Public international law Books
Edward Elgar Publishing Ltd Regulating the Use of Force in International Law:
Book SynopsisThis book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence.The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force.This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.Trade Review‘The book is a worthwhile contribution to the literature on the legal regulation of the use of force and will be useful both to the expert and the relative novice in this field. Its contribution lies in the depth of argument on most issues and the expertise of the authors, alongside the clarity of their presentation of often complex issues in an accessible form.’ -- T D Gill, The British Yearbook of International Law'Professors Buchan and Tsagourias have produced an exceptional exploration of how the international legal system regulates force. They expertly consider the subject from historical, contemporary and future perspectives. Students, scholars and practitioners alike will benefit from this full-spectrum study of how the UN Charter framework interacts and evolves with customary and other supplemental legal sources. They adroitly integrate political and moral considerations without compromising the rigour of their legal work to produce a formidable and lasting contribution to this challenging field of law.' -- Professor Sean Watts, United States Military Academy at West Point, US'A compelling review and reassessment of the jus ad bellum, which fully takes account of the dramatically changing landscape of international relations, the erosion of state sovereignty and the emergence of new technologies.' -- Professor Nigel D. White, University of Nottingham, UK'This is a lively, readable and concise account of the regulation of the use of force, bursting with contemporary examples. The use of force is perhaps the most contentious area of international law, its terms being loaded with presuppositions about law, politics and social relations. The authors present the material clearly for our assessment, while their present voice reminds us that there can be no finite answers to these difficult questions.' -- Professor Pål Wrange, Stockholm Centre for International Law and Justice, Stockholm University, SwedenTable of ContentsContents: Introduction 1. Historical development of the jus ad bellum 2. The prohibition on the threat or use of force 3. The right of individual and collective self-defence 4. Other forms of the use of force: humanitarian intervention, armed reprisals and intervention by invitation 5. Cyber attacks, use of force and self-defence 6. The United Nations collective security system and the use of force 7. Regional organisations, collective security and the use of force 8. Peacekeeping operations 9. International law on the use of force: quo vadis? Bibliography Index
£100.00
Edward Elgar Publishing Ltd International Law
Book SynopsisInternational Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Mälksoo, University of Tartu, EstoniaTrade Review'Offering a cohesive vision of international law through a systemic, realist-constructivist approach, Carlo Focarelli's International Law makes an important contribution to the list of international law treatises.' --Charlotte Ku, Texas A&M University, School of Law, US'Italian doctrine has given invaluable contributions to international law discussion. At present this is often lost due to the language barrier. Carlo Focarelli's textbook continues the tradition of the old Italian masters, develops it further, and opens this wealth of insight and knowledge to an international audience. A textbook of enormous intellectual strength and elegance!' --Peter Hilpold, University of Innsbruck, Austria'This is an impressive summa legis exposed from the vantage point of a very high peak overarching the mountainous, rocky and sometimes more remotely flat landscapes of international law. All main questions of this peculiar legal order, from the sources to the subjects, from economy to use of force and to settlement of disputes, are reviewed by one of the most gifted and powerful international lawyers of his generation and country. The reader will appreciate the fine-tuned, sensitive and original treatment of these subject matters, wielded in a personal tune placed aloof from simple mainstream repetitions.' --Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Preface Introduction Part I The States System and the Governance of Humankind 1. The States System and the International Community 2. Inter-State Creation and Intra-State Application of International Law 3. The Allocation of States’ Governmental Authority Part II International Rules Protecting The Common Values of Humankind 4. Inter-State Order 5. Human Person 6. Sustainable Economy 7. Global Security Part III International Responsibility and the International Settlement of Disputes 8. International Responsibility 9. The International Settlement of Disputes Index
£173.00
Edward Elgar Publishing Ltd International Law
Book SynopsisInternational Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges. The key features of this textbook include: A unitary - 'systemic' and 'realist-constructivist' theoretical illustration of international law, essential to an understanding of how international law works in practice and can, or should be changed A clear logical structure and thorough cross-referencing, for accessible, systemic and consistent learning Up-to-date bibliographies at the end of each chapter and academic commentary on the very latest cases, covering all aspects of international law. Insightful and topical, this textbook will be an invaluable teaching resource for students of law, political science, and international relations. 'Carlo Focarelli's textbook aims to achieve theoretical cohesiveness about international law as a system and yet at the same time emphasises the importance of state practice, not just the practice of courts but also diplomatic practice more widely. What is particularly welcome is the book's aim to familiarise readers outside Italy with international legal thinking and state practice from an important European country that for centuries has been a significant contributor to the discourse of international law. This unique approach reflects well the contemporary trend for studying international law from comparative perspectives and will make the book a valuable read for students interested in international law.' - Lauri Mälksoo, University of Tartu, EstoniaTrade Review'Offering a cohesive vision of international law through a systemic, realist-constructivist approach, Carlo Focarelli's International Law makes an important contribution to the list of international law treatises.' --Charlotte Ku, Texas A&M University, School of Law, US'Italian doctrine has given invaluable contributions to international law discussion. At present this is often lost due to the language barrier. Carlo Focarelli's textbook continues the tradition of the old Italian masters, develops it further, and opens this wealth of insight and knowledge to an international audience. A textbook of enormous intellectual strength and elegance!' --Peter Hilpold, University of Innsbruck, Austria'This is an impressive summa legis exposed from the vantage point of a very high peak overarching the mountainous, rocky and sometimes more remotely flat landscapes of international law. All main questions of this peculiar legal order, from the sources to the subjects, from economy to use of force and to settlement of disputes, are reviewed by one of the most gifted and powerful international lawyers of his generation and country. The reader will appreciate the fine-tuned, sensitive and original treatment of these subject matters, wielded in a personal tune placed aloof from simple mainstream repetitions.' --Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Preface Introduction Part I The States System and the Governance of Humankind 1. The States System and the International Community 2. Inter-State Creation and Intra-State Application of International Law 3. The Allocation of States’ Governmental Authority Part II International Rules Protecting The Common Values of Humankind 4. Inter-State Order 5. Human Person 6. Sustainable Economy 7. Global Security Part III International Responsibility and the International Settlement of Disputes 8. International Responsibility 9. The International Settlement of Disputes Index
£52.20
Edward Elgar Publishing Ltd International Law on the Maintenance of Peace:
Book SynopsisThe law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects.Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments.Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.Trade Review'In our war-torn world, this book renews our understanding of the importance of peace as a legal and moral norm. It also provides the most comprehensive discussion of how and why the international law against war works to achieve peace. No scholar, student, government official or concerned person should fail to consult it.' --Mary Ellen O'Connell, University of Notre Dame, USTable of ContentsContents: Foreword PART I General features and historic development of the law of and against war - jus contra bellum 1. General features 2. The historic development of limitations on recourse to force: Main periods in which the jus ad bellum has come under pressure 3. Overview: state of the law in 1939 PART II Powers of the organised collectivity (particularly the UN Security Council) 4. Scheme and structure of the UN Charter 5. Chapter VII of the Charter: coercive powers of the Security Council 6. Executing (by force?) a judgment of the International Court of Justice 7. The exercise of parallel competences by the Security Council and the International Court of Justice 8. The binding character of Security Council decisions under Chapter VII or under Article 94 § 2 of the Charter ; Article 50 of the Charter 9. Classic and robust peacekeeping operations 10. Chapter VII of the Charter and neutrality PART III The prohibition against the use of force and exceptions for individual States 11. The prohibition against the use of force: Article 2 § 4 of the Charter 12. Exceptions to the prohibition against the use of force 13. Peaceful change 14. General conclusions Bibliography Index
£144.00
Edward Elgar Publishing Ltd Democracy and International Law
Book SynopsisAt the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a "democratic entitlement" was then emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of a democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. This research review identifies the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent "democratic recession" in many regions of the world.Trade Review‘This is a timely collection of the best writings from the past two decades on whether liberal-democratic norms have successfully infiltrated international law, a field that—while traditionally built upon the concept of the State—has been agnostic as to governmental legitimacy. A must read for anyone concerned with the implications for inter-State relations of threats to democracy worldwide, and an excellent companion volume to Democratic Governance and International Law (2000).' -- Sean D. Murphy, George Washington University, US, U.N. International Law Commission and former President of the American Society of International LawTable of ContentsContents: Introduction Gregory H. Fox and Brad R. Roth xii PART I PRESENT OVERALL STATUS OF EMERGING RIGHT TO DEMOCRATIC GOVERNANCE 1. Susan Marks (2011), ‘What has Become of the Emerging Right to Democratic Governance?’, European Journal of International Law, 22 (2), May, 507–24 2 2. Jean d’Aspremont (2011), ‘The Rise and Fall of Democracy Governance in International Law: A Reply to Susan Marks’, European Journal of International Law, 22 (2), May, 549–70 20 3. Christian Pippan (2012), ‘Democracy as a Global Norm: Has it Finally Emerged?’, Matthew Happold (ed.), International Law in a Multipolar World, Chapter 10, Abingdon, UK and New York, NY, USA: Taylor & Francis, 203–23 42 4. Jure Vidmar (2014), ‘Judicial Interpretations of Democracy in Human Rights Treaties’, Cambridge Journal of International and Comparative Law, 3 (2), 532–55 63 5. Erika de Wet (2015), ‘From Free Town to Cairo via Kiev: The Unpredictable Road of Democratic Legitimacy in Governmental Recognition’, American Journal of International Law Unbound, 108, 201–7 87 6. Brad R. Roth (2015), ‘Whither Democratic Legitimism?: Contextualizing Recent Developments in the Recognition and Non- Recognition of Governments’, American Journal of International Law Unbound, 108, 213–18 94 7. Jean d’Aspremont (2015), ‘The Pipe Dream of Constraining Recognition Through Democracy: International Lawyers’ Regulatory Project Continued’, American Journal of International Law Unbound, 108, 219–21 100 8. Christina M. Cerna (2015), ‘Democratic Legitimacy and Respect for Human Rights: The New Gold Standard’, American Journal of International Law Unbound, 108, 222–7 103 9. Obiora Chinedu Okafor (2015), ‘Democratic Legitimacy as a Criterion for the Recognition of Governments: A Response to Professor Erika De Wet’, American Journal of International Law Unbound, 108, 228–32 109 10. Vasiliki Saranti (2015), ‘Democratic Legitimacy as a Criterion for Recognizing a Government: Towards the Emergence of a Regional Customary Rule in The Americas? A Reply to Professor Erika De Wet’, American Journal of International Law Unbound , 108 , 233–8 114 PART II DEMOCRACY AND SELF-DETERMINATION 11. Russell A. Miller (2003), ‘Self-Determination in International Law and the Demise of Democracy?’, Columbia Journal of Transnational Law , 41 , 601–48 121 12. Niels Petersen (2008), ‘The Principle of Democratic Teleology in International Law’, Brooklyn Journal of International Law , 34 (1), 33–84 169 13. Brad R. Roth (2018), ‘The Relevance of Democratic Principles to the Self-Determination Norm’, in Peter Hilpold (ed.), Autonomy and Self-Determination , Chapter 3, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 56–76 221 PART III EVALUATING ELECTIONS 14. Christina Binder (2009), ‘Two Decades of International Electoral Support: Challenges and Added Value’, Max Planck Yearbook of United Nations Law , 13 , 213–46 243 15. Avery Davis-Roberts and David J. Carroll (2010), ‘Using International Law to Assess Elections’, Democratization , 17 (3), June, 416–41 277 16. Barrie Sander (2019), ‘Democracy Under The Influence: Paradigms of State Responsibility for Cyber Influence Operations on Elections’, Chinese Journal of International Law , 18 (1), March, 1–56 303 PART IV THE UNITED NATIONS 17. Gregory H. Fox (2004), ‘Democratization’, in David Malone (ed.), The UN Security Council: From the Cold War to the 21st Century , Chapter 5, Colorado, USA: Lynne Rienner Publishers, 69–84 360 18. Francesco Mancini (2016), ‘Promoting Democracy’, in Sebastian von Einsiedel, David M. Malone and Bruno Stagno Ugarte (eds), The UN Security Council in the 21st Century , Part II, Chapter 12, Colorado, USA: Lynne Rienner Publishers, 235–57 376 PART V REGIONAL ARRANGEMENTS 19. Agustín Ruiz Robledo (2018), ‘The Construction of the Right to Free Elections by the European Court of Human Rights’, Cambridge International Law Journal , 7 (2), 225–40 400 20. Enrique Lagos and Timothy D. Rudy (2004), ‘In Defense of Democracy’, University of Miami Inter-American Law Review, 35 (2), Spring, 283–309 416 21. Thomas Legler and Thomas Kwasi Tieku (2010), ‘What Difference Can a Path Make? Regional Democracy Promotion Regimes in the Americas and Africa’, Democratization, 17 (3), June, 465–91 443 22. Kalkidan N. Obse and Christian Pippan (2015), ‘Collectively Protecting Constitutionalism and Democratic Governance in Africa: A Tale of High Hopes and Low Expectations?’, Cambridge Journal of International and Comparative Law, 4 (2), 344–67 470 23. Solomon A. Dersso (2019), ‘The Status and Legitimacy of Popular Uprisings in the AU Norms on Democracy and Constitutional Governance’, Journal of African Law, 63 (S1), May, 107–30 494 PART VI DEMOCRATIC RECESSION 24. Amichai Magen (2015), ‘The Right to Democratic Governance in an Era of Democratic Recession’, Cambridge Journal of International and Comparative Law, 4 (2), 368–87 519 25. David Landau (2017), ‘Democratic Erosion and Constitution- Making Moments: The Role of International Law’, UC Irvine Journal of International, Transnational, and Comparative Law, 2, 87–112 539 PART VII DEMOCRACY AND INTERNAL CRISES 26. Jacob Wobig (2015), ‘Defending Democracy with International Law: Preventing Coup Attempts with Democracy Clauses’, Democratization, 22 (4), 631–54 566 27. Issaka K. Souaré (2014), ‘The African Union as a Norm Entrepreneur on Military Coups d’État in Africa (1952–2012): An Empirical Assessment’, Journal of Modern African Studies, 52 (1), 69–94 590 28. Eki Yemisi Omorogbe (2011), ‘A Club of Incumbents? The African Union and Coups d’État’, Vanderbilt University Journal of Transnational Law, 44 (1), 123–54 616 29. Ozan O. Varol (2012), ‘The Democratic Coup d’État’, Harvard International Law Journal, 53 (2), Summer, 291–356 648 30. Matthew Saul (2012), ‘The Search for an International Legal Concept of Democracy: Lessons from the Post-Conflict Reconstruction of Sierra Leone’, Melbourne Journal of International Law, 13 (1), 540–68 714 PART VIII DEMOCRACY, INTERVENTION AND PEACE 31. David Wippman (2015), ‘Pro-Democratic Intervention’, in Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law, Chapter 36, Oxford, UK and New York, NY, USA: Oxford University Press, 797–815 744 32. Sara McLaughlin Mitchell and Paul F. Diehl (2012), ‘Caution in What You Wish For: The Consequences of a Right to Democracy’, Stanford Journal of International Law, 48 (2), Summer, 289–317 763 33. Simone van den Driest (2010), ‘“Pro-Democratic” Intervention and the Right to Political Self-Determination: The Case of Operation Iraqi Freedom’, Netherlands International Law Review, 57 (1), March, 29–72 792 34. Jeremy I. Levitt (2006), ‘Pro-Democratic Intervention in Africa’, Wisconsin International Law Journal, 24 (3), 785–833 836 Index
£352.00
Edward Elgar Publishing Ltd Truyol y Serra's Doctrines of International Law
Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index
£93.00
Edward Elgar Publishing Ltd Research Handbook on the Theory and History of
Book SynopsisThis updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.Trade 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
£226.00
Edward Elgar Publishing Ltd The UN Security Council and the International
Book Synopsis'The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.'- Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.Trade Review'This book presents a comprehensive examination of the development and practice of the UN Security Council's referral mechanism under Article 13(b) of the Rome Statute. Dr Lentner has left no stone unturned. This is an invaluable book for anyone researching and teaching on the most critical trigger mechanism of the International Criminal Court. A must read for all international criminal justice academics and practitioners.' --Harry M. Rhea, Rutgers University Camden, United States Navy and Academy of Criminal Justice Sciences International Section, US'Lentner has produced a thoughtful, comprehensive treatment of the relationship between the ICC and the Security Council. The book is rigorous and timely, addressing issues that will shape the ICC's role in the global legal order. This is a major contribution to the literature that will prove valuable to scholars and practitioners alike.' --Margaret M. deGuzman, Temple University, Beasley School of Law, US'By showing that the International Criminal Court (ICC) is a Janus-faced institution, the book demonstrates how the Security Council s referrals to the ICC do not necessarily serve the purposes of international criminal justice. Thought-provoking and skilfully written, Dr Lentner's monograph stands out as a unique piece of scholarly literature.' --Rossana Deplano, University of Leicester, UKTable of ContentsContents: Acknowledgements 1. Introduction 2. Legislative History of the Referral Mechanism 3. The Legal Nature of Security Council Referrals 4. The Powers of the Security Council under the UN Charter 5. The ICC’s Exercise of the Powers Conferred by the Security Council 6. The Security Council Referrals in Practice 7. Key Issues of the Security Council Referrals in Practice 8. Conclusions: The Janus Face of the International Criminal Court Index
£90.00
Edward Elgar Publishing Ltd The Commons and a New Global Governance
Book Synopsis'Whereas the existing literature generally studies small-scale commons, this challenging book boldly - and successfully - engages in extrapolating this cooperation-based governance model to global resources. From democratic perspectives to institutional construction, its many contributions, written by prominent scholars in the field of commons or international law, critically introduce and renew the radical notion of commons and collective action by citizens, as vehicles for democratization, in global governance and international public law.'- Séverine Dusollier, Sciences Po Law School, France'Can we devise new systems of law and governance to support commons at the global level? This thoughtful collection of essays explores how we might address this vital challenge for humanity in the years ahead.'- David Bollier, Schumacher Center for a New Economics, USGiven the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates. Featuring original contributions from renowned scholars across the globe and analysis of Elinor Ostrom's fundamental work, this interdisciplinary book is organized into three main areas of inquiry: the commons as vehicles for the democratization of global governance, the role played by commons-based institutions in global governance and a more normative interrogation around what international law ought to look like to support the commons. Provocative and critical ideas about the current system of global governance act as a stimulus to explore further research and activism in the commons.The first of its kind to offer a specific focus on the commons and global governance, this much-needed book will prove invaluable for academics in the humanities and social sciences including economists, political philosophers, political scientists and legal scholars. It will also appeal to policy-makers, concerned members of civil society and commons activists.Contributors include: M. Bauwens, M. Beerkens, C. Boonen, N. Brando, J. Brunnée, S. Cogolati, C. Crombez, P. Dardot, T. De Moor, H. De Schutter, O. De Schutter, M. Deleixhe, T.R. Eimer, M. Groff, R. Hagen, S. Karlsson-Vinkhuyzen, U. Mattei, P. Sauvêtre, J. WoutersTrade Review'A timely interrogation of the possibilities of global commons to replace a global system that for too long has made the vast majority of us pay too high a price. Here we find an exploration of a framework that can replace neoliberal global governance and empower the many.' --Massimo De Angelis, University of East London, UK'The time has come for researchers and scientists to focus their efforts on potential global governance mechanisms for the commons, existing or to come. This is precisely what has inspired this volume and why it should be considered a significant milestone in the study of the commons at the global level.' --Michel Bauwens, founder of the Foundation for Peer-to-Peer Alternatives'The insights provided in this book based on research by ''commons-thinkers'' will not just make it easier to connect to ''commons-analysers'' but also to the ''commons-doers'', who are demanding a better understanding of what they are actually putting into practice, on a daily basis.' --Tine De Moor, Utrecht University and former President of the International Association for the Study of the Commons (IASC) (2015 17)Table of ContentsContents: Foreword Michel Bauwens Introduction 1. Democratic, Institutional and Legal Implications of the Commons for Global Governance Samuel Cogolati and Jan Wouters Part I Democratic Perspectives 2. What Democracy for the Global Commons ? Pierre Dardot 3. Federal Commons Nicolas Brando and Helder de Schutter 4. A (Non-)Violent Revolution? Strategies of Civility for the Politics of the Common Christiaan Boonen 5. Forget Ostrom: From the Development Commons to the Common as Social Sovereignty Pierre Sauvêtre Part II Institutional Perspectives 6. Governance of the Global Commons: A Question of Supply and Demand, the Answer of Polycentricism Rutger Hagen and Christophe Crombez 7. The Rule of Law and Accountability – Exploring Trajectories for Democratizing Governance of Global Public Goods and Global Commons Maja Groff and Sylvia Karlsson-Vinkhuyzen 8. Expropriation by Definition? Regime Complexes, Structural Power, and Global Public Goods Thomas R. Eimer 9. Knowledge Commons and Global Governance of Academic Publishing Maarja Beerkens Part III Legal Perspectives 10. The Ecology of International Law: Towards an International Legal System in Tune with Nature and Community? Ugo Mattei 11. From Eroding to Enabling the Commons: The Dual Movement in International Law Olivier De Schutter 12. International Law to Save the Commons Samuel Cogolati and Jan Wouters 13. Procedure and Substance in International Environmental Law and the Protection of the Global Commons Jutta Brunnée Part IV Conclusion 14. Is the Governance of the Commons a Model for a New Global Governance? Martin Deleixhe Afterword Tine De Moor Index
£127.00
Edward Elgar Publishing Ltd Customary International Law
Book SynopsisInternational custom "as evidence of a general practice accepted as law", is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.Table of ContentsContents: Acknowledgements Introduction Pierre-Marie Dupuy PART I INTERNATIONAL CUSTOM AS A SOURCE OF LAW [215 pp] 1. W. Michael Reisman (1987), ‘The Cult of Custom in the Late 20th Century’, California Western International Law Journal, 17, 133–45 [13] 2. Michel Virally (1968), ’The Sources of International Law’, in Max Sørensen (ed.), Manual of Public International Law, Chapter 3, London, UK: Macmillan and Co. Ltd, 130–44 [15] 3. Eduardo Jiménez de Aréchaga (1988), ‘Custom’, in Antonio Cassese and Joseph H. H. Weiler (eds), Change and Stability in International Law-Making, Part I, Chapter I, Section I (A), Berlin, Germany: Walter De Gruyter and Co., 1–4 [4] 4. Luigi Condorelli (1991), ‘Custom’, in Mohammed Bedjaoui (ed.), International Law: Achievements and Prospects, Part I, Chapter 7, Paris, France: UNESCO and Dordrecht, the Netherlands: Martinus Nijhoff Publishers, 179–211 [33] 5. Jonathan I. Charney (1993), ‘Universal International Law’, American Journal of International Law, 87 (4), October, 529–51 [23] 6. Anthony D’Amato (1998), ‘Customary International Law: A Reformulation’, International Legal Theory, IV (1), 1–7 [7] 7. Alexander Orakhelashvili (2008), ‘Natural Law and Customary Law’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 68, 69–110 [42] 8. Anthea Elizabeth Roberts (2001), ‘Traditional and Modern Approaches to Customary International Law: A Reconciliation’, American Journal of International Law, 95 (4), October, 757–91 [35] 9. Robert Kolb (2003), ‘Selected Problems in the Theory of Customary International Law’, Netherlands International Law Review, 50 (2), August, 119–50 [32] 10. Luigi Condorelli (2012), ‘Customary International Law: The Yesterday, Today and Tomorrow of General International Law’, in Antonio Cassese (ed.), Realizing Utopia the Future of International Law, Chapter 12, Oxford, UK and New York, NY, USA: Oxford University Press, 147–57 [11] PART II THE MAKING OF CUSTOMARY INTERNATIONAL LAW [223 pp] 11. I. C. MacGibbon (1957), ‘Customary International Law and Acquiescence’, British Yearbook of International Law, 33, 115–45 [31] 12. Prosper Weil (1983), ‘Towards Relative Normativity in International Law?’, American Journal of International Law, 77 (3), July, 413–42 [30] 13. Jonathan I. Charney (1986), ‘The Persistent Objector Rule and the Development of Customary International Law’, British Yearbook of International Law, 56 (1), 1–24 [24] 14. C. M. Chinkin (1989), ‘The Challenge of Soft Law: Development and Change in International Law’, International and Comparative Law Quarterly, 38 (4), October, 850–66 [17] 15. Maurice Mendelson (1996), ‘The Subjective Element in Customary International Law’, British Yearbook of International Law, 66 (1), 177–208 [32] 16. Oscar Schachter (1996), ‘New Custom: Power, Opinio Juris and Contrary Practice’, in Jerzy Makarczyk (ed.), Theory of International Law at the Threshold of the 21st Century: Essays in Honour of Krzysztof Skubiszewski, Part II, The Hague, the Netherlands: Kluwer Law International, 531–40 [10] 17. Gaetano Arangio-Ruiz (2007), ‘Customary Law: A Few More Thoughts about the Theory of “Spontaneous” International Custom‘, in Droit du Pouvoir, Pouvoir du Droit: Mélanges offerts à Jean Salmon, Part II, Chapter 6, Brussels, Belgium: Bruylant Publishers, 93–124 [32] 18. Georges Abi-Saab (2008), ‘The Process of Custom Formation in Contemporary International Law’, in P. Askary and J-M. Henckaerts (eds), Proceedings of the Conference on Customary International Humanitarian Law, 17–19 November 2008, Tehran, Iran: International Committee of the Red Cross, 105–15, errata [11] 19. United Nations International Law Commission (2018), ‘Draft Conclusions on Identification of Customary International Law with Commentaries’, (A/73/10), 121–56 [36] PART III THE INTERNATIONAL JUDGE AND CUSTOMARY INTERNATIONAL LAW [165 pp] 20. H. C. M. Charlesworth (1987), ‘Customary International Law and the Nicaragua Case’, Australian Year Book of International Law, 11, 1–31 [31] 21. Frederic L. Kirgis, Jr. (1987), ‘Custom on a Sliding Scale’, American Journal of International Law, 81 (1), January, 146–51 [6] 22. Daniel Bodansky (1999), ‘Non Liquet and the Incompleteness of International Law’, in Laurence Boisson de Chazournes and Philippe Sands (eds), International Law, the International Court of Justice and Nuclear Weapons, Part II, Chapter 10, Cambridge, UK: Cambridge University Press, 153–70 [18] 23. Alberto Alvarez-Jiménez (2011), ‘Methods for the Identification of Customary International Law in the International Court of Justice’s Jurisprudence: 2000–2009’, International and Comparative Law Quarterly, 60 (3), July, 681–712 [32] 24. Peter Tomka (2013), ‘Custom and the International Court of Justice’, Law and Practice of International Courts and Tribunals, 12 (2), 195–216 [22] 25. Stefan Talmon (2015), ‘Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion’, European Journal of International Law, 26 (2), May, 417–43 [27] 26. Niels Petersen (2017), ‘The International Court of Justice and the Judicial Politics of Identifying Customary International Law’, European Journal of International Law, 28 (2), May, 357–85 [29] PART IV THE CODIFICATION OF CUSTOMARY INTERNATIONAL LAW [82 pp] 27. R. Y. Jennings (1947), ‘The Progressive Development of International Law and its Codification’, British Yearbook of International Law, 24, 301–29 [29] 28. H. Lauterpacht (1955), ‘Codification and Development of International Law’, American Journal of International Law, 49 (1), January, 16–43 [28] 29. Donald McRae (2013), ‘The Interrelationship of Codification and Progressive Development in the Work of the International Law Commission’, Journal of International Law and Diplomacy, Kokusaiho Gaiko Zassi (ed), 111 (4), March, 75–94 [20] 30. United Nations (2019), ‘Resolution Adopted by the General Assembly on 20 December 2018’, (73/203)’, 1–5 [5] PART V CUSTOMARY INTERNATIONAL LAW AND TREATY LAW [66 pp] 31. Grigory Tunkin (1993), ‘Is General International Law Customary Law Only?’, European Journal of International Law, 4 (4), 534–41 [8] 32. D. W. Bowett (1993), ‘Treaty Revision in the Light of the Evolution of Customary International Law’, African Journal of International and Comparative Law, 5, 84–96 [13] 33. Arthur Watts (2002), ‘The International Court and the Continuing Customary International Law of Treaties’, in Nisuke Ando, Edward McWhinney, Rüdiger Wolfrum and Betsy Baker Röben (eds), Liber Amicorum Judge Shigeru Oda: Volume 1, Part III, The Hague, the Netherlands: Kluwer Law International, 251–66 [16] 34. Bing Bing Jia (2010), ‘The Relations between Treaties and Custom’, Chinese Journal of International Law, 9 (1), March, 81–109 [29] PART VI PARTICULAR AND ‘SPECIAL’ CUSTOMARY INTERNATIONAL LAW [124 pp] 35. Anthony D’Amato (1969), ‘The Concept of Special Custom in International Law’, American Journal of International Law, 63 (2), April, 211–24 [14] 36. Antonio Cassese (1999), ‘Ex Iniuria Ius Oritur: Are We Moving towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?’, European Journal of International Law, 10 (1), 23–30 [8] 37. Theodor Meron (2005), ‘Revival of Customary Humanitarian Law’, American Journal of International Law, 99 (4), October, 817–34 [18] 38. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles’, in Daniel Bodansky, Jutta Brunnée and Ellen Hey (eds), The Oxford Handbook of International Environmental Law, Part IV, Chapter 19, New York, NY, USA: Oxford University Press, 449–66 [18] 39. Jorge E. Viñuales (2014), ‘Customary Law in Investment Regulation’, Italian Yearbook of International Law, 23 (1), November, 23–48 [26] 40. Campbell McLachlan (2016), ‘Is There an Evolving Customary International Law on Investment?’, ICSID Review, 31 (2), Spring, 257–69 [13] 41. Brian McGarry (2017), ‘The Development of Custom in Territorial Dispute Settlement’, Journal of International Dispute Settlement, 8 (2), May, 339–65 [27] Volume Total: 875 pp
£322.00
Edward Elgar Publishing Ltd Research Handbook on Secession
Book SynopsisCombining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine, offering state-of-the-art analysis of international law on statehood, secession, self-determination and related topics.Featuring contributions from a range of international scholars and experts, the Research Handbook discusses what a state is, distinguishes between declarations of independence and secessions, and examines the differences between secessions and the dissolution of states. Chapters provide both international law and comparative constitutional perspectives on issues of secession, inviting the reader to think afresh about the role of international law in territory and statehood. The Research Handbook also argues for the possibility that combining insights from international and constitutional law in particular could move the debate forward.This incisive Research Handbook will be crucial reading for scholars and students of constitutional and international law, as well as political science academics, with an interest in statehood and secession-related topics. It will further prove useful for international legal practitioners advising on these issues. Trade Review‘Conceptualizing a Handbook on secession in international law based on the contributions of many authors is a particularly daring exercise in view of a historically controversial nature of secession. The Handbook takes a broad view on the concept and thereby succeeds in bringing forward a holistic approach to secession, which approach is to be privileged in modern-day international scholarship.’ -- Ineta Ziemele, Judge, CJEU, former Judge of the ECtHR and Latvian Constitutional CourtTable of ContentsContents: List of contributors vii Acknowledgements xi 1 Introduction to the Research Handbook on Secession 1 Jure Vidmar, Lea Raible and Sarah McGibbon PART I CONCEPTUALISING THE STATE 2 State creation and the concept of statehood in international law 13 Jure Vidmar and Lea Raible 3 The law of statehood as a constellation of hybrids 29 Jean d’Aspremont 4 The principle of territorial integrity 42 James Summers 5 Self-determination short of secession 59 Brad R Roth 6 Successful secession and the value of international recognition 75 Alex Green PART II INTERNATIONAL PRACTICE PART II.1 DEMOCRACY AND DECLARATIONS 7 Independence referendums in international law 92 Daniel Moeckli and Nils Reimann 8 Distinguishing between declarations of independence and secession 112 Priya Urs PART II.2 CONSTITUTIONAL PROCESSES 9 Scotland’s political and constitutional process: negotiating independence under a flexible constitution 128 Silvia Suteu 10 The secession question in Quebec 148 Patrick Dumberry PART II.3 EXTRACONSTITUTIONAL PROCESSES 11 Secession of Kosovo 167 Jure Vidmar 12 Extraconstitutional secession: the Catalan case and its future 183 Pau Luque 13 Secession in liberal-democratic contexts: lessons from Catalonia 201 Pau Bossacoma Busquets PART II.4 DISSOLUTION OF STATES 14 Dissolution of states 218 Jure Vidmar 15 The dissolution of the USSR 237 Anne Østrup 16 From velvet revolution to purple dissolution: dismantling of Czechoslovakia from above 256 Tomas Dumbrovsky and Kristyna Urbanova PART II.5 CHANGING THE NARRATIVE: SPECIAL CASES 17 Jordan and Palestine: union (1950) and secession (1988) 275 Victor Kattan 18 Seceding from failed states: reconsidering the case of Somaliland 293 Sarah McGibbon PART II.6 REMEDIAL SECESSION 19 Bangladesh and the right of remedial secession 312 Abhimanyu George Jain PART III CONSEQUENCES OF SECESSION 20 The law of state succession: regulating the aftermath 331 James Gerard Devaney 21 Meaning(s) of illegality in secession processes 349 Enrico Milano and Niccolò Zugliani Bibliography 366 Index
£198.00
Edward Elgar Publishing Ltd Research Handbook on International Law and
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
£282.00
Edward Elgar Publishing Ltd Research Handbook on International Law and Cities
Book SynopsisThis groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike.Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.Trade ReviewAwarded the 2022 ESIL Collaborative Book Prize'Research Handbooks tend to be just that – a book for reading selected contents one is interested in. Not this Handbook – it is fascinating from the beginning to end. Research Handbook of International Law and Cities, edited by Helmut Philip Aust and Janne E. Nijman, is an innovative collaborative work because it draws light at the growing importance of cities in international legal frameworks. Traditionally, cities have had relatively little to do with international law as the law of nations was constructed around the nation state and its sovereignty. The book invites us to rethink this proposition as it demonstrates how cities have become active in areas traditionally thought to be relating to international law. It thus raises awareness of a blind spot in international law, filling a research gap – adding more actors to the multiplicity of actors relevant in international law. […]‘This is an essential read for all of those studying or working at the intersection of International Relations and urban policy. The volume is a treasure trove of legal and international nuance critical to unpack the challenges that confront the internationalization of cities in the multilateral arena.’ -- Michele Acuto, International Affairs‘I would commend this book to all lawyers practising in the field of public international law and to students of the subject. It is a useful and innovating reference book and contributes to a better understanding of the role of cities in various fields of international law.’ -- Stephen D Sutton, The Law Society Gazette'Aust and Nijman's Research Handbook on International Law and Cities captures the complexity, and the controversy, of the relationship between cities and international law in all its splendour. This is a skilfully designed and executed - and coherent - work from the leading legal scholars in the field. The reader is led through the history, structure and many of the current issues in what is an increasingly well-established field, both academically and in practice. There will be many more thematic avenues to explore but the principles and the path are set out here. This book will become a dear friend for many historians, political scientists and lawyers, to name but a few.' -- Robert Lewis-Lettington, UN-Habitat'Walter Benjamin - foremost among writers on cities - once observed (to paraphrase) that crafting a good piece of writing entails making, at once, a musical composition, an architectural construction, and a woven textile. The Research Handbook on International Law and Cities that Helmut Aust and Janne Nijman have assembled, working with Miha Marcenko and a superb array of contributors, succeeds in all these ways. Combining historical, conceptual, practical and critical takes on the role of cities in global phenomena, and on various manifestations of the global in the urban, it sounds provocative notes for future work. Its construction is at once magisterial and replete with intriguing openings. Its fabric is rich in theoretical and empirical threads of value to international law and cognate disciplines. As one sometimes does in a city, I lost myself in its pages, in the most pleasurable way. Regardless of their disciplinary or geographic starting point, all those who read it - or should I say, visit this volume’s many cities - are sure to emerge newly informed and inspired.' -- Fleur Johns, UNSW Sydney, Australia'This Research Handbook offers a rich array of insightful analyses about the way that international law is being shaped, interpreted, and implemented by cities. After exploring historical antecedents, the volume dives into structural aspects of cities within international law, before tackling the role of cities in reshaping particular subject matter areas, such as climate change, human rights and refugees. For those captivated by States and international organizations as the only actors that count, this volume will change your mind.' -- Sean D. Murphy, George Washington University, US and Member, U.N. International Law CommissionTable of ContentsContents: 1 The emerging roles of cities in international law – introductory remarks on practice, scholarship and the Handbook 1 Helmut Philipp Aust and Janne E. Nijman PART I INTERNATIONAL LEGAL HISTORIES OF CITIES 2 Silk Road cities and their co-existing legal traditions 17 Valerie Hansen 3 Legitimizing interurban cooperation in the Middle Ages: the legal system of the Hanse 29 Tobias Boestad 4 The legal system among Italian city republics 41 Susanne Lepsius 5 Cities and international law: an imperial perspective 52 Luigi Nuzzo 6 Invisibility of cities in classical international law 64 Mirko Sossai 7 Cities, post-coloniality and international law 77 Luis Eslava and George Hill 8 Global city networks and the nation-state: rethinking a false tradeoff 90 Boris Vormann PART II CITIES AND FUNDAMENTAL CONCEPTS OF INTERNATIONAL LAW 9 International legal personality/subjectivity of cities 103 Yishai Blank 10 Sources and law-making 121 Yukiko Takashiba 11 Responsibility 135 Katja Creutz 12 Dispute settlement 147 Moritz Baumgärtel 13 International organizations and cities 158 Jacob Katz Cogan 14 Sovereignty 173 Anouche Beaudouin PART III PRACTICE AREAS: HOW CITIES ARE RESHAPING INTERNATIONAL LAW 15 Climate change law and sustainable development 187 Anél du Plessis 16 The role of transnational city networks in environmental governance 201 Jolene Lin 17 The global insecure counterterrorism city 214 Alejandro Rodiles 18 Finding international law ‘close to home’: the case of human rights cities 227 Martha F. Davis 19 Cities, refugees and migration 240 Barbara Oomen 20 Development cooperation and the city 251 Michael Riegner 21 The role of cities in the global governance of health 265 Christian Iaione and Elena de Nictolis 22 The law of economic globalization and cities 279 Jorge E. Viñuales and Lucy Lu Reimers 23 From global city to Olympic city: the transnational legal journey of London 2012 293 Antoine Duval 24 City diplomacy: experience from the ground 305 Mauricio Rodas PART IV CROSS-CUTTING PERSPECTIVES ON CITIES AND INTERNATIONAL LAW 25 An international relations perspective 321 Simon Curtis 26 Urbanizing political concepts for analyzing politics in the city 329 Nir Barak and Avner de Shalit 27 Cities as democratic representatives in international law-making 341 Samantha Besson and José Luis Martí 28 Cities, the Anthropocene and earth system law 354 Louis J. Kotzé 29 City networks and the glocalization of urban governance 368 Sheila R. Foster and Chrystie Swiney 30 The relationship between the state and the city from a comparative (constitutional) perspective 381 Geneviève Cartier 31 How domestic legal systems respond to international local government law: between accommodation, resistance and transformation 398 Carlo M. Colombo and Martijn L.P. Groenleer 32 Global administrative law and cities: the perfect couple that never was 411 Edouard Fromageau 33 Inter-legality, cities and the changing nature of authority 419 Jan Klabbers 34 International lawyers and the city 430 Daniel Litwin 35 The hidden city in international legal thought 443 Karen Knop Appendix 457 Helmut Aust and Janne E. Nijman Index
£210.00
Edward Elgar Publishing Ltd The Internally Displaced Person in International
Book SynopsisWhile the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons. Scholars in the field of forced migration and law, policy-makers and international agencies will recognize the significance of the author's thorough examination of The Internally Displaced Person in International Law.Trade Review'Our planet counts over 45 million internally displaced persons. Internal displacement is complex and politically fraught, thus often overlooked. Dr Adeola has produced a highly informative compendium of the international, regional and especially - despite scarce sources - national legal regimes of all African countries, which allows for a much clearer picture of the frailty of their legal condition.' --François Crépeau, McGill University, Canada'Everyone looking for a succinct but comprehensive overview of the law relevant for the protection of today's more than 40 million internally displaced persons should turn to this book. The author's focus on regional and African national perspectives is a particularly welcome contribution to the literature in this field.' --Walter Kälin, University of Bern, SwitzerlandTable of ContentsContents: Foreword 1. An Internally Displaced Persons Described 2. Complementary International Legal Protection Regimes 3. The United Nations Guiding Principles On Internal Displacement 4. Regional Approaches To The Protection Of Internally Displaced Persons 5. National Perspectives To The Protection Of Internally Displaced Persons 6. Institutional Protection 7. Conclusion And Recommendations Bibliography Index
£85.00
Edward Elgar Publishing Ltd Extraterritoriality in East Asia:
Book SynopsisExtraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region.Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea.Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.Trade Review‘Ireland-Piper’s book brings together three nations that have been under-studied in the English language literature, both individually and comparatively. Through concise and eloquent writing, Ireland-Piper has amply achieved her two stated aims. Readers will gain a contextualised understanding of how extraterritorial jurisdiction (especially vis-a`-vis prescriptive extraterritorial criminal jurisdiction) operates in the three nations, and appreciate the convergences and divergences between them. In short, this book equips readers with a solid starting point for further research into this important subject.’ -- Jianlin Chen, Australian Journal of Asian Law'In Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea, Danielle Ireland-Piper has again demonstrated her comprehensive knowledge, and sharp analysis, of some of the most complex and most pressing legal issues of our time. Her insights, combined with those of her co-authors, and the clarity with which she expresses them, creates an invaluable resource both for those seeking to understand the law as it stands and for those who ponder how it can be improved.' -- Dan Svantesson, Bond University, Australia'A fabulous resource. Significant literature assesses the extraterritorial application of criminal law and the uses of extraterritorial jurisdiction by the United States and Europe. Few English language resources, however, analyze the phenomenon elsewhere. This terrific book--thoughtful in its approach and carefully balanced in its analysis--fills an important gap, providing a glimpse into East Asia practices. Through three country studies, the book provides a rich exploration of the uses of extraterritorial criminal jurisdiction within specific constitutional contexts, while touching on implications for international law's jurisdictional principles. Danielle Ireland-Piper has crafted a must-read for those wanting to understand how extraterritorial criminal jurisdiction operates in China, Japan, and South Korea.' -- Austen Parrish, Indiana University Maurer School of Law, USTable of ContentsContents: 1. Introduction: Danielle Ireland-Piper 2. Recapping principles of jurisdiction at international law: Danielle Ireland-Piper 3. China and extraterritorial criminal jurisdiction: Sanzhuan Guo and Danielle Ireland-Piper 4. Japan and extraterritorial criminal jurisdiction: Danielle Ireland-Piper and Machiko Kanetake 5. South Korea and extraterritorial criminal jurisdiction: Heetae (Andrew) Bae and Danielle Ireland-Piper 6. Convergence and divergence in the regulation of extraterritorial criminal jurisdiction in China, Japan, and South Korea: Danielle Ireland-Piper Index
£78.00
Edward Elgar Publishing Ltd Research Handbook on Transitional Justice
Book SynopsisProviding detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged. The Research Handbook is extensive in scope, with chapters discussing the concepts, actors, mechanisms and practices of transitional justice. They address the challenges of implementing a range of transitional justice mechanisms, including methods of truth recovery, criminal trials and reparation and lustration programmes. Going a step further, this book also expands the gaze of transitional justice to include underexplored areas, such as art and transitional justice, media and transitional justice and unique international case studies, such as Cambodia and Palestine. Timely and thought provoking, the Research Handbook on Transitional Justice will be of interest to both scholars and students, particularly those working in the areas of transitional justice and peace-building. It will also prove a valuable reference tool for practitioners of transitional justice and international criminal justice, helping to inform best practice.Contributors: A. Breslin, B.C. Browne, A. Davidian, S. Dezalay, P.J. Dixon, A. Fichtelberg, L.E. Fletcher J. Gallen, T. Hadden, T.O. Hansen, C. Harwood, R. Hodzic, C.M. Horne, E. Kenney, R. Killean, C. Lawther, P. McAuliffe, F. Mégret, L. Moffett, C. O'Rourke, J.R. Quinn, N. Roht-Arriaza, M. Schkolne, D.N. Sharp, L. Stan, D. Tolbert, C. Turner, R. Vagliano, H. van der Merwe, H.M. WeinsteinTrade Review'This is an exciting time to be working in transitional justice as is confirmed by this Research Handbook. This collection draws from a rich breadth of diverse settings, a broad interdisciplinary range of literature and offers a reflective, critical and persuasive overview of many of the key debates in the field. It is an excellent volume which will do much for both the thinking in and the doing of transitional justice. The editors and contributors are to be congratulated for such fine work.' --Kieran McEvoy, Queen's University Belfast, UKTable of ContentsContents: Foreword William Schabas Introduction – Researching Transitional Justice: The Highs, the Lows and the Expansion of the Field Cheryl Lawther and Luke Moffett Part I: The Concept(s) of Transitional Justice 1. The Development of Transitional Justice Joanna R. Quinn 2. The Time and Space of Transitional Justice Thomas Obel Hansen 3. Transitional Justice and Critique Catherine Turner 4. Transitional Justice’s Impact on Rule of Law: Symbol or Substance? Padraig McAuliffe 5. Transitional Justice and Human Rights Frédeéric Mégret and Raphael Vagliano 6. Transitional Justice and Gender Catherine O’Rourke 7. Transitional Justice and ‘Local’ Justice Dustin N. Sharp 8. Transitional Justice and Development Peter J. Dixon Part II: The Actors of Transitional Justice 9. The United Nations and Transitional Justice Alison Davidian and Emily Kenney 10. The Role of International NGOs in the Emergence of Transitional Justice: A case study of the International Center for Transitional Justice Sara Dezalay 11. The Role of Local Civil Society in Transitional Justice Hugo van der Merwe and Maya Schkolne 12. Transitional Justice and the ‘Plight’ of Victimhood Laurel E. Fletcher and Harvey M. Weinstein 13. Art and Transitional Justice: The 'Infinite Incompleteness' of Transition Andrea Breslin 14. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship Refik Hodzic and David Tolbert Part III: The Mechanisms of Transitional Justice 15. The International Criminal Court: In the Interests of Transitional Justice? James Gallen 16. Transitional Justice and the End of Impunity: Hybrid tribunals Aaron Fichtelberg 17. Transitional Justice and Truth Commissions Cheryl Lawther 18. Transitional Justice and Amnesties Tom Hadden 19. Transitional Justice and Reparations: Remedying the Past? Luke Moffett 20. Contributions of International Commissions of Inquiry to Transitional Justice Catherine Harwood 21. Transitional Justice: Vetting and Lustration Cynthia M. Horne Part IV: The Practice of Transitional Justice 22. Guatemala: Lessons for Transitional Justice Naomi Roht-Arriaza 23. Pursuing Retributive and Reparative Justice within Cambodia Rachel Killean 24. Transitional Justice and the Case of Palestine Brendan Ciarán Browne 25. Transitional Justice in Central and Eastern Europe Lavinia Stan Index
£47.45
Edward Elgar Publishing Ltd Advanced Introduction to Space Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation. Key features include: an accessible and engaging writing style a forward-looking approach to how technological developments will be addressed in law discussion of space law within the boundaries of technology, operations, economics and politics consideration of fundamental paradigm changes, such as the increasing commercialization and privatization of space activities. This Advanced Introduction is ideal for advanced students looking for a clear and concise overview of space law. It also provides an entry point for academics and practitioners who need to understand the relationship between space and law.Trade ReviewIn the best tradition of Manfred Lachs, Frans Von der Dunk's most recent book provides a new, refreshing and well structured overview of the most important aspects and characteristics of space law and the many contingent legal regimes that accompany its operations. It offers a useful and insightful guide into some of its current developments under the progressive events that continue to shape and adapt it to new circumstances. It sheds new light on the nature and impact of the rules created to govern the ''fourth realm''' of human activity.' --Peter Jankowitsch, International Academy of Astronautics'A new book by Professor Frans von der Dunk, one of the most learned space lawyers, is always an important event in the field. In his Advanced Introduction to Space Law he presents an excellent view of the current status and evolution of space law, avoiding the opposing poles of trying to maintain every rule of the present legal framework on the one hand and discarding every rule that seems to be no longer relevant to new activities on the other. His presentation is well organised into seven chapters which enable the reader to have a clear view of every aspect of the law applicable to activities in outer space.' --Armel Kerrest, European Centre for Space Law, FranceTable of ContentsContents: 1. The Concept of Space Law 2. The Inner Core: Space Law Stricto Sensu 3. The ‘Northern’ Part of the First Ring of Space Law 4. The ‘Southern’ Part of the First Ring of Space Law 5. The Second Ring of Space Law 6. The Third Ring: National Space Legislation 7. The Future of Space Law Bibliography Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Space Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation. Key features include: an accessible and engaging writing style a forward-looking approach to how technological developments will be addressed in law discussion of space law within the boundaries of technology, operations, economics and politics consideration of fundamental paradigm changes, such as the increasing commercialization and privatization of space activities. This Advanced Introduction is ideal for advanced students looking for a clear and concise overview of space law. It also provides an entry point for academics and practitioners who need to understand the relationship between space and law.Trade ReviewIn the best tradition of Manfred Lachs, Frans Von der Dunk's most recent book provides a new, refreshing and well structured overview of the most important aspects and characteristics of space law and the many contingent legal regimes that accompany its operations. It offers a useful and insightful guide into some of its current developments under the progressive events that continue to shape and adapt it to new circumstances. It sheds new light on the nature and impact of the rules created to govern the ''fourth realm''' of human activity.' --Peter Jankowitsch, International Academy of Astronautics'A new book by Professor Frans von der Dunk, one of the most learned space lawyers, is always an important event in the field. In his Advanced Introduction to Space Law he presents an excellent view of the current status and evolution of space law, avoiding the opposing poles of trying to maintain every rule of the present legal framework on the one hand and discarding every rule that seems to be no longer relevant to new activities on the other. His presentation is well organised into seven chapters which enable the reader to have a clear view of every aspect of the law applicable to activities in outer space.' --Armel Kerrest, European Centre for Space Law, FranceTable of ContentsContents: 1. The Concept of Space Law 2. The Inner Core: Space Law Stricto Sensu 3. The ‘Northern’ Part of the First Ring of Space Law 4. The ‘Southern’ Part of the First Ring of Space Law 5. The Second Ring of Space Law 6. The Third Ring: National Space Legislation 7. The Future of Space Law Bibliography Index
£21.00
Edward Elgar Publishing Ltd (Re)structuring Copyright: A Comprehensive Path
Book SynopsisAs the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform.This book’s main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed.Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.Trade Review‘(Re)structuring Copyright is a page-turner book that sheds light on the structural flaws of the copyright framework while proposing substantial reforms in view of the challenges of the 21st century. This provocative title is a must-read not only for policymakers, academics, and practitioners focused on copyright but also for anyone who wants to delve into this field.’ -- Verónica Rodríguez Arguijo, The IPKat‘If WIPO was instructive, then Gervais’ new book is positively illuminating. From its demure law-like binding and meticulously researched pages emerge existential and ontological questions of the highest order focused, in particular, upon Gervais’ concern for the stimulation, nurturing and protection of creation, talent and creativity by re-structuring copyright law to further those purposes against the complex legal background of what constitutes originality and fixation. With rhetorical flare and an infectious passion, Gervais sets out the history, and worries about the future of human progress with reference to the kinds of terra-à-terre issues we face in realms such as the MSF’s entanglement with big pharma, by setting out the rather slipshod approach that has lurched forward in response to efforts of creators who have sought to protect the products of their genius.’ -- AmeriQuests‘This is a very well-written book filled with excellently reasoned exposition and novel ideas. . . This book will be most useful to policy makers and national legislators who are involved in any effort to reform copyright, and are looking for ways to understand and approach the task of restructuring copyright, both internationally and domestically. As an academic text, it is a thought-provoking text with novel ideas and proposals that will be of interest to any copyright scholar researching international copyright treaties and rules, as well as to any copyright student looking for controversial areas of reform to form the basis of their studies and essays.’ -- Queen Mary Journal of Intellectual Property‘Addressed to both academics and policy makers alike, (Re)Structuring Copyright is surely going to raise a great deal of interest among those who are interested in the elucidation of copyright norms. A highly recommended read.' -- Journal of Intellectual Property Law and PracticeTable of ContentsContents: PART I IDENTIFYING STRUCTURAL ISSUES 1. Copyright in Common Law Jurisdictions 2. The International Emergence of Author’s Rights 3. The Three-Step Test 4. Protection Thresholds: Originality and Fixation 5. Vicarious and Participative Creativity 6. A Place for Authors 7. A Place for Users PART II PROPOSED STRUCTURAL REFORMS 8. The Quadrants of Authorship 9. Structuring the Right(s) 10. Structuring Exceptions and Limitations 11. Collective and Extended Licensing 12. Formalities 14. Copyright and Development Index
£25.60
Edward Elgar Publishing Ltd Advanced Introduction to Global Administrative
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.Trade Review‘Cassese provides a rich introduction to the touchstones of global administrative law and its contemporary space. The author has crafted an introductory handbook for lawyers, scholars and international political scientists that provides a sound base upon which they may ground their understanding of global administrative law, the global space, and the impact of these elements on the manner in which modern states function.’ -- Grant Caswell, South African Law Journal'It is always a pleasure and a profit to read Sabino Cassese, so wide is his knowledge and so efficient his writing. He gives us here a remarkable introduction to global administrative law, as clear on the theoretical bases of this new field of law as it is nourished by numerous enlightening concrete examples. A must-read for everyone who is interested in the legal globalization matter.' -- - Jean-Bernard Auby, Sciences Po Paris, France'Sabino Cassese shows in his book the deep structure, resilience, and promise of global administrative law. While many have diagnosed a return to state-centered legalism and politics, he shows that world society, though fragmented, is here to stay and, with it, a global administrative law that is worth developing. Cassese, perhaps the most knowledgeable person on public law issues worldwide, traces paths that should be considered carefully. His book's thoroughness, optimism and universalism make it a rewarding read.' -- - Armin von Bogdandy, Max-Planck Institute for Comparative Public Law and International Law, GermanyTable of ContentsContents: 1. In the labyrinth of globalization 2. The global legal space at a glance 3. The global legal space in detail 4. Administrative globalization 5. The global administrative machine 6. Regulation, adjudication and dispute settlement beyond the state 7. National administrative cultures and global regulators 8. The international role of domestic bureaucracies 9. Global administrative law: the principles 10. Global administrative law: the implementation of principles 11. Towards global justice and democracy? 12. National governments and globalization Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Global Administrative
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.Trade Review‘Cassese provides a rich introduction to the touchstones of global administrative law and its contemporary space. The author has crafted an introductory handbook for lawyers, scholars and international political scientists that provides a sound base upon which they may ground their understanding of global administrative law, the global space, and the impact of these elements on the manner in which modern states function.’ -- Grant Caswell, South African Law Journal'It is always a pleasure and a profit to read Sabino Cassese, so wide is his knowledge and so efficient his writing. He gives us here a remarkable introduction to global administrative law, as clear on the theoretical bases of this new field of law as it is nourished by numerous enlightening concrete examples. A must-read for everyone who is interested in the legal globalization matter.' -- - Jean-Bernard Auby, Sciences Po Paris, France'Sabino Cassese shows in his book the deep structure, resilience, and promise of global administrative law. While many have diagnosed a return to state-centered legalism and politics, he shows that world society, though fragmented, is here to stay and, with it, a global administrative law that is worth developing. Cassese, perhaps the most knowledgeable person on public law issues worldwide, traces paths that should be considered carefully. His book's thoroughness, optimism and universalism make it a rewarding read.' -- - Armin von Bogdandy, Max-Planck Institute for Comparative Public Law and International Law, GermanyTable of ContentsContents: 1. In the labyrinth of globalization 2. The global legal space at a glance 3. The global legal space in detail 4. Administrative globalization 5. The global administrative machine 6. Regulation, adjudication and dispute settlement beyond the state 7. National administrative cultures and global regulators 8. The international role of domestic bureaucracies 9. Global administrative law: the principles 10. Global administrative law: the implementation of principles 11. Towards global justice and democracy? 12. National governments and globalization Index
£21.00
Edward Elgar Publishing Ltd International Law on the Maintenance of Peace:
Book SynopsisThe law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects.Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments.Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.Trade Review'In our war-torn world, this book renews our understanding of the importance of peace as a legal and moral norm. It also provides the most comprehensive discussion of how and why the international law against war works to achieve peace. No scholar, student, government official or concerned person should fail to consult it.' --Mary Ellen O'Connell, University of Notre Dame, USTable of ContentsContents: Foreword PART I General features and historic development of the law of and against war - jus contra bellum 1. General features 2. The historic development of limitations on recourse to force: Main periods in which the jus ad bellum has come under pressure 3. Overview: state of the law in 1939 PART II Powers of the organised collectivity (particularly the UN Security Council) 4. Scheme and structure of the UN Charter 5. Chapter VII of the Charter: coercive powers of the Security Council 6. Executing (by force?) a judgment of the International Court of Justice 7. The exercise of parallel competences by the Security Council and the International Court of Justice 8. The binding character of Security Council decisions under Chapter VII or under Article 94 § 2 of the Charter ; Article 50 of the Charter 9. Classic and robust peacekeeping operations 10. Chapter VII of the Charter and neutrality PART III The prohibition against the use of force and exceptions for individual States 11. The prohibition against the use of force: Article 2 § 4 of the Charter 12. Exceptions to the prohibition against the use of force 13. Peaceful change 14. General conclusions Bibliography Index
£40.95
Edward Elgar Publishing Ltd Research Handbook on Law and Diplomacy
Book SynopsisThis timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship.An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors – including NGOs and corporations – in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct.This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.Trade Review‘A distinguished roster of scholars and diplomats tells the story of how law and diplomacy lace together to create contemporary international affairs. This book is the ideal place to see behind the scenes where professionals in foreign offices, international institutions, and academia draw together legal and diplomatic resources. It is an exemplary collection for scholars of international law and politics.’ -- Ian Hurd, Northwestern University, USTable of ContentsContents: Preface xiv 1 The interdependence of law and diplomacy: introduction to the Research Handbook on Law and Diplomacy 1 Margaret E. McGuinness and David P. Stewart PART I HISTORICAL PERSPECTIVES AND CASE STUDIES IN LAW AND DIPLOMACY 2 Law, diplomacy and German unification 23 Jeremy Hill and Michael Wood 3 Law and diplomacy in the compulsory conciliation between Australia and Timor-Leste 41 Katrina Cooper 4 Lawyering and the use of force in Libya and Syria operations 61 Mary B. DeRosa PART II LAW, DIPLOMACY, AND INTERNATIONAL DISPUTE RESOLUTION 5 At the intersection of diplomacy and international law: the ISDS reform process 84 Chiara Giorgetti 6 Disequilibrium in the multilateral trading system and the (necessary) return of diplomacy 103 Robert McDougall PART III LAW AND DIPLOMACY AT INTERNATIONAL ORGANIZATIONS 7 The IMF and the evolution of international monetary and financial law 123 Sean Hagan 8 Law and diplomacy at the World Health Organization 138 Steven A. Solomon and Kenneth Piercy PART IV LAW, DIPLOMACY, AND CIVIL SOCIETY 9 Judicial diplomacy and the global community of law: the federal judiciary advancing the rule of law abroad 156 The Honorable Sidney H. Stein and Omar Badawi 10 Diplomacy of legal reform at the OAS 174 Luis Humberto Toro Utillano 11 Non-governmental organizations as international law’s diplomats 192 Elizabeth Andersen PART V LAW AND MULTILATERAL DIPLOMACY: GLOBAL CHALLENGES 12 Environmental diplomacy: “the elements” 209 Makane Moïse Mbengue and Elena Cima 13 Space law and diplomacy 227 Christopher J. Borgen 14 Law and diplomacy in the business and human rights treaty negotiations 248 Humberto Cantú Rivera and Danielle Anne Pamplona PART VI DIPLOMACY AND INTERNATIONAL HUMAN RIGHTS LAW 15 Diplomacy and compliance at the Inter-American Commission on Human Rights 263 Joel Hernández 16 Human rights treaty bodies: law, diplomacy, either or neither 282 Bakhtiyar Tuzmukhamedov PART VII LAWYERS, DIPLOMATS, AND ETHICAL CONSIDERATIONS 17 Lawyer or diplomat? 300 Miguel de Serpa Soares 18 Legal advisers’ professional duties in the diplomatic context 320 Harry Aitken 19 Law as power: advising the state and the practice of diplomacy 340 Mohamed Helal Index 358
£182.00
Edward Elgar Publishing Ltd Concepts for International Law: Contributions to
Book Synopsis'This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.'- Anne Orford, Melbourne Law School, Australia'Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.'- Benedict Kingsbury, New York University, School of Law, USConcepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline.This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life.Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read. Contributors include: P. Allott, A. Anghie, A. Bianchi, L. Bonadiman, F.L. Bordin, C. Brölmann, B. Çali, P. Capps, H. Charlesworth, J.K. Cogan, H.G. Cohen, R. Collins, J. d'Aspremont, M. Goldmann, G. Gordon, J. Haskell, K.J. Heller, G.I. Hernández, F. Hoffmann, D.B. Hollis, O.U. Ince, V. Jeutner, F. Johns, O. Kessler, J. Klabbers, R. Knox, N. Krisch, V. Kumar, M.M. Mbengue, F. Mégret, T. Meyer, C.A. Miles, S. Moyn, S. Neff, J. Nijman, A. Nollkaemper, U. Öszu, A. Peters, M. Prost, Y. Radi, N.M. Rajkovic, A. Rasulov, W. Rech, F.D. Reis, C. Ryngaert, P. Schlag, I. Scobbie, M. Shahabuddin, G. Simpson, S. Singh, T. Skouteris, U. Soirila, T. Sparks, C.J. Tams, A.A.C. Trindade, N. Tzouvala, A. van Mulligen, I. Venzke, G. Verdirame, J. von Bernstorff, I. WuerthTrade Review‘An extremely well-indexed treasure chest which allows the reader to follow an idea through the lenses of different authors and to understand the historical and conceptual contexts in which each lens is situated. The scholarship is stellar, emanating from long-established luminaries as well as innovative, newer participants at earlier stages of their careers. The contributors hail from eighteen countries, with at least one participant from each of the geographical regions of the globe, which adds to the cosmopolitan flavour of the text. . . it will illuminate, provoke and inform. The book is described as essential reading for “researchers, postgraduates and doctoral students”, I think it could prove to be invaluable at earlier stages of study as well.’ -- C H Powell, The South African Law Journal‘This volume offers an indispensable guide to the concepts that have shaped the life of international law in theory and practice. With contributions from a stellar cast of innovative scholars, Concepts for International Law reveals the power of international legal language and the worlds it makes possible.’ -- Anne Orford, Melbourne Law School, Australia‘Visiting this collection brings to mind an elegant small Euro-Atlantic art museum from a single period, eclectic but coherent and unified by the imaginative taste of the curators. The entries are fine exemplars rather than comprehensive, the contributors respectably avant-garde and many already very well known or will be, the whole engagingly luminous.’ -- Benedict Kingsbury, New York University, School of Law, US‘This volume traverses the concepts that aim to anchor international law. Presented as an “experiment”, the work assembles the greatest voices to interrogate the power of international law’s core concepts. And it does so with much success. This is a magnificent work’. -- Larissa van den Herik, Leiden University, the Netherlands‘The editors of this book offer it as a response to what they see as a profound contemporary malaise in international law, connected to a faltering faith in the liberal cosmopolitanism, and a deep understanding of international law's implications in many of the world's most horrific inequities and injustices. Through its diverse chapters, they explore the counterintuitive but intriguing proposition that the way out may lie in a new mode of ‘conceptualisation’, that is to say, a way of being in which the flawed conceptual heritage of international law is understood to require not just powerful critique, but also an attitude of gentle and knowing stewardship.’ -- Andrew Lang, University of Edinburgh, UK‘This is an extremely rich and diverse collection of chapters on some important foundational concepts in international law. The chapters reflect the variety of approaches in international law today. I really enjoyed reading the book, as it challenged several of my assumptions about the field.’ -- Wouter Werner, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction: Concepts for International Law: Contributions to Disciplinary Thought Jean d’Aspremont and Sahib Singh A Analogy Fernando Lusa Bordin Authority Başak Çalı Autonomy Richard Collins B Bindingness Jean d’Aspremont C Civilization Ntina Tzouvala Coherence Yannick Radi Compliance Ingrid Wuerth Consent Stephen Neff Constitutionalisation Anne Peters Critic Jochen von Bernstorff D Democracy Hilary Charlesworth Development Onur Ince Discourse Florian Hoffmann Domination Anthony Anghie E Effectiveness Gleider I. Hernandez Epistemic Communities Andrea Bianchi Ethics Jan Klabbers Ethnicity Mohammad Shahabuddin F Faith Luca Bonadiman Fragmentation Harlan Grant Cohen H Hegemony Robert Knox Humanity Ukri Soirila I Identity John Haskell Ideology Walter Rech Imagination Gerry Simpson Imperialism Akbar Rasulov Indeterminacy Cameron A. Miles Individual Antônio Augusto Cançado Trindade Instrumentalism Timothy Meyer Interdisciplinarity Nikolas M. Rajkovic International Community Christian J. Tams International Crime Kevin Jon Heller International Organization Jacob Katz Cogan Interpretation Duncan B. Hollis Interpretivism Patrick Capps J Jurisdiction Cedric Ryngaert Justice Frédéric Mégret L Legal Dilemma Valentin Jeutner Legal Form Umut Özsu Legality Fleur Johns Legitimacy Oliver Kessler and Filipe Dos Reis N Normativity Anne van Mulligen P Personality Catherine Brölmann and Janne Nijman Pluralism Nico Krisch Precedent Makane Moïse Mbengue Progress Thomas Skouteris R Reason Pierre Schlag Relative Normativity Matthias Goldmann Responsibility André Nollkaemper Revolutionaries Vidya Kumar Rights Samuel Moyn Rule of Law Philip Allott S Semantic Authority Ingo Venzke Sovereignty Guglielmo Verdirame State Tom Sparks System Mario Prost U Universalism Geoff Gordon Utopian Akbar Rasulov W War Iain Scobbie Index
£56.95
Edward Elgar Publishing Ltd Research Handbook on International Food Law
Book SynopsisWith contributions from over 30 international legal scholars, this topical Research Handbook on International Food Law provides a reflective and crucial examination of the rules, power dynamics, legal doctrines, societal norms, and frameworks that govern the modern global food system. The Research Handbook analyses the interlinkages between producers and consumers of food, as well as the environmental effects of the global food network and the repercussions on human health. Chapters explore the development of food law and governance strategies, the regulation of novel foods, including insects, and the application of technology and science in food production, such as genetically engineered food. The insightful contributions examine the legal challenges facing the global food system and suggest practical recommendations for future research and reform. Providing a comprehensive and interdisciplinary perspective on the complex legal landscape of food production and consumption, this Research Handbook will be essential reading for students and scholars of food law, consumer law, public international law, and regulation and governance, as well as food system advocates, international lawyers, and policymakers.Table of ContentsContents: 1 Introduction: making a case for international food law 1 Michael T. Roberts PART I DEVELOPMENT OF INTERNATIONAL FOOD LAW ROLE OF LAW IN GLOBAL GOVERNANCE OF FOOD 2 What’s the use of food regime analysis for international law? 17 Anne Saab 3 Food law’s agrarian question: capital, global farmland, and food security in an age of climate disruption 29 William Boyd 4 The intersection of international, European, and global food law: rules, trends, and challenges 63 Ferdinando Albisinni DEVELOPMENT OF FOOD LAW AND GOVERNANCE STRATEGIES 5 Drafting national food laws in a globally connected world 95 Jessica Vapnek and Melvin Spreij 6 The future of planning for food system governance 117 Laurie J. Beyranevand and Emily M. Broad Leib CULTURAL PRESERVATION IN DEVELOPMENT OF INTERNATIONAL FOOD LAW 7 The food–water nexus in the post-revolutionary Mexican Supreme Court 148 Peter L. Reich 8 Food law and third-world approaches to international law (TWAIL): ingredients in a movement, techniques for analysis, recipes for reform, and a future menu 166 Ernesto Hernández-López 9 Community and geography in a holistic approach to food law 183 Marsha A. Echols COMPARATIVE LAW APPLIED TO FOOD LAW 10 Comparative food law 199 Bernd van der Meulen and Bart Wernaart PART II INTERNATIONAL FOOD GOVERNANCE AND LAW FRAMEWORKS FOOD TRADE AND SAFETY 11 Global governance of food safety: the role of the FAO, WHO, and Codex Alimentarius in regulatory harmonization 227 Neal D. Fortin 12 Interactions between food safety protection and trade liberalization in the WTO and FTAs 243 Ching-Fu Lin 13 The Food Safety Modernization Act and international trade rules 261 David A. Wirth 14 ESG, supply chain due diligence and food systems transformation: changes and challenges 291 Uché Ewelukwa Ofodile 15 The regulation of insects as food 315 Steph Tai 16 Food safety governance and good practices for better rulemaking 332 Juanjuan Sun 17 Codex Alimentarius at home and abroad: the regulatory costs of developing and implementing international and national food-safety standards 347 Brian A. Fink LABELING AND CERTIFICATION 18 Sugar labeling: challenges and approaches 369 Alexia Brunet Marks 19 Private third-party verification of product claims: lessons from kosher certification 387 Timothy D. Lytton 20 Class action litigation targeting the food industry: U.S. and international perspectives 409 Tommy Tobin ENVIRONMENTAL LAW AND FOOD 21 Climate change issues in international food law 427 Francesco Bruno 22 Bodies as food system sacrifice zones 443 Margot J. Pollans TECHNOLOGY AND SCIENCE 23 The digital food economy, from food regulation to data governance 471 Pinghui Xiao and Vicki Waye 24 International regulation of genetically engineered food 498 Joanna K. Sax ANIMAL WELFARE 25 Using the law to enhance the welfare of food-producing animals: recognising sentience, raising standards 515 Caoimhín MacMaoláin HUMAN RIGHTS AND FOOD SOVEREIGNTY 26 When crits go to the UN: conversations with Olivier De Schutter, Hilal Elver and Michael Fakhri about the right to food 534 Amy J. Cohen and Nadia C.S. Lambek Index 552 Prepared by Michael T. Roberts
£245.00
Edward Elgar Publishing Ltd International Conflict and Security Law
Book SynopsisThis incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges.From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.Trade Review‘International Conflict and Security Law is an eminently readable text. This is enhanced by its inclusion of a feature whereby key contemporary controversies or debates are highlighted by their incorporation within boxes, drawing out the real-life relevance of many of the issues explored within the book. The book is admittedly brief in its treatment of the issues which it addresses. This is of necessity given the vast body of law it attempts to touch upon. As a result it serves as a very useful introduction to the relevant legal frameworks and debates for those, principally students, new to the subject before moving on to more comprehensive focused works which tackle more specifically the applicable legal regimes individually.’ -- Gary Wilson, Liverpool Law Review‘Professor Blank has masterfully and concisely condensed the complex subject of international conflict and security law into a delightful and informative book that reads clearly enough to be accessible to the general public but is also sufficiently detailed and academic to serve as a textbook for the most avid student. Absolutely superb!’ -- Eric Talbot Jensen, Brigham Young University, USTable of ContentsContents: Introduction: conflict, security and international law PART I CONFLICT PREVENTION AND COLLECTIVE SECURITY 1. Collective security and the United Nations 2. Disarmament, non-proliferation, and arms control 3. Counterterrorism, emergencies, and human rights PART II JUS AD BELLUM AND THE RESORT TO FORCE 4. Jus ad bellum: history and framework 5. Self-defense: law and practice 6. Humanitarian intervention? PART III MILITARY OPERATIONS AND THE LAW OF ARMED CONFLICT 7. Law of armed conflict: purposes and principles 8. Classification of conflict 9. Status and protection of persons 10. Conduct of hostilities and detention PART IV POST-CONFLICT: ACCOUNTABILITY AND TRANSITIONAL JUSTICE 11 International criminal accountability 12 Transitional justice Index I
£105.00
Edward Elgar Publishing Ltd The International Governance of Artificial
Book SynopsisThis timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation.Organized into four parts, The International Governance of Artificial Intelligence demonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights.Students of law and governance will benefit from this book, particularly when studying emerging technologies, international economic law and general international law. Those researching policy creation and regulation will additionally find it to be an enlightening read.Table of ContentsContents: Preface Introduction to The International Governance of Artificial Intelligence PART I AI AND INTERNATIONAL GOVERNANCE 1. The need for the international governance of AI 2. AI actors and the landscape of AI regulation PART II SOURCES OF THE INTERNATIONAL GOVERNANCE OF AI 3. AI and the market 4. AI developers, associations, and the academic community 5. AI, the state, and national law 6. AI and international law 7. AI and international organizations 8. AI and international civil society PART III INTERNATIONAL AI GOVERNANCE IN PERSPECTIVE 9. International AI governance in a time of retrenchment 10. International human rights as ‘ideal’ AI governance PART IV CONCLUSIONS 11. Conclusion. Index
£122.40
Edward Elgar Publishing Ltd Advanced Introduction to International Conflict
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.Trade Review‘A highly accessible and insightful overview of international conflict and security law, written by one of the leading scholars in the field. Rather than focusing on black-letter law, White places the legal framework within its historical and political context, adding helpful and up-to-date illustrations along the way. Its distinct focus on human security as well as its comprehensiveness – also covering arms control and “post-conflict” law – make for an original publication that will be of great use to newcomers and habitués alike.’ -- Tom Ruys, International Law Institute, Ghent University, Belgium‘Nigel White has provided a very worthwhile contribution to the literature on the law relating to armed conflict and arms control with his Advanced Introduction to International Conflict and Security Law . His book succeeds in combining in depth coverage of a broad range of topics with accessibility. It will be valuable in teaching (post) graduate level courses in the areas of law covered, including the law governing the use of force, the law of armed conflict and arms control regimes, as well as serving as a useful tool for researchers in those areas of the law. It also makes a number of interesting observations on how the law relates to policy and other considerations which will help the reader put the legal dimension of armed conflict into a broader perspective.’ -- T.D. Gill, Emeritus Professor of Military Law, University of Amsterdam, the Netherlands‘Professor Nigel White is an established author in this field. The new edition of this book provides an authoritative, comprehensive yet succinct and up-to-date analysis of the law and practice in this area. I am happy to recommend this insightful and accessible book to those interested in conflict and security law.’ -- Surya P. Subedi, University of Leeds, UKTable of ContentsContents: Preface 1. Basic conditions of peace and security 2. Arms control law 3. The use of force in international law 4. The regulation of private violence 5. Collective security law 6. The law of armed conflict 7. Post-conflict law 8. Peace and justice Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to International Conflict
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.Trade Review‘A highly accessible and insightful overview of international conflict and security law, written by one of the leading scholars in the field. Rather than focusing on black-letter law, White places the legal framework within its historical and political context, adding helpful and up-to-date illustrations along the way. Its distinct focus on human security as well as its comprehensiveness – also covering arms control and “post-conflict” law – make for an original publication that will be of great use to newcomers and habitués alike.’ -- Tom Ruys, International Law Institute, Ghent University, Belgium‘Nigel White has provided a very worthwhile contribution to the literature on the law relating to armed conflict and arms control with his Advanced Introduction to International Conflict and Security Law . His book succeeds in combining in depth coverage of a broad range of topics with accessibility. It will be valuable in teaching (post) graduate level courses in the areas of law covered, including the law governing the use of force, the law of armed conflict and arms control regimes, as well as serving as a useful tool for researchers in those areas of the law. It also makes a number of interesting observations on how the law relates to policy and other considerations which will help the reader put the legal dimension of armed conflict into a broader perspective.’ -- T.D. Gill, Emeritus Professor of Military Law, University of Amsterdam, the Netherlands‘Professor Nigel White is an established author in this field. The new edition of this book provides an authoritative, comprehensive yet succinct and up-to-date analysis of the law and practice in this area. I am happy to recommend this insightful and accessible book to those interested in conflict and security law.’ -- Surya P. Subedi, University of Leeds, UKTable of ContentsContents: Preface 1. Basic conditions of peace and security 2. Arms control law 3. The use of force in international law 4. The regulation of private violence 5. Collective security law 6. The law of armed conflict 7. Post-conflict law 8. Peace and justice Index
£19.95
Edward Elgar Publishing Ltd Women and International Human Rights in Modern
Book SynopsisThis casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women’s rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features.Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.Table of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index
£132.29
Edward Elgar Publishing Ltd Intersections of Law and Culture at the
Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index
£36.05
Edward Elgar Publishing Elgar Concise Encyclopedia of Space Law
Book Synopsis
£194.75
Edward Elgar Publishing Ltd Advanced Introduction to International Food Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law.Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.Trade Review‘Neal D. Fortin is a gifted teacher. Fortin’s clarity of thought and expression, organization, and insight, which have long marked his teaching and leadership in international food law, are displayed vividly in this much needed book. Advanced Introduction to International Food Law is a terrific primer for the beginning food law scholar seeking to understand the framework of international food law and an essential resource for the seasoned food law scholar to consult frequently for information and context.’ -- Michael T. Roberts, University of California, Los Angeles, USTable of ContentsContents: 1. Introduction and background 2. International food law at a glance 3. The law of international food trade 4. The WTO agreements and dispute settlement 5. Convergence, divergence, and complexity in global food law 6. Final thoughts Further Reading Index
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to International Food Law
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law.Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.Trade Review‘Neal D. Fortin is a gifted teacher. Fortin’s clarity of thought and expression, organization, and insight, which have long marked his teaching and leadership in international food law, are displayed vividly in this much needed book. Advanced Introduction to International Food Law is a terrific primer for the beginning food law scholar seeking to understand the framework of international food law and an essential resource for the seasoned food law scholar to consult frequently for information and context.’ -- Michael T. Roberts, University of California, Los Angeles, USTable of ContentsContents: 1. Introduction and background 2. International food law at a glance 3. The law of international food trade 4. The WTO agreements and dispute settlement 5. Convergence, divergence, and complexity in global food law 6. Final thoughts Further Reading Index
£21.00
Edward Elgar Publishing Elgar Concise Encyclopedia of Food Law
£205.00
Edward Elgar Publishing Ltd Socratic Voices: Dialogues on Law, Time, and
Book SynopsisIn seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?Such questions are discussed in this book by a group of philosophers from (former) conflict areas around the globe. Both the characters and the dialogues are fictional, but at the same time, they are as real as can be. They originate in conversations with many colleagues and intensive research within an international network of scholars, writers, artists, and political activists. Chapters provide philosophical discussions on the highly relevant topic of law, time, and reconciliation.The book reaches out to all those who wish to reflect on the challenges of peace work, restorative and transitional justice, refugee policies and military interventions, as well as students and teachers of relevant disciplines including social ethics, political philosophy, human rights and international relations.Trade Review‘A book like no other. Steeped in wisdom – philosophical, practical, personal – it takes the reader on a Socratic journey into the most difficult of problems facing individuals, societies, and humanity as a whole: how to reconcile over a common future in the aftermath of conflict.’ -- Kjersti Lohne, University of Oslo, Norway‘Bert van Roermund channels his inner Socrates into a wide-ranging series of dialogues on the nature of justice and reconciliation in the aftermath of violence, war and atrocity. Van Roermund steers well clear of offering any trite and easy answers. Each of the lifelike conversations illuminates and the Socratic voices illustrate the pivotal importance of the process of thinking together on such subjects. In a time of echo chambers and moral grandstanding van Roermund's work offers some welcome and much needed antidote.’ -- Antony Pemberton, Leuven Institute of Criminology, BelgiumTable of ContentsContents: Participants Prologue: A letter from Socrates. Dialogue 1 Stages and sequences? Dialogue 2 Never again Dialogue 3 Restoring what has never been Dialogue 4 Dissimultaneity Dialogue 5 Simultaneity Dialogue 6 Time before time Dialogue 7 Time beyond time Epilogue Postscript and acknowledgements References Index
£75.00
Edward Elgar Publishing Ltd Public International Law: Contemporary Principles
Book SynopsisThe second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.Table of ContentsContents: Preface 1. International law: history, theory and purpose 2. Specialist areas of international law 3. International law-making: the sources of international law 4. The relationship between international and national law 5. The subjects of international law: states 6. Other subjects of international law: non-state actors and international law’s evolution 7. Jurisdiction privileges and immunities 8. State responsibility 9. International law and the use of force 10. Pacific resolution of disputes Index
£145.00
Edward Elgar Publishing Ltd Public International Law: Contemporary Principles
Book SynopsisThe second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice.Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.Table of ContentsContents: Preface 1. International law: history, theory and purpose 2. Specialist areas of international law 3. International law-making: the sources of international law 4. The relationship between international and national law 5. The subjects of international law: states 6. Other subjects of international law: non-state actors and international law’s evolution 7. Jurisdiction privileges and immunities 8. State responsibility 9. International law and the use of force 10. Pacific resolution of disputes Index
£37.99
Edward Elgar Publishing Ltd The Regulation of Intelligence Activities under
Book SynopsisPresenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states’ compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance). The empirical relevance of these three layers of regulation is demonstrated through in-depth case studies of state responsibility in the CIA-led war on terror and an analysis of the accountability of Djibouti, the Gambia, Poland, the United Kingdom, and the United States for conduct in the CIA-led war on terror. Overall, the author shows that the most reliable path to long-term national security is the effective regulation of intelligence activities under international law. Making an original contribution to existing theories of compliance and regulation, as well as the law of state responsibility and its enforcement, this book will be essential for students and scholars of public international law, human rights, intelligence and security studies, and international relations. It will also be a valuable resource for practitioners of international law with an interest in intelligence, state responsibility, and terrorism and security law.Trade Review‘This exceptionally rich book deals with important and topical issues of international law and human rights, namely the international law governing intelligence agencies and their oversight, as well as accountability for the phenomenon of secret detention and torture in the so-called war on terror. It manages to combine the treatment of these two themes into a single coherent line of research. But the study does much more than that. It is methodologically highly diverse and advanced, combining doctrinal legal analysis with behavioural approaches concerning state compliance and developing models of semi-quantification and network analysis to explain why and how accountability matters for whether states choose to comply with international law. On the basis of these different but intertwined lines of research, it then argues that compliance with international law serves the national security interests of states. The outcome is highly impressive, signalling the author’s emergence as a prominent scholar, an innovative and original thinker, and a theorist.’ -- Martin Scheinin, University of Oxford, UK‘International regulation of the second oldest profession was long characterised by hypocrisy: states denounced what they routinely (if clandestinely) did themselves. In this book, Sophie Duroy argues that the years after September 11, 2001, put enormous pressure on the nascent norms regulating intelligence activities — and, counter-intuitively, strengthened those norms as a result.’ -- Simon Chesterman, National University of Singapore‘Dr Duroy’s book provides a sophisticated analysis of the application of international law to the work of the intelligence community. But more than that, it explores how states can be held accountable for their unlawful intelligence activities. By focusing on issues of accountability and compliance, this book brings new research to the debate and should be widely read by security studies scholars, international lawyers, practitioners, and policymakers.’ -- Russell Buchan, University of Sheffield, UKTable of ContentsContents: 1. Introduction to The Regulation of Intelligence Activities under International Law PART I LEGALITY 2. Intelligence activities and international law 3. Mapping state responsibility in the CIA war on terror PART II ACCOUNTABILITY 4. International legal accountability for an internationally wrongful act resulting from intelligence activities 5. Effective accountability 6. International legal accountability in the CIA war on terror PART III COMPLIANCE 7. State compliance with international law in intelligence matters: a behavioural approach 8. Epilogue: comprehensive regulation in the twenty-first-century security landscape Index
£105.00
Edward Elgar Publishing Ltd Authority in Transnational Legal Theory:
Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index
£38.90
Edward Elgar Publishing Ltd Truyol y Serra's Doctrines of International Law
Book SynopsisInspired by Antonio Truyol Y Serra's classic work, Doctrines sur le fondement du Droit des gens, this book offers a fully revised and updated examination and discussion of the various doctrines forming the foundations of international law. It offers an accessible insight into the theoretical background of the various legal constructions that characterize the relationship between both international and national legal orders.Written in a clear style, the book's structured chapters provide a comprehensive analysis of the various foundations of obligation in international law: natural law, positivism and sociologism. Through this study, Robert Kolb illustrates how international law has been conceived and shaped over time in relation to its evolving historical and legal-political environment. Split into seven substantive parts, this text is one of the most detailed expositions of the doctrines of international law in the English language to date.Astute and engaging, Robert Kolb's take on Truyol y Serra's Doctrines sur le fondement du Droit des gens will appeal to students and scholars of international law, as well as to practitioners interested in gaining a further grounding with regards to the basis of obligation in international law.Table of ContentsContents: Preface to the French Edition Introduction: structure of this book. General classification of doctrines of international law 1. The theoretical denial of the character of law to the law of nations 2. Doctrines that conceive of the law of nations as a category of imperfect law 3. The law of nations, inter-State law founded on the Will of States 4. The law of nations in Hans Kelsen’s ’Pure theory of law’ system 5. Doctrines based on sociology 6. The law of nations and natural law 7. The ‘eclectic’ doctrines of the post-War period bibliography Index
£32.25
Edward Elgar Publishing Ltd Research Handbook on International Claims
Book SynopsisInternational claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them. Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes. This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.Trade Review‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’ -- Harold Hongju Koh, Yale Law School, US‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’ -- Sean D. Murphy, George Washington University Law School, US‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 2 Historical overview of international claims commissions 17 Makane Moïse Mbengue 3 The US–Mexico Mixed Claims Commissions 55 Frédéric Mégret and Nicole Maylor 4 The Iran–US Claims Tribunal 75 Bruno Simma and Jan Ortgies 5 The United Nations Compensation Commission 90 Norbert Wühler 6 The first mass settlement of real property claims: the CRPC for Bosnia 113 Hans van Houtte 7 The Eritrea–Ethiopia Claims Commission 127 Namira Negm PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 8 Institutional design: how states create claims commissions and why 150 Timothy J. Feighery and Jason Rotstein 9 The multiple roles of States in international claims commissions 176 Jeremy K. Sharpe 10 The role of secretariats 200 Dirk Pulkowski and Scott Falls 11 Mass claims processes: institutional design issues 222 John R. Crook 12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239 Lee M. Caplan and Yateesh Begoorevii 13 Procedural issues: remedies and enforcement—ensuring the effective enforcement of mass claims 257 Aloysius P. Llamzon and Diana A. A. Reisman PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277 Ronald J. Bettauer 15 Creating an international compensation mechanism for Ukraine 292 Chiara Giorgetti and Patrick W. Pearsall 16 Claims commissions and the resolution of international environmental law disputes 309 Natalie Klein 17 Claims commissions and investment obligations 330 Angeline Welsh Index 340
£195.00
Edward Elgar Publishing Ltd Intersections of Law and Culture at the
Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index
£144.00
Edward Elgar Publishing Ltd Preventing and Combating Violence Against Women
Book SynopsisThis Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary’s analysis an invaluable tool for the implementation of the Istanbul Convention.Trade Review‘This book provides a masterful overview of the Istanbul Convention, with its article-by-article commentaries, critical assessments of its strength and weaknesses, and comparisons with other -- legal regimes to combat violence against women. Taken as a whole, this book clarifies and illuminates, and is a necessary resource for anyone working in this area.’– Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Foreword xxxiii Hilary Charlesworth and Christine Chinkin Foreword xxxvi Dubravka Šimonović Introduction to Preventing and Combating Violence Against Women and Domestic Violence 1 Sara De Vido and Micaela Frulli SECTION I THE ISTANBUL CONVENTION: BACKGROUND AND CONTEXTUALIZATION A The Istanbul Convention from an Intersectional Perspective 5 Lorena Sosa and Ruth Maria Mestre i Mestre B The Istanbul Convention in Times of Emergency 22 Deborah Russo C The Istanbul Convention through the Lens of the Americas and Africa 34 Rosa Celorio D The Possibilities of the Regional Human Rights Mechanism for Promotion and Protection of Women’s Rights to be Free from Violence: The Asian case 50 Yoko Hayashi E Embracing Gender Parity at International and European Level 62 Elisa Fornalè SECTION II COMMENTARY ARTICLE BY ARTICLE P The Preamble 75 Laura Candiotto CHAPTER I PURPOSES, DEFINITIONS, EQUALITY AND NON-DISCRIMINATION, GENERAL OBLIGATIONS 1 Purposes of the Convention 85 Sara De Vido and Micaela Frulli 2 Scope of the Convention 95 Micaela Frulli 3 Definitions 108 Victor Manuel Merino-Sancho 4 Fundamental rights, equality and non-discrimination 123 Lourdes Maria Peroni 5 State obligations and due diligence 136 Alice Ollino 6 Gender-sensitive policies 147 Lourdes Maria Peroni CHAPTER II INTEGRATED POLICIES AND DATA COLLECTION 7 Comprehensive and co-ordinated policies 154 Marina Calloni and Daniela Belliti 8 Financial resources 164 Francesca Cerulli 9 Non-governmental organizations and civil society 175 Enzamaria Tramontana 10 Co-ordinating body 185 Sara Dal Monico 11 Data collection and research 195 Biljana Brankovic CHAPTER III PREVENTION 12 General obligations 212 Marcella Ferri 13 Awareness-raising 224 Mathias M.schel 14 Education 235 Katarzyna Sękowska-Kozłowska 15 Training of professionals 246 Albena Koycheva 16 Preventive intervention and treatment programmes 256 Cristina Oddone 17 Participation of the private sector and the media 268 Federico Faloppa CHAPTER IV PROTECTION AND SUPPORT 18 General obligations 285 Alice Riccardi 19 Information 298 Gema Fern.ndez Rodr.guez de Li.vana and Keina Yoshida 20 General support services 310 22 Specialist support services 23 Shelters 24 Telephone helplines 25 Support for victims of sexual violence Bonita Meyersfeld and Francesca Sironi De Gregorio 21 Assistance in individual/collective complaints 333 Lisa Gormley 26 Protection and support for child witnesses 339 31 Custody, visitation rights and safety Elisabetta Bergamini and Laura Lizzi 27 Reporting 356 28 Reporting by professionals Chiara Angiolini CHAPTER V SUBSTANTIVE LAW 29 Civil lawsuits and remedies 366 Marc Julien Pichard 30 Compensation 374 Sara De Vido 32 Civil consequences of forced marriages 385 Angelica Bonfanti 33 Psychological violence 395 35 Physical violence Barbara Giovanna Bello 34 Stalking 423 Leonie Steinl 36 Sexual violence, including rape 432 Ludovica Poli 37 Forced marriage 447 Chiara Ragni 38 Female genital mutilation 458 Ruth Maria Mestre i Mestre 39 Forced abortion and forced sterilisation 470 Daniela Alaattinoğlu 40 Sexual harassment 481 Valeria Tevere 41 Aiding or abetting and attempt 495 Piergiuseppe Parisi 42 Unacceptable justifications for crimes, including crimes committed in the name of so-called ‘honour’ 503 Sital Kalantry and Shireen Moti 43 Application of criminal offenses 512 Rachel Behring and Boris Burghardt 44 Jurisdiction 524 Elena Carpanelli 45 Sanctions and Measures 538 Kalika Mehta 46 Aggravating circumstances 548 Luca Poltronieri Rossetti 47 Sentences passed by another Party 559 Luca Poltronieri Rossetti 48 Prohibition of mandatory alternative dispute resolution processes or sentencing 568 Marc Julien Pichard CHAPTER VI INVESTIGATION, PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES 49 General obligations 577 Johanna Niemi 50 Immediate response, prevention and protection 585 Johanna Niemi 51 Risk assessment and risk management 590 Piergiuseppe Parisi 52 Emergency barring orders 600 53 Restraining or protection orders Johanna Niemi 54 Investigations and evidence 610 Arianna Vettorel 55 Ex parte and ex officio proceedings 620 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 56 Measures of protection 630 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 57 Legal aid 642 Lucia Parlato 58 Statute of limitation 654 Piergiuseppe Parisi CHAPTER VII MIGRATION AND ASYLUM 59 Residence status 661 Vladislava Stoyanova 60 Gender-based asylum claims 672 Fulvia Staiano 61 Non-refoulement 681 Anne Lagerwall and Mona Aviat CHAPTER VIII INTERNATIONAL CO-OPERATION 62 General principles 696 63 Measures relating to persons at risk 64 Information Ester di Napoli and Francesca Maoli 65 Data protection 716 Alessandro Bernes CHAPTER IX MONITORING MECHANISM 66 Group of experts on action against violence against women and domestic violence 728 67 Committee of the Parties 68 Procedure 69 General recommendations 70 Parliamentary involvement in monitoring Ronagh McQuigg 70A Locating GREVIO in the realm of international and regional human rights monitoring mechanisms 755 Martina Buscemi CHAPTER X RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS 71 Relationship with other international instruments 771 Sara De Vido CHAPTER XI AMENDMENTS TO THE CONVENTION 72 Amendments 780 Wojciech Burek CHAPTER XII FINAL CLAUSES 73 Effects of this Convention 789 Alexandra David 74 Dispute settlement 798 Alexandra David 75 Signature and entry into force 804 76 Accession to the Convention 804 Eug.nie d’Ursel 76A Israel’s (Possible) Accession to the Istanbul Convention 821 Ruth Halperin-Kaddari 77 Territorial application 824 Eugénie d’Ursel 78 Reservations 830 79 Validity and review of reservations Wojciech Burek 80 Denunciation 846 81 Notification Karolina Prażmowska 80A A Tale of the Opposites: Denunciation and Implementation of the Istanbul Convention in Turkey 858 Aslıhan Tekin SECTION III CRITICAL ASSESSMENTS OF SHORTCOMINGS OF THE ISTANBUL CONVENTION: SELECTED ISSUES F Smart-locking up women: Internet of Things (IoT) perpetration in domestic violence 864 Adriane van der Wilk G Prostitution: A Missed Opportunity? 878 Elisa Camiscioli H Sexual and reproductive health rights in the Istanbul Convention: An inadequate approach? 888 Lucía Berro Pizzarossa
£345.00
Edward Elgar Publishing Ltd Economics of Public International Law
Book SynopsisThis major book - edited by a leading authority - presents a careful selection of papers which analyse international law from a rational choice perspective. Interdisciplinary in scope, it includes work by professors in law, political science and economics. It addresses the proposition that states act rationally and behave in ways that are in the interest of their populations or internal groups. Topics include international adjudication, human rights law, compliance with international law, sanctions andinternational legal responsibility.The book will be an essential source of reference for scholars and students working in international law, international relations and related fields.Table of ContentsContents: Acknowledgements Introduction Eric A. Posner PART I COMPLIANCE 1. Jack L. Goldsmith and Eric A. Posner (1999), ‘A Theory of Customary International Law’ 2. Andrew T. Guzman (2002), ‘A Compliance-Based Theory of International Law’ PART II TREATIES 3. Oona A. Hathaway (2002), ‘Do Human Rights Treaties Make a Difference?’ 4. Francesco Parisi and Catherine Ševčenko (2003), ‘Treaty Reservations and the Economics of Article 21(1) of the Vienna Convention’ 5. Zachary Elkins, Andrew T. Guzman and Beth A. Simmons (2006), ‘Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000’ PART III INSTITUTIONS 6. Kenneth W. Abbott, Robert O. Keohane, Andrew Moravcsik, Anne-Marie Slaughter and Duncan Snidal (2000), ‘The Concept of Legalization’ 7. Andrew T. Guzman (2002), ‘The Cost of Credibility: Explaining Resistance to Interstate Dispute Resolution Mechanisms’ 8. Eric A. Posner and John C. Yoo (2005), ‘Judicial Independence in International Tribunals’ 9. Giovanni Maggi and Massimo Morelli (2006), ‘Self-Enforcing Voting in International Organizations’ 10. Alan O. Sykes (2005), ‘Public versus Private Enforcement of International Economic Law: Standing and Remedy’ 11. Eric A. Posner and Alan O. Sykes (2007), ‘An Economic Analysis of State and Individual Responsibility Under International Law’ PART IV SECURITY 12. Jonathan Eaton and Maxim Engers (1992), ‘Sanctions’ 13. Todd Sandler and Keith Hartley (2001), ‘Economics of Alliances: The Lessons for Collective Action’ 14. Eric A. Posner and Alan O. Sykes (2005), ‘Optimal War and Jus ad Bellum’
£273.00
Edward Elgar Publishing Ltd Cross-border Online Gambling Law and Policy
Book SynopsisThis highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling.States fundamentally disagree on how to regulate gambling, for moral, religious and social reasons, and therefore regulatory regimes differ, ranging from the prohibitionist to the permissive. The authors examine the latest legislation and cases concerning online gambling by comparing different regulatory models. They also explain conflict of laws issues, including which state or court is competent, which law is applicable, and what rules govern enforcement in cross-border e-gambling disputes. Invaluably, the book makes sense of the myriad of cases in the EU internal market and the WTO.This unique book represents a detailed examination of the international law issues of cross-border online gambling. It will prove to be useful for academic scholars as well as postgraduate and advanced undergraduate students. Legal advisors within the gambling sector, regulators and policymakers, government departments and agencies, as well as intergovernmental and international organizations will also find this book an enriching resource.Trade Review‘This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the well-researched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.’ -- Alan Littler, Tilburg University, The Netherlands‘An incredibly impressive guide to the regulation of cross-border online gambling. An added attraction is the insightful coverage of the theory and history of online gambling in key jurisdictions, which will be relevant for years to come.’ -- Danny Preiskel, Preiskel & Co, UK‘In this excellent commentary on the law and policy of online gambling, Julia Hörnle and Brigitte Zammit introduce readers to an evolving and complex regulatory matrix. Starting with national policy positions towards gambling - positions that articulate as various shades of prohibition and permission, together with different degrees of preference for domestic over foreign providers - we are taken into the borderless world of online casinos, betting services, and the like. How are national regulators to impose their will on such service providers; to what extent are they constrained by the rules of regional and international trading clubs; and how does the new generation of European conflicts rules (Brussels I and Rome I and II) fit in this matrix? The authors are to be congratulated on bringing the regulatory issues clearly into focus, as well as succeeding in engaging the reader’s interest in both the larger policy questions and the doctrinal detail.’ -- Roger Brownsword, Kings College London, UKTable of ContentsContents: Foreword Preface 1. Introduction: What is at Stake? 2. Social Policy and Regulatory Models 3. Impact of National Regulation on Cross-Border Services 4. National Regulation of Online Gambling as a Trade Restriction 5. EU Conflicts of Law Issues – Part 1: Jurisdiction 6. EU Conflicts of Law Issues – Part 2: Applicable Law 7. EU Conflicts of Law Issues – Part 3: Enforcement of Judgments 8. Concluding Thoughts Bibliography Index
£112.00
Edward Elgar Publishing Ltd Cultural Property Law and Restitution: A
Book SynopsisThis invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author?s extensive experience of international disputes, it provides a very comprehensive and useful commentary.Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.Trade Review‘This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law. This leads not only to a well-structured and complete overview of the area that is extremely legible, but also to a well balanced view on where policy in this area should lead us.’ -- Paul L.C. Torremans, University of Nottingham, UKTable of ContentsContents: Preface Introduction 1. Cultural Property and Restitution: The Theories of Cultural Nationalism and Cultural Internationalism 2. International Conventions 3. European Union Law 4. Other Sources of Regulation and the Role of International Organisations 5. Dispute Resolution in Cultural Property Cases 6. Evolution and Basic Trends Conclusion Bibliography Index
£129.00
Edward Elgar Publishing Ltd Research Handbook on Global Justice and
Book SynopsisThe fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains from trade and the merits of progressive trade and investment liberalization. While the economic arguments are compelling, other ways of thinking about the roles of these institutions have received less attention. The Research Handbook fills this gap by offering a substantial interdisciplinary examination of the normative and policy underpinnings of the international economic order.The book includes specially commissioned chapters based on theories of justice, human rights, and critical legal studies, as well as on economics and the internal structure of international economic law itself, all written by leading scholars in their respective fields. The contributors offer an interdisciplinary approach to understanding the relationship between international economic law and policy and the rights and welfare of peoples across the globe. The end result is an essential point of reference for developing a comprehensive toolkit for evaluating the institutions of global economic governance.Containing extensive and significant interdisciplinary coverage of key areas of research on international economic law and policy, this Research Handbook will appeal to political scientists, philosophers, legal scholars, economists and international relations theorists.Contributors: G. Brock, B.S. Chimni, L.V. Ciko, P. Clements, C.M. Correa, F.J. Garcia, B. He, C.L. Lim, J. Linarelli, S.M. Lundan, A. Maneschi, H. Murphy, E.-U. PetersmannTable of ContentsContents: Introduction John Linarelli 1. Theories of Global Justice Gillian Brock 2. Human Rights and International Economic Law in the 21st Century Ernst-Ulrich Petersmann 3. Theories of Justice and International Economic Law Frank J. Garcia and Lindita V. Ciko 4. Regional Trade Agreements and the Poverty Agenda Chin Leng Lim 5. Multilateral Development Banks and the International Monetary Fund Paul Clements 6. Human Rights Issues in Multinational Value Chains Sarianna M. Lundan 7. Intellectual Property Rights and International Economic Governance Carlos M. Correa 8. Global Social Justice at the WTO? The Role of NGOs in Constructing Global Social Contracts Baogang He and Hannah Murphy 9. Critical Theory and International Economic Law: A Third World Approach to International Law (TWAIL) Perspective B.S. Chimni 10. International Trade Theory and Comparative Advantage Andrea Maneschi 11. Law, Rights and Development John Linarelli Index
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