherine Albertyn: The Role of Equality Law in Expanding Access to Social Goods and Services in South Africa: Lessons after the Pandemic

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Book SynopsisThe implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU''s complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration''s dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have over the last half-century developed to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands, Professor Lindseth lays the foundation for a better understanding of the administrative, not constitutional nature of European governance going forward.Trade Review...this book is a major contribution to the history of European integration...a major accomplishment of historical literature, well written, original and though provoking. This is simply mandatory reading for any scholar of European integration history. * Morten Rasmussen, University of Copenhagen *Table of ContentsPreface Citation Forms Abbreviations Introduction: Reconciling Europe and the Nation-State Representative Government, Democratic Legitimacy, and "Europe" Administrative Governance and the Distinction between Control and Legitimation of Regulatory Power National Legitimation and the Administrative Character of European Governance 1 Situating the Argument: Legal History, Institutional Change, and Integration Theory 1.1 Administrative Governance as an Alternative Analytical Framework 1.2 Delegation as a Normative-Legal Principle 1.3 The Importance of National Antecedents 2 The Interwar Crisis and the Postwar Constitutional Settlement of Administrative Governance 2.1 The Crisis of Parliamentary Democracy and Lessons Learned 2.2 Elements of the Postwar Constitutional Settlement Delegation and the Legislative Function Redefined Technocracy and the Leadership of the National Executive Courts as Commitment Mechanisms: Collective Democracy and Individual Rights 2.3 Mediated Legitimacy and the Conditions for Constitutional Stability in the Two Postwar Eras 3 Supranational Delegation and National Executive Leadership since the 1950s 3.1 A "New Deal" for Europe?: Technocratic Autonomy, the Treaty of Paris, and a National Executive Role 3.2 Toward National Executive Control?: Negotiating the Treaty of Rome 3.3 From Control to Oversight: the Luxembourg Compromise, the European Council, and Beyond 4 Supranational Delegation and National Judicial Review since the 1960s 4.1 The European Court of Justice and Judicially Sanctioned "Spill-over" 4.2 Defining National Judicial Deference to Supranational Delegation, 1960s-1980s 4.3 Defining the Limits of Strong Deference: Kompetenz-Kompetenz in the Constitutional Politics and Jurisprudence of the Last Two Decades 5 Supranational Delegation and National Parliamentary Scrutiny since the 1970s 5.1 The Pivotal Change: Subsidiarity and the Expansion of Supranational Regulatory Power after 1986 5.2 The Institutionalization of National Parliamentary Scrutiny under National Law since the 1970s 5.3 Toward a "Polycentric" Constitutional Settlement: National Parliaments and Subsidiarity under Supranational Law in the 2000s Conclusion: The Challenge of Legitimizing "Europeanized" Administrative Governance Beyond Delegation?: Density, Democracy, and Polycentric Constitutionalism Legitimation and Control Revisited: Toward a European Conflicts Tribunal? Sovereignty, the Nation-State, and Integration History Bibliography

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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 SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditionaTrade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions

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Book SynopsisCovering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It looks at the origins of the field of law and economics, tracks the field''s progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.Table of Contents1: Gary Becker and Richard Posner: The Future of Law and Economics Part 1. Methodology and Foundations 2: Thomas J. Miceli: Economic Models of Law 3: Jonah B. Gelbach and Jonathan Klick: Empirical Law and Economics 4: Christine Jolls: Bounded Rationality, Behavioral Economics, and the Law 5: Sean P. Sullivan and Charles A. Holt: Experimental Economics and the Law 6: Tess Wilkinson-Ryan: Experimental Psychology and the Law 7: Janice Nadler and Pam A. Mueller: Social Psychology and the Law 8: Georg von Wangenheim: Evolutionary Law and Economics 9: Daniel A. Farber: Public Choice Theory and Legal Institutions 10: Stefan Voigt: Constitutional Economics and the Law 11: Emerson H. Tiller: Law, Economics, and Positive Political Theory 12: Georg Vanberg and Viktor Vanberg: Contractarian Perspectives in Law and Economics 13: Shruti Rajagopalan and Mario J. Rizzo: Austrian Perspectives in Law and Economics 14: Brian H. Bix: Moral Philosophy and Law and Economics 15: David M. Driesen and Robin Paul Malloy: Critiques of Law and Economics Part II. Concepts and Tools 16: Chris William Sanchirico: Income Redistribution through the Law 17: Richard O. Zerbe: Cost-Benefit Analysis in Legal Decision-Making 18: John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur: Well-Being and Public Policy 19: Tom R. Tyler: Value-Driven Behavior and the Law 20: Donald Wittman: Ex Ante vs. Ex Post 21: Giuseppe Dari-Mattiacci and Gerrit DeGeest: Carrots vs. Sticks 22: Emanuela Carbonara: Law and Social Norms 23: Werner Güth: Mechanism Design and the Law 24: Shmuel Nitzan and Jacob Paroush: Collective Decision Making and Jury Theorems

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Book SynopsisThe Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.Table of Contents1: Dieter Fleck: Introduction 2: Mary Ellen O'Connell: Historical Developments and Legal Basis 3: Jann K. Kleffner: Scope of Application of International Humanitarian Law 4: Nobuo Hayashi: General Principles of International Humanitarian Law 5: Knut Ipsen: Combatants and Non-Combatants 6: Marco Longobardo and Dieter Fleck: Means of Combat 7: Stefan Oeter: Methods of Combat 8: Knut Dörmann: Protection of Civilians 9: Knut Dörmann and Sylvain Vité: Occupation 10: Michael Bothe: Protection of the Environment in Relation to Armed Conflicts 11: Knut Dörmann and Tristan Ferraro: Humanitarian Assistance 12: Jann K. Kleffner with Wolff Heintschel von Heinegg: Protection of the Wounded, Sick, and Shipwrecked 13: Sandra Krähenmann: Protection of Prisoners in Armed Conflict 14: Jann K. Kleffner: Human Rights in Armed Conflct 15: Nilendra Kumar: Protection of Religious Personnel 16: Roger O'Keefe: Protection of Cultural Property 17: Wolff Heintschel von Heinegg: The Law of Armed Conflict at Sea 18: Michael Bothe: The Law of Neutrality 19: Dieter Fleck: The Law of Non-International Armed Conflict 20: Ben F. Klappe: The Law of International Peace Operations 21: Silja Vöneky: Implementation and Enforcement of International Humanitarian Law Annex: Distinctive Emblems

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Book SynopsisCurrent histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law?Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course.This rich volume calls for a critical identification of the formal and informal institutional practices, norms, Trade ReviewWhat an imaginatively assembled collection of essays. Overflowing with engrossing vignettes and unexpected characters, this is international law but not as we know it. No less than a re-writing and upending of international legal history. And seriously pleasurable! * Gerry Simpson, Professor of International Law, London School of Economics *Immi Tallgren has produced one of the most creative edited volumes in the history of international law and international relations that I have seen. This is a remarkable achievement, a field-defining piece of work. * Patricia Owens, Professor of International Relations, University of Oxford *Anyone curious about the lives and work of our mothers in the law will find these individual essays interesting and illuminating. * Susan McFadden, Solicitor and US lawyer, retired from the London-based US immigration firm Gudeon & McFadden., Law Society Gazette *Table of ContentsKaren Knop: Foreword: Looking at Portraits I. OPENING THE EXHIBITION 1: Immi Tallgren: Re-curating the Portrait Gallery of International Law: The Objectives, Process, and Floorplan of the Exhibition II. THE VESTIBULE OF THE LEGENDARY ANCIENTS 2: Franck Latty: Christine de Pizan: The Law of Warfare as Seen by a Medieval Woman 3: Anne Lagerwall and Agatha Verdebout: Olympe de Gouges: Beyond the Symbol 4: Deborah Whitehall: The Reign of Order and the Rights of Siege According to Rosa Luxemburg 5: Henk Nellen: Maria van Reigersberch: Wife of Hugo Grotius III. FIGUREHEADS OF FIGHTING FOR PEACE 6: Janne E. Nijman: Bertha von Suttner: Locating International Law in Novel and Salon 7: Kate Grady and Gina Heathcote: Jane Addams: Positive Peace from the Everyday to the International IV. THE WINTER GARDEN OF ABOLITION AND RESISTANCE: WOMEN AGAINST SLAVERY, RACISM AND IMPERIALISM 8: Christopher Gevers: Anna Julia Cooper: A Voice from the (Global) South 9: Sarah Riley Case: Homelands of Mary Ann Shadd 10: Vasuki Nesiah: Avabai Wadia: A Gentle Rebel of (Other) Nations? V. THE HALL OF DIVERSITY OF FEMINIST ACTIVISM IN INTERNATIONAL LAW 11: Frédéric Mégret: Ghénia Avril de Sainte-Croix: Abolitionism and the League of Nations 12: Keina Yoshida: Yayori Matsui: Challenging the Silences of International Law through Pan Asian Feminist Solidarity 13: Michael Addaney: Canonizing the Memory of Annie Ruth Jiagge in the Global Efforts Toward Gender Equality VI. THE HALL OF WOMEN FOR SOCIAL AND ECONOMIC DEVELOPMENT BY INTERNATIONAL LAW: A NORDIC DREAM? 14: Anne Orford: Alva Myrdal: The Rise and Fall of Social Democratic Internationalism 15: Miriam Bak Mackenna: Ester Boserup: Women and Development on the Margins 16: Raimo Lintonen: Helvi Sipilä: Advocating Women's Rights at the UN VII. THE BREAKERS OF THE GLASS CEILING: THE 'FIRST AND ONLY' IN INTERNATIONAL INSTITUTIONS 17: Immi Tallgren and Antoine Buchet: Suzanne Bastid: The First of the 'Firsts' 18: Boyd van Dijk: Marguerite Frick-Cramer: A Life Spent Shaping the Geneva Conventions 19: Parvathi Menon: Vijayalakshmi Pandit: Gendering and Racing against the Postcolonial Predicament 20: Jan Klabbers: The Timing of Felice Morgenstern 21: Ana Caldeira Fouto, António Pedro Barbas Homem, and Pedro Caridade de Freitas: Paula Escarameia: Envisioning the Humane Face of International Law in the Twenty-first Century VIII. THE OTHER GROUP PICTURES IN INTERNATIONAL LAW 22: Roxana Banu: Forgotten Female Actors in Private International Law: The International Social Service 23: Benjamin Auberer: Female Staff in the Legal Section of the League of Nations 24: Bérénice K. Schramm: The 'Indigenous Women' Behind the 'Other' Beijing Declaration 25: Anna van der Velde: The Women's Caucus for Gender Justice: Writing Gender into International Criminal Law IX. THE MISSING FACES OF THE FACULTY CORRIDORS 26: Imogen Saunders: Sarah Wambaugh: Life at the Frontiers of International Law 27: Alexandra Kemmerer: Exile and Access: Lilly Melchior Roberts and the Infrastructures of International Law 28: Serena Forlati: Lea Meriggi: A Fighter For the Wrong Cause 29: Christiaan Verwer and Anna van der Velde: Isabella Diederiks-Verschoor: (A Life) Creating Spaces 30: Sarah MH Nouwen and Wouter Werner: Gezina van der Molen: A Journey from Universalism to Pluralism 31: Sara Seck: Elisabeth Mann Borgese: Ecology, Relationality, and Law of the Sea 32: Reut Paz: Marie Theres Fögen: The Universalization of a Rotten Deal 33: Marilena Papadaki: Kalliopi Koufa: First Greek Female Academic of Public International Law X. THE ROOF-TOP GALLERY OF DIPLOMACY AND INTERNATIONAL RELATIONS 34: Shinya Murase: Thomas Baty in Japan: Seeing through the Twilight 35: Margaret Kuo: Zheng Yuxiu and the Diplomacy of Nationalism and Feminism 36: Hatsue Shinohara: Marjorie M. Whiteman: Not Flowers but a Medal 37: Sergey Vasiliev: Aleksandra Kollontai: 'New Woman' 38: Andrei Mamolea: The Role of International Law in Paulina Luisi's Activism 39: Luiza Le=ao Soares Pereira: Working from 'Rooms of Their Own': For a Realistic Portrait of Joyce Gutteridge CBE and Other Trailblazing Women XI. PORTRAITS OF ARTISTS, JOURNALISTS AND VISIONARIES OF INTERNATIONAL LAW 40: Outi Korhonen: "If Only They Listened to Simone Weil": From Rights to Roots 41: Ksenia Shestakova: Helene Halperin-Ginsburg: The Social Function of International Law 42: Mai Taha: Human Rights and Communist Internationalism: On Inji Aflatoun and the Surrealists 43: Dianne Otto: Fearless Speech: A Portrait of UN Typist Shirley Hazzard Hilary Charlesworth: Epilogue: Exit through the Gift Shop

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Book SynopsisThis book offers unique coverage of essential cases and materials on UK and EC competition law, providing students with a solid basis for understanding. Notes and questions test readers' progress, and a table of abbreviations and glossary of terms consolidate learning.Table of Contents1. Competition law and policy ; 2. UK enforcement ; 3. EC enforcement ; 4. Private enforcement ; 5. Competition law and policy in global markets ; 6. Control of anti-competitive agreements in the UK ; 7. Article 81 EC ; 8. Vertical restraints ; 9. Cartels and leniency ; 10. Article 82 EC ; 11. UK 'monopoly' control ; 12. EC merger control ; 13. UK merger control ; 14. State aid and state regulation

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Book SynopsisThe seventh edition of Textbook on International Law offers students new to the subject a concise and focused introduction to the essential topics of an international law course. Dixon brings the subject to life with the use of topical examples to illustrate key concepts.Table of Contents1. The nature of international law and the international system ; 2. The sources of international law ; 3. The law of treaties ; 4. International law and national law ; 5. Personality, statehood and recognition ; 6. Jurisdiction and sovereignty ; 7. Immunities from national jurisdiction ; 8. The law of the sea ; 9. State responsibility ; 10. The peaceful settlement of disputes ; 11. The use of force ; 12. Human rights

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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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Book SynopsisThis book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject.The book is split into five parts:â The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement.â The key instruments and governance arrangements across the mTable of Contents1. An Introduction To International Environmental Law; 2. Principles, Standards And Voluntary Commitments In IEL; 3. Sustainable Development Law; 4. Compliance, State Responsibility And Liability; 5. Information, Public Participation And Access To Justice In Environmental Matters; 6. Constitutional Environmental Rights, And Rights For The Environment; 7. International Environmental Law Dispute Settlement; 8. Biodiversity, Bio-Security And Bio-Prospecting; 9. International Wildlife Law; 10. International Freshwater Law; 11. Soils, Forestry And Deforestation In International Environmental Law; 12. Fisheries Law; 13. Marine Environmental Protection Law; 14. The Regulation Of Chemicals And Hazardous Waste; 15. Atmospheric And Air Pollution; 16. International Environmental Law And Climate Change; 17. European Environmental Law; 18. Canada, The Us And International Environmental Law; 19. International Environmental Law In Latin America; 20. Africa And International Environmental Law; 21. South-East Asian Regional Environmental Legal Governance And Asean; 22. International Environmental Law And Small Island States; 23. Polar Law And Good Governance; 24. Human Rights And International Environmental Law; 25. The Collective Rights Of Indigenous Peoples And Environmental Destruction; 26. Trade And Environment; 27. International Environmental Law, Financing And Investment; 28. Crime And Environment; 29. Technology As A Tool For Implementation, Compliance And Enforcement; 30. Nuclear Energy And International Environmental Law: Points Of Intersection And Integration; 31. Protection Of The Environment During Armed Conflict And Post-Conflict; 32. Global Plastic Pollution: Curbing Single Use Plastic Production; 33. Climate Migration; 34. Climate Law, Environmental Law, And The Schism Ahead; 35. Future Directions For International Environmental Law

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Book SynopsisThe international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particulaTable of ContentsForeword, Michael Reisman. Presentation, Math Noortmann 1. Introduction – Non-State Actors in International Law: Oscillating Between Concepts and Dynamics, Jean d’Aspremont Part I: Theoretical Perspectives 2. Non-State Actors from the Perspective of Legal Positivism: the Communitarian Semantics for the Secondary Rules of International Law, Jean d‘Aspremont 3. Non-State Actors from an International Constitutionalist Perspective: Participation matters!, Thomas Kleinlein 4. Non-State Actors from the Perspective of a Pure Theory of Law, Jörg Kammerhofer 5. Non-State Actors from the Perspective of the Policy Oriented School: Power, Law, Actors and the View from New Haven, Antony d’Amato 6. Towards an Interdisciplinary Approach to Non-State Participation in the Formation of Global Law and Order, Math Noortmann Part II: The Regional Perspectives 7. Non-State Actors in French Legal Scholarship: International Legal Personality’ in Question, Nicolas Leroux 8. Non-State Actors in North American Legal Scholarship: Four Lessons for the Progressive and Critical International Lawyer, Rémi Bachand 9. Non-state Actors in Southeast Asia: How does Civil Society Contribute Towards Norm-building in a State-centric Environment?, Hsien-Li Teresa 10. Contemporary Russian Perspectives on Non-State Actors: Fear of the Loss of State Sovereignty, Lauri Mälksoo Part III: Institutional Perspectives 11. Non-State Actors from the Perspective of the International Court of Justice, Gleider I. Hernández 12. Non-State Actors from the Perspective of the International Law Commission, Gentian Zyberi 13. Non-State Actors from the Perspective of the Institut de Droit international, François Rigaux 14.Non-State Actors from the Perspective of International Criminal Tribunals, Guido Acquaviva 15. Non-State Actors from the Perspective of the International Committee of the Red Cross, Raphaël van Steenberghe 16. The International Law Association and Non-State Actors, Math Noortmann 17. NGO’s Perspectives on Non-State Actors, Gaëlle Breton-Le Goff Part IV: Subject matter-based perspectives 18. Non-State Actors and Human Rights: Corporate Responsibility and the Attempts to Formalize the Role of Corporations as Participants in the International Legal System, Eric de Brabandere 19. Non-State Actors in International Humanitarian Law, Cedric Ryngaert 20. Non-State Actors in International Criminal Law, Cassandra Steer 21. Non-State Actors in International Institutional Law: Non-State, Inter-state or Supra-State? The Peculiar Identity of the Intergovernmental Organization in International Institutional Law, Richard Collins 22. Non-State Actors in International Peace and Security: Non-state actors and the Use of Force, Nicholas Tsagourias 23. Non-State Actors in International Dispute Settlement: Pragmatism in International Law, Eric de Brabandere 24. Non-State Actors in International Investment Law: To Be or Not To Be? The Legal Personality of Non-State Actors in International Investment Law, Patrick Dumberry and Érik Labelle-Eastaugh 25. Non-State Actors in International Environmental Law: A Rousseauist Perspective, Makane Mbengue 26. Non-State Actors in Refugee Law: L’Etat, c’est Moi. Refugee Law as a Response to Non State Action, Penelope Mathew 27. Non-State Actors in European Law: Enhanced Participation of Non-State Actors in EU Law-Making and Law-Enforcement Processes -- a Quest for Legitimacy, Damien Gerard 28. Conclusions : Inclusive Law-making and Law-enforcement Processes for an Exclusive International Legal System, Jean d’Aspremont

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Book SynopsisAims to bring together key features of toxicology and occupational hazards of pesticides and the way their use is regulated in trading regions of the world. This book also covers fungicides and herbicides, as well as specialised agents such as microbial pesticides.Trade Review"Toxicologists, toxicologic pathologists, and others involved in the manufacture, use, and regulation of pesticides would be interested in this reference…" (Veterinary Pathology, July 2005) "...a good account of [the] properties and the effects of exposure...a superb bibliography..." (Bulletin of the Royal College of Pathologists, July 2004) "...impressed with the scope of the book...very up-to-date...an invaluable reference source..." (The British Toxicological Society, No. 24, Summer 2004) “…well researched and well organised.” (Applied Organometallic Chemistry, Vol 18 No 8 August 2004) “…an excellent resource for chemists and toxicologists in the pesticide industry, academia, pesticide regulators and regulatory affairs professionals.” (Chemistry and Industry, 18th October 2004) Table of ContentsPreface. List of Contributors. Frequently Used Abbreviations. Toxicity Classifications and Hazard Ratings. 1. Pesticides: An Overview of Fundamentals (Bryan Ballantyne & Timothy Marrs). PART I: INSECTICIDES. 2. Toxicology of Organochlorine Insecticides (Andrew G. Smith). 3. Anticholinesterase Insecticides (Charles M. Thompson and Rudy J. Richardson ). 4. Toxicology of Pyrethrins and Synthetic Pyrethroids (David E. Ray). 5. Toxicology of miscellaneous insecticides (Roland Solecki). PART II: FUNGICIDES, HERBICIDESM AND GROWTH REGULATORS. 6. Toxicology of Fungicides (Bryan Ballantyne). 7. Toxicology of Herbicides (Timothy C. Marrs). PART III: SPECIAL TYPES OF PESTICIDE. 8. Microbial Pesticides (Ian C. Dewhurst). 9. Biocides (Bryan Ballantyne and Susan L. Jordan). PART IV: RESIDUES. 10. Variability of Residues in Unprocessed Food Items and its Impact on Consumer Risk Assessment (Caroline A. Harris and Alan R. C. Hill). PART V: HUMAN ASPECTS. 11. Occupational Aspects of Pesticide Toxicity in Humans (Angelo Moretto). 12. Treatment of Pesticide Poisoning (Gregory P. Wedin and Blaine E. Benson). PART VI: REGULATION. 13. Regulation of Pesticides and Biocides in the European Union (Deborah J. Hussey and Graham M. Bell). 14. Regulation in NAFTA (Cheryl E. A. Chaffey and Virginia A. Dobozy). 15. The Regulatory System in Japan (Kannosuke Fujimori). Index.

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Book SynopsisOriginally published in 1958, the achievement of the text is that, rather than attempting to provide a treatise on the organisation of international law, or a systematic digest of decisions made, it finds its basis in an appraisal of the international judicial process as a factor in the development of the law.Table of ContentsPreface; Table of cases; Part I. The Law Behind the Cases: 1. The international court as an agency for developing international law; 2. The occasions for and the substance of judicial pronouncements; 3. The reasons behind the cases; 4. Judicial technique and the development of the law; Part II. Judicial Caution: 5. Manifestations of judicial caution; 6. Judicial restraint. The jurisdiction of the court; 7. Judicial hesitation. Preparatory work in the interpretation of treaties; 8. Appearance of judicial indecision; Part III. Judicial legislation; Introduction; 9. Judicial legislation through application of general principles of law; 10. Judicial legislation by reference to parallel developments in international law; 11. Judicial legislation on account of of absence of generally accepted law; 12. Judicial legislation and the jurisdiction of the court; 13. Judicial legislation and adjudication ex aequo et bono; Part IV. The Effectiveness of the Law: 14. The principle of effectiveness and the function of interpretation; 15. Effectiveness and finality of international settlement and adjudication; 16. Effectiveness of provisions conferring jurisdiction; 17. Effectiveness of equality clauses; 18. Effectiveness of international institutions and international organisation; 19. The limits of the principle of effectiveness; Part V. The Court and State Sovereignty; Section 1. Restraints upon Claims of Sovereignty: 20. In general; 21. The province of treaties; 22. State responsibility and the claims of sovereignty; 23. Wider aspects of sovereignty; 24. Conclusions; Section 2. Recognition of Claims of Sovereignty: 25. In general; 26. Problems of jurisdiction; 27. Sovereign freedom of action; 28. State sovereignty and customary international law; 29. Conclusion; Index.

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Book SynopsisThis second edition of the authoritative guide to the interpretation and application of genocide in international law reviews the drafting and interpretation of the 1948 Genocide Convention and considers the definition of genocide, forms of commission of the crime, defences to charges of genocide and responsibilities in terms of extradition.Table of Contents1. Origins of the legal prohibition of genocide; 2. Drafting of the Convention and subsequent normative developments; 3. Groups protected by the Convention; 4. The physical element or actus reus of genocide; 5. The mental element or mens rea of genocide; 6. 'Other acts' of genocide; 7. Defences to genocide; 8. Prosecution of genocide by international and domestic tribunals; 9. State responsibility and the role of the International Court of Justice; 10. Prevention of genocide; 11. Treaty law questions and the Convention; Appendix. The three principal drafts of the Convention.

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Book SynopsisCustom is simply the practices and usages of distinctive communities. But are such customs legally binding? Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated? This volume offers a fresh perspective on custom's enduring place in both domestic and international law.Trade Review"In comparing these diverse areas of law, this rich study draws on an impressive array of methodologies and disciplines, including anthropology, history, psychology, and economics. Although Professor Bederman’s vision of custom is familiar in many ways — he adheres to the traditional view that custom involves both objective and subjective components — his contribution is nonetheless significant in its delineation of the jurisprudential and practical factors that explain custom’s staying power." - Harvard Law ReviewTable of ContentsPart I. Customary Law in Perspective: 1. Anthropology: custom in pre-literate societies; 2. Culture: the western legal tradition of positivism; 3. History: the common law and custom; 4. Economics, socio-biology and psychology: the human impulse of custom; Part II. Custom in Domestic Legal Systems: 5. Family law; 6. Property; 7. Contracts; 8. Torts; 9. Constitutional law; Part III. Custom in International Law: 10. Private international law: international commercial usage; 11. Public international law: custom among nations; Conclusion: how and why custom endures.

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Book SynopsisThe expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labour law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.Trade Review‘This book, offers an outstanding collection of learned essays from over thirty expert contributors – including the editors – from top universities, government bodies and institutions worldwide. . . In this volume of almost 700 pages, there is much food for thought for the researcher and an almost endless supply of valuable references in the copious footnoting throughout. What a time saver! Additionally, there’s a detailed index of almost twenty-three pages at the back. From graduate students, to seasoned international practitioners, anyone involved in the often extremely difficult human rights issues generated by migration will appreciate the book’s practical as well as scholarly approach to this sensitive, diverse and increasingly complex area of law. The book therefore makes an important contribution to current literature on the subject.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘This comprehensive volume succeeds in its aim to solidify the place of international migration law as a distinctive field of study and intellectual engagement, and this book represents a must-read for any student, scholar, or policy-maker interested in the cutting edge and wide-ranging issues and topics within this burgeoning field.’ -- Michelle Foster, Journal of Refugee StudiesTable of ContentsContents: 1. The Transnational Movement of Persons under General International Law: Mapping the Customary Law Foundations of International Migration Law Vincent Chetail PART I: CONFRONTING REALITIES IN TIMES OF GLOBALISATION: THE MOVE OF PEOPLE AND STATE SOVEREIGNTY 2. Irregular Migration, State Sovereignty and the Rule of Law Catherine Dauvergne 3. National Security, Terrorism and the Securitization of Migration Idil Atak and François Crépeau 4. Extraterritorial Migration Control and the Reach of Human Rights Thomas Gammeltoft-Hansen 5. Smuggling and Trafficking of Human Beings Ryszard Piotriowicz 6. The Removal of Irregular Migrants in Europe and America Stephen H. Legomsky PART II: HUMAN RIGHTS, ALIENHOOD AND CITIZENSHIP: IDENTIFYING THE GLOBAL NORMATIVE FRAMEWORK 7. Detention of Migrants: Harsher Policies, Increasing International Law Protection Beth Lyon 8. Family Unity in Migration Law: The Evolution of a More Unified Approach in Europe Hélène Lambert 9. Migration and Discrimination: Non-Discrimination as Guardian against Arbitrariness or Driver of Integration? Wouter Vandenhole 10. Minority and Cultural Rights of Migrants Helen O’Nions 11. Diplomatic Protection and Consular Assistance of Migrants Annemarieke Vermeer-Künzli 12. Citizenship, Nationality, and Statelessness Peter J. Spiro PART III: INTERNATIONAL LAW AND THE FORGOTTEN REALITY OF MIGRANT WORKERS 13. United Nations Treaty Bodies and Migrant Workers David Weissbrodt and Justin Rhodes 14. Human Dignity or State Sovereignty? The Roadblocks to Full Realisation of the UN Migrant Workers Convention Lori A. Nessel 15. Economic Migration and Mode 4 of GATS Joel P. Trachtman 16. Labour Migration and the European Union Elspeth Guild PART IV: REFUGEES AND THE CHANGING PATTERN OF INTERNATIONAL PROTECTION 17. The Mandate of the Office of the United Nations High Commissioner for Refugees T. Alexander Aleinikoff 18. The Principle of Non-Refoulement in International Refugee Law Rebecca M.M. Wallace 19. The Asylum Procedures and the Assessment of Asylum Requests Jens Vedsted-Hansen 20. Persecution: Towards a Working Definition Hugo Storey 21. Exclusion under Article 1F since 2001: Two Steps Backwards, One Step Forward Geoff Gilbert 22. Subsidiary Protection and Other Alternative Forms of Protection Hemme Battjes 23. The Limitations of Voluntary Repatriation and Resettlement of Refugees Marjoleine Zieck PART V: INTERNALLY DISPLACED PERSONS AND THE NEW CHALLENGES OF FORCED MIGRATION 24. Protection of Internally Displaced Persons: National and International Responsibilities Roberta Cohen 25. The Guiding Principles on Internal Displacement and the Search for a Universal Framework of Protection for Internally Displaced Persons Walter Kälin 26. International Humanitarian Law and the Protection of Internally Displaced Persons Stephane Ojeda 27. The African Contribution to the Protection of Internally Displaced Persons: A Commentary on the 2009 Kampala Convention Moetsi Duchatellier and Catherine Phuong

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Book SynopsisThrough original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to an understanding of public international law, providing a bird’s eye view of some of its most fundamental elements from the perspective of economics.Trade ReviewInternational law grows more and more important as a way for countries to cooperate to solve pressing global problems. The innovative essays in this volume, by some of the leading experts in the field, illuminate the dynamics and uses of international law, showing the way forward for government officials, scholars, and students.' --Joel P. Trachtman, The Fletcher School of Law and Diplomacy, Tufts University'International law is a latecomer to law and economics, but if this volume is any indication, it has quickly caught up with the competition. The authors provide state-of-the-art overviews of numerous aspects of international law. Their insights will help lay the foundations for work in years to come.' --Eric Posner, University of Chicago Law SchoolTable of ContentsContents: PART I THE BUILDING BLOCKS OF INTERNATIONAL ORDER The Economics of International Law: An Introduction Eugene Kontorovich and Francesco Parisi 1. The Economics of Political Borders Enrico Spolaore 2. The Economics of State Emergence and Collapse Bridget L. Coggins with Ishita Kala 3. Economic Analysis of Territorial Sovereignty Abraham Bell PART II SOURCES OF LAW 4. The Economic Analysis of International Treaty Law Francesco Parisi and Daniel Pi 5. Soft Law Andrew T. Guzman and Timothy Meyer 6. The Emergence and Evolution of Customary International Law Francesco Parisi and Daniel Pi PART III ENFORCEMENT 7. Treaty Enforcement Paul B. Stephan 8. The Interaction Between Domestic and International Law Tom Ginsburg PART IV APPLICATIONS AND EXTENSIONS 9. Atrocity, Policy, and the Laws of War: What does Political Science have to say to Law? James D. Morrow 10. Behavioral Economic Analysis of International Law Anne van Aaken and Tomer Broude Index

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Book SynopsisMirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general.Trade Review‘This is an excellent book. Matthew Parish is an impressively qualified lawyer. . . it is perhaps only someone with such a background who could write a book as insightful and intelligent about international law and the international organisations who purport to administer it.’ -- Troy Anderson, Law Society Journal’This is a book of unusual power and insight. Parish's deconstruction of the illusory promise of international justice may make uneasy reading but it is a necessary addition to the literature in this field.’- David Chandler, University of Westminster, UK and Editor of the Journal of Intervention and Statebuilding'This book issues the latest blast against the crumbling battlements of the cloud-fortress of international law. Meticulous, engaging, and forcefully written, the book offers little consolation for defenders amid the ruins.’ -- Eric Posner, University of Chicago Law School, USTable of ContentsContents: Preface 1. Mirages 2. International Law: The Legacy of the Twentieth Century 3. Irrelevant Courts for Important Disputes 4. International Criminal Law: Victors’ Justice or an Interminable Machine? 5. Protecting Foreign Capital Flows: Who Released the Genie? 6. Self-spite in the Regulation of International Trade 7. The Arid Promises of International Human Rights 8. The Allure of Judicial Trusteeship in the European Union Experience 9. The Future of an Illusion Index

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Book SynopsisJustice for Future Generations breaks new ground by discussing what ethical obligations current generations have towards future generations in addressing the threat of climate change and how such obligations should be embodied in international law.Trade Review‘This book is easy to read and follow, providing a solid foundation for understanding environmental law in an international law context. Justice for Future Generations: Climate Change an International Law is a must have for every law library's environmental law collection. I would also recommend this book to those who care deeply about the environment and sustainability issues for future generations.’ -- Sharon Wang, Canadian Law Library Review‘Human-induced climate change is the most fiendish legal and policy problem ever faced by humanity, and our very survival as a species hinges on whether we respond effectively to it. Those who will feel the most acute effects of climate change will be our future generations. In this groundbreaking work, Peter Lawrence sets out the case for addressing climate change today in order to safeguard the welfare of future generations. Lawrence explains that this is not just an imperative of morality, or of survival, but is in fact a mandate of justice. Drawing on a wide range of philosophical and jurisprudential thinking, Lawrence distils core principles of justice to animate our efforts to mitigate climate change. This is an immensely important work, that will have a significant influence on how societies and governments conceptualise and respond to the climate problem.’ -- Timothy Stephens, University of Sydney, Australia‘Peter Lawrence’s book is an original and intellectually stimulating publication which raises complex questions of intergenerational equity and climate change. Both issues have been discussed separately in several important works but this book brings them together with fascinating results. Unlike many purely philosophical approaches, this monograph offers practical solutions based on the conclusion of a global treaty. Lawrence suggests difficult but workable solutions, based on ethical, legal and economic considerations, such as how a treaty would reconcile the long-term interests of developed and developing countries. Effective international law rules addressing climate change are fundamental for both humanity and global ecology and as Lawrence argues in his important book ‘building agreement on what justice means in this context is an essential part of the task.’ -- Malgosia Fitzmaurice, Queen Mary University of London, UK‘This is an extraordinary book that tackles the requirement, as laid down in the UN Framework Convention on Climate Change, to save our climate for future generations. By approaching this requirement from various angles (international law, human rights, ethics, economics, etc.), Lawrence achieved a unique result: he succeeded in turning a vague aspirational norm into concrete actions that need to be taken by us today.’ -- Jonathan Verschuuren, Tilburg Sustainability Center and Tilburg Law School, the Netherlands‘Those interested in, or affected by environmental issues (and aren’t; we all?) should seek out this book. Researchers and policy makers in particular will be pleased, not to mention amazed, by the impressive bibliography of over twenty pages with its wealth of useful references.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Peter Lawrence’s Justice for Future Generations: Climate Change and International Law is a welcome and timely addition to the field.’ -- Carbon and Climate Law ReviewTable of ContentsContents: 1. Introduction: The Climate Change Problem and Solutions Part 1: Theory 2. The Basis of an Obligation Towards Future Generations in Justice and Ethics in the Context of Climate Change 3. Content of Justice-based Obligations Towards Future Generations in the Context of Climate Change Part II: International Law and Politics 4. Current International Law, Intergenerational Justice and Climate Change 5. International Human Rights Law, Intergenerational Justice and Climate Change 6. Climate Change Discources and Intergenerational Justice Part III: The Way Forward and Conclusion 7. The Way Forward – Incorporating Intergenerational Justice Principles into International Climate Law 8. Conclusion Bibliography Index

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Book SynopsisThe Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals.Trade Review‘For researchers, scholars and international lawyers seeking additional breadth and depth of understanding within this often bewildering and complex subject, this recent title from Edward Elgar Publishing is a real find. . . With its original, thought provoking and densely argued commentaries, this book makes an important contribution to the literature of international law and should be of particular interest to academics, researchers and international lawyers, especially those seeking new perspectives on the matter of treaties and EU law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents Introduction Christian J Tams, Antonios Tzanakopoulos and Andreas Zimmermann PART I: PRINCIPLES 1. The Law of Treaties; or, Should this Book Exist? Vaughan Lowe 2. The Law of Treaties through the Interplay of its Different Sources Enzo Cannizzaro 3. Regulating Treaties: A Comparative Perspective Martins Paparinskis 4. Theorizing Treaties: The Consequences of the Contractual Analogy Akbar Rasulov 5. The Effects of Treaties in Domestic Law André Nollkaemper PART II: DIMENSIONS 6. The Temporal Dimension: Non-retroactivity and Its Discontents Markus Kotzur 7. The Spatial Dimension: Treaties and Territory Marko Milanović 8. The Personal Dimension: Challenges to the pacta tertiis Rule Alexander Proelss PART III: TENSIONS 9. Formalism versus Flexibility in the Law of Treaties Jean d’Aspremont 10. Integrity versus Flexibility in the Application of Treaties Katherine del Mar 11. Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties Sotirios-Ioannis Lekkas and Antonios Tzanakopoulos 12. Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties Malgosia Fitzmaurice and Panos Merkouris 13. Uniformity versus Specialisation (2): A Uniform Regime of Treaty Interpretation? Michael Waibel PART IV: INTERACTIONS AND RUPTURES 14. Regime-collisions: Tensions Between Treaties (and How to Solve Them) Jasper Finke 15. Responding to Deliberately-created Treaty Conflicts Surabhi Ranganathan 16. Treaty Breaches and Responses Christian J Tams 17. Succession to Treaties and the Inherent Limits of International Law Andreas Zimmermann and James G. Devaney 18. Treaties and Armed Conflict Yaël Ronen PART V: EXPANSIONS 19. Treaties and International Organisations: Uneasy Analogies Philippa Webb 20. Treaty Law and Multinational Enterprises: More than Internationalized Contracts? Markos Karavias 21. Treaties and Individuals: Of Beneficiaries, Duty-bearers, Users, and Participants Ilias Plakokefalos Index

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Book SynopsisThe Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy.Trade Review‘. . . within this collection of essays there are some real gems. . . the volume provides a wide-ranging assessment of many issues raised by the movement towards such a globalised approach.’ -- Niamh Dunne, Cambridge Law Review‘Some 30 leading scholars, academics and practitioners have contributed 22 formidably thoughtful and readable articles to this scholarly and topical book on competition law. . . this book should be of abiding interest to competition lawyers everywhere as well as scholars, academics and competition officials and policymakers in trading nations. The subject matter is international and so is the book’s utility and appeal.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface PART I: INTRODUCTION 1. Setting the Scene: The Scope and Limits of ‘International Competition Law’ Ariel Ezrachi PART II: FROM UNILATERAL ENFORCEMENT TO COOPERATION NETWORKS 2. Competition Law and Extraterritoriality Florian Wagner-von Papp 3. Competition Agency Networks Around the World Imelda Maher and Anestis Papadopoulos 4. Building Global Antitrust Standards: The ICN’s Practicable Approach Hugh M. Hollman, William E. Kovacic and Andrew S. Robertson 5. ‘Jaw-jaw’ not ‘Law-law’ – from Treaties to Meetings: The Increasing Informality and Effectiveness of International Cooperation Philip Marsden 6. The Role of NGOs in Competition Law Enforcement Pradeep S. Mehta, Udai S. Mehta and Cornelius Dube 7. Greater International Convergence and the Behavioural Antitrust Gambit Maurice E. Stucke PART III: ENFORCEMENT CHALLENGES WORLDWIDE 8. Paths to Competition Advocacy Allan Fels and Wendy Ng 9. Competition Law and Developing Economies: Between ‘Informed Divergence’ and International Convergence Kathryn McMahon 10. Private and Public Enforcement: Complements, Substitutes and Conflicts – A Global Perspective Donald I. Baker 11. Criminal Sanctions for Cartels – the Jury is Still Out Caron Beaton-Wells 12. Cartels, Extradition and Concurrent Criminal Prosecution Michael O’Kane PART IV: COMPARATIVE REVIEW OF LAWS AND PROCEDURES 13. Merger Control: Key International Norms and Differences D. Daniel Sokol and William Blumenthal 14. Unilateral Conduct: The Search for Global Standards Giorgio Monti 15. Market Power – the Root of All Evil? A Comparative Analysis of the Concepts of Market Power, Dominance and Monopolisation Hedvig Schmidt 16. Drawing the Boundary between Joint and Unilateral Conduct: Parent–Subsidiary Relationships and Joint Ventures Alison Jones 17. Resale Price Maintenance in Comparative Perspective Ulf Bernitz 18. Innovation, IPRs and EU Competition Law: Cross Currents in the EU/US Debate Steven Anderman 19. Recent US FTC Antitrust–IP Interface Developments Alden F. Abbott and Dina Kallay 20. The Patent–Competition Interface in Asia: A Regional Approach? Thomas K. Cheng 21. Competition Law and Enforcement in the Pharmaceutical Industry Michael A. Carrier 22. The Consumer and Competition Policy: Welfare, Interest and Engagement Phil Evans Index

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Book SynopsisNewly updated, this textbook is for students, both undergraduate and postgraduate, practitioners and judges. Accessible, comprehensive and contemporary, it continues to be the best choice for students wanting to understand the law of the sea. It also offers systematic knowledge on the law of the sea, helping to develop a perspective on the law.Trade Review'Tanaka's International Law of the Sea has established itself as a key resource for both student and scholar in understanding the critical concepts underpinning this vital area of international law. This new edition provides valuable insights on the latest legal issues, whether plastics pollution at sea or submarine cables.' John Burgess, The Fletcher School, Tufts University'The latest edition of this established textbook continues to offer a clear, structured introduction to the core rules and principles of the law of the sea, whilst also capturing the dynamism of the field by integrating the latest judicial decisions and state practice, and illustrating how the law of the sea adapts to changing circumstances and new challenges.' James Harrison, University of Edinburgh'Tanaka's textbook on the international law of the sea has reached the status of a classic work. His clear writing style and ability to explain complicated issues in a simple manner make it approachable for newcomers to the field as well as experts.' Bjarni Már Magnússon, Bifröst University'A skilful analysis, rigorous method and neat style mark this book's first decade in print. Further elaborating on his distinctive theory of the “dual approach” to ocean matters in a thought-provoking manner, Tanaka continues to provide key explanatory arguments and fully reliable guidance throughout both old and novel intricacies of the law of the sea.' Ilaria Tani, University of Milano-Bicocca'In this book, scholars and practitioners will find not only a rigorous commentary on established rules and case law, but also a careful analysis of problematic profiles and an authoritative assessment of both trends in the practice of states and new interests of the international community. This is an indispensable guide to navigating this intricate and fascinating subject.' Roberto Virzo, University of MessinaTable of ContentsPart I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. The law of the sea in perspective; 2. Maritime limits: baselines and maritime features; 3. Marine spaces under national jurisdiction I: territorial sovereignty; 4. Marine spaces under national jurisdiction II: sovereign rights; 5. Marine spaces beyond national jurisdiction; 6. Maritime delimitation; Part II. Our Common Ocean: Protection of Community Interests at Sea: 7. Conservation of marine living resources; 8. Protection of the marine environment; 9. Conservation of marine biological diversity; 10. Marine scientific research; 11. Maintenance of international peace and security at sea; 12. Land-locked and geographically disadvantaged states; 13. Peaceful settlement of international disputes; 14. Looking ahead: law of the sea as a legal shield.

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Book SynopsisWhile resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?Table of Contents1. Progress and pushback in the judicialization of human rights; 2. Backlash in theoretical context; 3. The politics of withdrawal; 4. Replacing the international justice regime; 5. Bureaucrats, budgets and backlash: Death by a thousand paper cuts; 6. Doctrinal challenges: Diluting the domestic impacts of international adjudication; 7. How to save the international justice regime; Appendix; Bibliography; Index.

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Book Synopsis

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Book SynopsisThe governing international space law regime has been locked in a norm-creation stalemate for over 40 years. This stalemate endangers the preservation of established, guiding legal principles, as well as the sustainability of the parts of outer space that humans utilize. The discrepancy between norm creation, technological advancement, and the ecosystem of novel actors could generate serious consequences for future space activities and the nature of international relations. Besides the return of old rivalries in a New Cold War, new activities and actors emerging amidst a legal void emphasizes the risks of the stalemate: unstable peace, fragile cooperation, uneven technological development, and uncertain eco-sustainability. The prolonged legal stalemate cannot be treated simply as an academic question, for it has broader political and economic implications of growing strategic relevance. Unresolved issues in international space law could threaten the survival of space as a global comTable of ContentsAcknowledgments Abbreviations Introduction 1. Background 2. Main challenges I Space law: historical and institutional background 1. The Cold War 1.1. United Nations: the prime body in international space norm creation 1.2. UN Committee on Peaceful Uses of Outer Space (UN COPUOS) 2. Space treaties’ creation 2.1. Space treaties II The current state of the space domain 1. The rise of the private sector 2. The problem of legal ambiguity 3. New trends in regulating the space domain 3.1. The Cape Town Convention 3.2. Soft law 3.3. National space legislation III The changing global context 1. Geopolitical transformations 1.1. The new space powers 1.2. The emerging space nations 2. Shift in the economic paradigm 3. Technological development: from military to civilian use 4. Multidirectional diplomacy 5. The lawmaking process itself 5.1. The norm-creation mechanism in the United Nations 5.2. The norm-creation mechanism in the Legal Subcommittee of the UN COPUOS 6. Conclusion IV Necessity of new internationally binding norms in space law 1. Space activities outside of the current legal realm 1.1. Active debris removal 1.2. Resource utilization and extraction from celestial bodies 1.3. Human planetary exploration 2. Space actors outside of the current legal realm 3. Why is the stalemate dangerous? 4. State sovereignty in the area of globalization and interdependence5. A legal obligation to cooperate: mandatory multilateralism V Alternative ways of law-making 1. UN specialized agencies 1.1. International Telecommunication Union (ITU) 1.1.1. Short history 1.1.2. Purpose 1.1.3. Membership 1.1.4. Decision-making bodies 1.1.5. Norm mechanisms: constituent instrument and secondary norms 1.1.6. Implementation 1.2. International Civil Aviation Organization (ICAO) 1.2.1. Short history 1.2.2. Purpose 1.2.3. Membership 1.2.4. Decision-making bodies 1.2.5. Norm mechanisms: constituent instrument and secondary norms1.2.6. Implementation 2. International legal regimes that deal with international commons 2.1. The international legal regime for marine beyond national jurisdiction 2.1.1. Short history 2.1.2. Purpose 2.1.3. Membership 2.1.4. Decision-making bodies 2.1.5. Norm mechanism: constituent instrument and secondary norms 2.1.6. Implementation 2.2. The international legal regime for the Antarctic area 2.2.1. Short history 2.2.2. Purpose 2.2.3. Membership 2.2.4. Decision-making bodies 2.2.5. Norm mechanism: constituent instrument and secondary norms 2.2.6. Implementation 3. Regional space agencies 3.1. European Space Agency (ESA) 3.1.1. Short history 3.1.2. Purpose 3.1.3. Membership 3.1.4. Decision-making bodies 3.1.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.1.6 Implementation 3.2. European Union Agency for the Space Program (EUSPA) 3.2.1. Short history 3.2.2. Purpose 3.2.3. Membership 3.2.4. Decision-making bodies 3.2.5. Norm mechanism: constituent instrument and secondary norm mechanism 3.2.6. Implementation provisions VI Key findings and strengths, weaknesses, opportunities, threats analysis 1. Key findings 1.1. Hierarchy of norms 1.2. Decision-making organ 1.3. Possibility to make amendments 1.4. Voting mechanism 1.5. Possibility to make reservations/to opt out 2. Strengths, weaknesses, opportunities, threats analysis 2.1. Strengths and opportunities 2.2. Weaknesses and potential threats 3. Proposed solutions Conclusion A. Bibliography Index

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Book SynopsisThe United Nations Convention on the Law of Sea (âUNCLOSâ) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each regionâs maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims. The history and future applicability of multilateral Joint Development Area agreements for each region are evaluated for their potential to provide a cooperative solution to resolve ongoing tensions. Highlighting the limitations of current âgun-boatâ diplomacy, the monograph makes practical suggestions for new paradigms for resolving outstanding disputes, promoting lasting peace and generating economic benefits resulting from resource development.

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Book SynopsisThe objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guTable of ContentsForeword Preface Acknowledgements List of abbreviations and acronyms List of figures List of contributorsCHAPTER 1 Mitja Grbec and Tullio Scovazzi THE ADRIATIC AND IONIAN SEAS AS PART OF THE WIDER MEDITERRANEAN SEA 1.1. Geographical and political considerations 1.2. The present juridical picture of the Mediterranean waters 1.3. Implications of the recent process of extension of coastal State jurisdiction in the Adriatic and Ionian Seas 1.4. The Mediterranean, Adriatic, and Ionian Seas as juridically enclosed or semi-enclosed seas1.5 Conclusive summary CHAPTER 2 Tullio Scovazzi THE GLOBAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 2.1. The domestic and international dimension of marine protected areas 2.2 The main global policy instruments2.3 The main global legal instruments A. The United Nations Convention on the Law of the Seaa. Internal maritime watersb. Territorial seac. Exclusive economic zoned. Continental shelfe. High seas f. Seabed beyond national jurisdiction B. The International Convention for the Regulation of WhalingC. The Convention on Biological Diversitya. The notion of marine protected areab. The Jakarta Mandatec. The Ecologically or Biologically Significant Marine Areasd. The Aichi Targets and the Kunming-Montreal 2030 Global Targets e. The notion of other effective area-based conservation measures D. The Convention concerning the Protection of the World Cultural and Natural HeritageE. The Convention for the Prevention of Pollution from Shipsa. The Particularly Sensitive Sea Areas F. The Convention on the Protection of the Underwater Cultural Heritage 2.4. Conclusive summary CHAPTER 3 Mitja Grbec and Tullio ScovazziTHE REGIONAL AND SUB-REGIONAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 3.1. Regional instruments and their coordination with global instruments A. The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocolsa. The Areas Protocolb. The Offshore Protocolc. The Coastal Zone Protocol B. The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area a. The proposed marine protected areas for cetaceans C. The Agreement for the Establishment of the General Fisheries Commission for the Mediterraneana. The fisheries restricted areas D. The Convention on the Conservation of European Wildlife and Natural Habitats3.2. Sub-regional instruments outside the Adriatic and Ionian SeasA. The RAMOGE Agreement B. The Pelagos Sanctuary Agreement 3.3. Sub-regional instruments within the Adriatic and Ionian Seas A. Sub-regional cooperation within the institutional framework of the Barcelona Convention and its protocols B. Cooperation within the Joint Commission for the protection of the Adriatic Sea established by the 1974 Belgrade AgreementC. Cooperation within the framework of the intergovernmental Adriatic-Ionian InitiativeD. Cooperation within the framework of the European Union Strategy for the Adriatic and Ionian Region3.4. Conclusive summary CHAPTER 4 Mitja GrbecMARINE AREA-BASED CONSERVATION UNDER EUROPEAN UNION LAW 4.1. The European Union maritime policy and its goals 4.2. The Marine Strategy Framework Directive and its regional application 4.3. The Habitats and Birds Directives A. The Birds Directive B. The Habitats Directive C. The NATURA 2000 Network and the Adriatic and Ionian Seas 4.4. The European Union Biodiversity Strategy 2030 4.5. Conclusive summary CHAPTER 5 Ilaria Tani MARINE AREA-BASED CONSERVATION WITHIN AREAS OF NATIONAL SOVEREIGNTY AND JURISDICTION 5.1. Legal frameworks within Adriatic and Ionian States A. Existing national legal frameworks B. Indicators for effective national legal frameworksa. Coordinated implementation of international and regional commitmentsb. Institutional coordinationc. Specific legal provisions for marine protected areas establishment and management d. Adoption of protection measurese. Management planning and zoning for marine protected areas f. Integration of marine protected areas into coastal and maritime spatial planning policiesg. Stakeholder involvement h. Financing mechanisms i. Monitoring, compliance, and enforcement5.2. National marine protected areas 5.3. Conclusive summary CHAPTER 6 Ilaria Tani TRANSBOUNDARY AREA-BASED CONSERVATION BEYOND THE TERRITORIAL SEA WITHIN THE MEDITERRANEAN SEA AND THE ADRIATIC AND IONIAN SEAS 6.1. The Pelagos Sanctuary 6.2. Transboundary cooperation in the Strait of Bonifacio 6.3. The GFCM fisheries restricted areas A. The Lophelia Reef off Capo Santa Maria di Leuca B. The Jabuka/Pomo Pit C. The Bari Canyon D. The deep-water essential fish habitats and sensitive habitats in the South Adriatic 6.4. Conclusive summary CHAPTER 7 Tullio Scovazzi THE CASE FOR ESTABLISHING TRANSBOUNDARY MEDITERRANEAN SPAMIs WITHIN THE ADRIATIC AND IONIAN SEAS 7.1. Challenges and opportunities 7.2. Potential areas 7.3. Protection measures and management authorities 7.4. Conclusive summary CHAPTER 8 Ilaria Tani THE CASE FOR PURSUING TRANSBOUNDARY AREA-BASED CONSERVATION THROUGH A EUROPEAN GROUPING OF TERRITORIAL COOPERATION WITHIN THE ADRIATIC AND IONIAN SEAS 8.1. Legal and operational basis8.2. Challenges and opportunities 8.3. Potential areas and protective measures 8.4. Management authority 8.5. Conclusive summary CHAPTER 9 Mitja GrbecTHE CASE FOR ESTABLISHING A PARTICULARLY SENSITIVE SEA AREA IN THE ADRIATIC AND IONIAN SEAS 9.1. Challenges and opportunities 9.2. Work undertaken so far 9.3. Marine areas to be covered and potential associated protective measures A. Existing associated protective measures a. Mandatory ship reporting b. Routeing c. MARPOL Special Areas B. New associated protective measures 9.4. Conclusive summary CHAPTER 10 Mitja BriceljTHE SUSTAINABLE DEVELOPMENT OF THE WIDER MEDITERRANEAN: MULTI-STAKEHOLDER SETTINGS, ECOSYSTEM APPROACH, AND MARITIME SPATIAL PLANNING10.1. Multi-stakeholder settings as transboundary cooperation tools10.2. A sustainable development strategy for the Mediterranean region10.3. Ecosystem approach as integrated operational approach at the regional level10.4. Ecosystem approach as integrated operational approach at the sub-regional level10.5. Ecosystem approach in the integrated coastal zone management 10.6. Maritime spatial planning and green (and blue) infrastructure10.7. Conclusive summary CHAPTER 11 Iztok ŠkerličA PERSPECTIVE FROM THE EUSAIR FACILITY POINT: MARITIME SPATIAL PLANNING AS A CROSS-PILLAR ELEMENT OF THE STRATEGY11.1. The EUSAIR Action Plan and its contribution to the implementation of the Coastal Zone Protocol 11.2. Interactions between the blue economy and environmental quality in the EUSAIR11.3. The Facility Point project as a support tool to the EUSAIR (maritime) governance process11.4. Conclusive summary CHAPTER 12 Mitja Grbec, Tullio Scovazzi, Ilaria Tani CONCLUSIVE REMARKS ON AN ADRIATIC AND IONIAN SEAS RESPONSE TO GLOBAL CHALLENGES IN THE FIELD OF ENVIRONMENTAL PROTECTION: TOWARDS COORDINATED NETWORKS OF MARINE PROTECTED AREAS?12.1. Challenges and existing opportunities 12.2. Objectives and ways forward List of references

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Book Synopsis

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Book SynopsisTrade ReviewAcclaim for the First Edition:'It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.' -- From the Foreword to the First Edition by Philip AllottTable of ContentsContents: Foreword to the First Edition viii Editor’s Preface to the Second Edition x PART I THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY 1 The relevance of theory and history: the essence and origins of international law 2 Alexander Orakhelashvili 2 Early-modern scholarship on international law 19 Alain Wijffels 3 Natural law and the law of nations 58 Patrick Capps 4 The origins of consensual positivism: Pufendorf, Wolff and Vattel 90 Alexander Orakhelashvili 5 The transformation of international law in the nineteenth century 108 Amnon Lev 6 Hans Kelsen’s place in international legal theory 139 Jörg Kammerhofer PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY 7 International human rights law theory 164 Frédéric Mégret 8 The philosophy of international criminal law 200 Robert Cryer and Albert Nell 9 International law, international politics and ideology 240 Alexander Orakhelashvili PART III HISTORY OF INTERNATIONAL LAW 10 Periodization and international law 281 William E. Butler 11 Origins, record and narratives: uses and abuses of international legal history 296 Alexander Orakhelashvili 12 Acculturation through the Middle Ages: the Islamic law of nations and its place in the history of international law 312 Jean Allain 13 The classical law of nations 326 Randall Lesaffer 14 The nineteenth-century life of international law 359 Alexander Orakhelashvili 15 International law between universality and regional fragmentation: the historical case of Russia 373 Lauri Mälksoo 16 International law in the twentieth century 394 Carlo Focarelli 17 International law in the early twenty-first century 444 Tom Ruys and Anemoon Soete Index 474

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