Public international law Books

Book SynopsisThe EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.Contributors: E. Baker, P. Cortés, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. VersluisTrade ReviewA welcome addition to scholarship on the enforcement of EU Law, the Drake and Smith edited collection brings three interrelated approaches to bear on the pressing and familiar challenge of effective enforcement: regulation, networked governance and innovations in enforcement in traditional and new fields of EU competence. In doing so, it requires EU law scholars to reconsider what is meant by enforcement and, through its engagement with political science, brings this important legal question to a wider EU Studies audience. --Imelda Maher MRIA, University College Dublin, IrelandNew Directions in the Effective Enforcement of EU Law and Policy is an important book on an important topic. Demonstrating a deep commitment to interdisciplinary work, not least among lawyers and political scientists, it casts fresh light on what are increasingly creative strategies for achieving effective enforcement in the fragmented and fluid system of EU governance. At the heart of this is a clear understanding of the different roles and perspectives of multiple actors, not just the European Commission. --Richard Rawlings, University College London, UKTable of ContentsContents: Preface Introduction by Melanie Smith and Sara Drake 1. More Effective Private Enforcement of EU Law Post-Lisbon: Aligning Regulatory Goals and Constitutional Values Sara Drake 2. The Visible, the Invisible and the Impenetrable: Innovations or Rebranding in Centralised Enforcement of EU Law? Melanie Smith 3. The Long, But Promising, Road from Deterrence to Networked Enforcement Jeroen Van Der Heijden 4. The Virtues of Interdependence and Informality: An Analysis of the Role of Transnational Networks in the Implementation of EU Directives Josine Polak and Esther Versluis 5. The SOLVIT Network and the Effective Enforcement of EU Law. What is New? Micaela Lottini 6. The Effectiveness of Transgovernmental Networks: Managing the Practical Application of European Integration in the Case of SOLVIT Dorte Sindbjerg Martinsen and Mogens Hobolth 7. Enforcing EU Environmental Policy Effectively: International Influences, Current Barriers and Possible Solutions Mariolina Eliantonio 8. Enforcing EU Consumer Policy More Effectively: A Three-Pronged Approach Pablo Cortés 9. Effective Private Enforcement of EU Competition Law: An Input and Output Legitimacy Analysis of Collective Redress Carlo Petrucci 10. A Case of "Nested Enforcement": Article 83 (2) TFEU, Compliance and the Area of Freedom, Security and Justice Post-Lisbon Estella Baker 11. The Effective Enforcement of Economic Governance in the European Union: Brave New World or a False Dawn? Ryan Murphy Conclusions by Melanie Smith and Sara Drake Index

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Book SynopsisThe human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead.In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.Trade Review'Allott's Eutopia is audaciously ambitious and unconventional in style and content. It seeks no less than to do for the 21st century what Thomas More's Utopia and Francis Bacon's Great Instauration did in the English Renaissance: To help bring about a transformation of human self-understanding, overcome fatalism and inertia ultimately grounded in mistaken ideas of the the human condition and the limits of human power, and become aware of the permanent possibility of making the human world into a ''place of happiness''.' --Mattias Kumm, New York University, School of Law'No international thinker today offers more profound insights, or offers more challenging questions, on the possibilities for law and philosophy to touch our lives and our world than does Philip Allott. A quarter of a century after publishing Eunomia, Allott unleashes an entirely original, magnificent, challenging and overwhelming book, one that asks us to confront fatalism and to imagine the possibility that thought and ideas have the power to enhance the future of the human.' --Philippe Sands QC, Professor of Laws, University College London, UK'What would happen if you decided to rethink the human condition from the ground up? If you spent a lifetime at it, taking along the works of the greatest minds who tried this before? You might conclude, with Philip Allott, that ''the human species will need a revolution -- a revolution in the mind -- to become what it could be.'' And that ''we have the power to transform the human world.'' Eutopia is the work of a singular mind, a heroically independent thinker who brings the full power of his synthetic intelligence and style to bear in this philosophical tour de force. Allott will entertain you, challenge you, educate you -- and you may end up changing the world!' --David Kennedy, Manley O. Hudson Professor of Law, Harvard Law SchoolTable of ContentsContents: Part I THE HUMAN CONDITION 1. Changing Reality by Changing Ideas. 2. The Human Condition Now. 3. Paradoxes of Being Human I 4. Paradoxes of Being Human II PART II HUMAN POWER 5. The Power of Memory 6. The Power of Imagination 7. The Power of Knowledge 8. The Power of Emotion PART III HUMAN WILL 9. New Philosophy: Human Flourishing through Self-understanding 10. New Law: Human Flourishing Through Self-ordering 11. New Society: Living the Good Life Together 12. From Istopia to Eutopia Index

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Book SynopsisInternational claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with a detailed analysis of lessons learnt to guide policy makers in the creation of future claims commissions. Written by two academics and a former practitioner this book is a practical resource for international law academics; counsel and judges in international courts and tribunals; policy makers in international organizations and foreign ministries, and diplomats.Trade Review'Thorough, creative and readable, this book is an important addition to the literature. The authors have eschewed an exclusively black-letter approach for a presentation and appraisal of the dynamic process of mass claims arbitration. Drawing on their rich experience, they also offer important recommendations to ensure that an interstate arrangement that is supposed to provide post-conflict justice for the ''collateral'' victims does not degenerate into a continuation of war by other means.' --W. Michael Reisman, Yale Law School, USTable of ContentsContents: Introduction: International Mass Claims Commissions: “Build-It-Yourself” Justice? 1. What Are International Mass Claims Commissions? 2. Why a Claims Commission? 3. The Legal and Operating Structure 4. Who Are the Claimants and What Are the Claims? 5. The Financial Structure of Claims Commissions 6. Problems of Proof and Evidence 7. Remedies and Compliance with Claims Commissions Rulings 8. Conclusions Index

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Book SynopsisSet in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.Students and scholars of political economy and international law will find the topics discussed to be of great interest to their work. This book will also provide valuable insights for economists, lawyers, and policy-makers.Contributors include: E. Benvenisti, L. Boisson De Chazournes, B. Delcourt, A. Fabbricotti, A. Gianelli, E. Kica, U. Kohut, C. Leb, T.A. Lehmann, M.K. Lewis, P. Merkouris, A. Nollkaemper, M. Panizzon, N. Petersen, P.B. Stephan, J.P. Trachtman, A. Van Aaken, D. Vitiello, A. Von Staden, R.A. Wessel, J. WoutersTable of ContentsContents: Introduction Alberta Fabbricotti PART I FRAMEWORK ISSUES 1. Political Economy of International Law: Towards a Holistic Model of State Behavior Anne Van Aaken and Joel P. Trachtman PART II POLITICAL ECONOMY AND THE SOURCES OF INTERNATIONAL LAW 2. The Political Economy of Customary International Law Niels Petersen 3. Can Political Economy Help Solve The Riddle of Customary International Law? Alessandra Gianelli 4. The Political Economy of Jus Cogens Paul B. Stephan 5. The Political Economy of International Treaties Panos Merkouris 6. Political Economy and the Decisions of International Organizations: Choosing Governance Arrangements Through Informality Ramses A. Wessel and Evisa Kica PART III POLITICAL ECONOMY AND THE ENFORCEMENT OF INTERNATIONAL LAW 7. Political Economy of International Law: A Convenient Alliance for the Study of Compliance? Barbara Delcourt 8. International Political Economy and the Prisoner’s Dilemma: Compliance with International Law Meredith Kolsky Lewis 9. The Political Economy of Judicial Production of International Law Paul B. Stephan 10. The Political Economy of The (Non-)Enforcement of International Human Rights Pronouncements by States Andreas Von Staden 11. The Political Economy of International Lawmaking by National Courts Eyal Benvenisti 12. Political Economy and the Responsibility of States: The Problem of Many Hands in International Law André Nollkaemper PART IV POLITICAL ECONOMY AND SUBSTANTIVE FIELDS OF INTERNATIONAL LAW 13. The Political Economy of Regional Trade Agreements Alberta Fabbricotti 14. Political Economy and International Investment Law: The Conclusion of IIAs by Developing Countries during the Twentieth Century Tobias A. Lehmann 15. Political Economy and International Water Law: Political Economy Induced Changes to the Uptake of Benefit Sharing in International Water Law Laurence Boisson De Chazournes and Christina Leb 16. Political Economy and the Protection of Human Rights: Political Economy and Compliance with Human Rights Treaties Ulyana Kohut 17. Political Economy and International Migration Law Daniela Vitiello and Marion Panizzon PART V CONCLUSIONS 18. Political Economy and International Law: Paradoxes and Potential Eyal Benvenisti and Jan Wouters Index

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Book SynopsisThis timely Research Handbook provides a critical conceptualization and definition of the growing field of global health law. The Research Handbook forms the first comprehensive study on the treatment of health issues in international legal regimes and explores the role of international law in addressing the most prominent global health challenges. The editors have consciously adopted a holistic approach by including 'soft' norms and informal law-making processes in the Research Handbook's scope to give a realistic account of the normative framework that shapes contemporary global health. Despite following a predominantly legal perspective, the Research Handbook also adopts an interdisciplinary approach by looking at health from a governance perspective and using insights from international relations scholarship in forecasting possible future developments surrounding health law. The Research Handbook features contributions from a team of leading international legal scholars who have experience of approaching the issue of global health from multiple angles. International law scholars who are seeking information on the growing role of health in governance trends will find this Research Handbook to be of great interest. Public health scholars who are researching international legal perspectives on health practice and policy will also find it to be a valuable resource.Contributors include: F. Abbott, A. Bellal, C. Brassart Olsen, G.L. Burci, G. Call, A. Garde, C. Giorgetti, S. Gruskin, M. Hartley, J. Liberman, M.M. Mbengue, B. McGrady, S. Moon, T. Murphy, S. Negri, K. O'Cathaoir, X. Seuba, D. Tarantola, J. Tobin, B. Toebes, S. Waltman, S. ZhouTrade Review'Global health law, consisting of various hard and soft law instruments, is a newly-emerging field of international law. Through addressing this complex subject, leading experts in relevant areas scrutinise each issue and attempt to define the concept of global health law ambitiously and level-headedly. This book will be an eye-opener and should be added to your list of must-reads.' --Yoshinori Abe, Gakushuin University, Japan and Member of the ILA Committee on Global Health Law'Professors Burci and Toebes have assembled world-class scholars that bring the field of global health law alive. This transformative Research Handbook provides an authoritative and accessible understanding of all the major causes of death globally, from infectious diseases and tobacco to non-communicable diseases and obesity. Burci and Toebes view global health law beyond the prism of health, all the way to human rights, climate change, and trade. This volume has to be on the desk of anyone serious about global health and the law. Bravo!' --Lawrence O. Gostin, Georgetown University, USTable of ContentsContents: PART I FRAMING GLOBAL HEALTH LAW 1. Introduction Brigit Toebes 2. Global health law and governance: concepts, tools, actors and power Suerie Moon PART II INTERNATIONAL LAW AND HEALTH 3. Still Getting to Know You: Global Health Law and the right to health John Tobin 4. Hardwired human rights: a health and human rights perspective on global health law Therese Murphy 5. Health and international trade law Benn McGrady 6. Health and intellectual property rights Frederick Abbott 7. Health and international investment law Chiara Giorgetti 8. Health and international environmental law Makane M. Mbengue and Susanna Waltman 9. Health and international humanitarian law Annyssa Bellal and Geneva Call PART III INTERNATIONAL REGULATION OF HEALTH CHALLENGES 10. Communicable Disease Control Stefania Negri 11. The recognition and evolution of the HIV and human rights interface: 1981-2017 Sofia Gruskin and Daniel Tarantola 12. Tobacco control Suzanne Zhou and Jonathan Liberman 13. Global Health Law and Non-Communicable Diseases Prevention: Maximizing Opportunities by Understanding Constraints Amandine Garde 14. Global Health Law and Obesity: Towards a Complementary Approach of Public Health and Human Rights Law Mette Hartley, Katharina O’Cathaoir and Céline Brassart Olsen 15. Harmonization and standardization in global health Xavier Seuba PART IV CONCLUSION 16. Global Health Law: Present and Future Gian Luca Burci Index

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Book SynopsisEssential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index.Key features:- Concise but authoritative selection of the essential texts makes this focussed and user-friendly- Intuitive organisation of documents by subject- Unique reference number for each document facilitates navigation- Small, handy reference format for carrying to classTable of ContentsContents: I. The United Nations and International Peace and Security 2. State Transactions 3. State Immunity 4. State Responsibility 5. Diplomatic Relations 6. Economic Relations 7. Land, Sea, Air and Space 8. Human Rights 9. The Environment 10. International Criminal Law Index

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Book SynopsisEssential Texts in International Law draws together the most important documents needed for the study of international law in a uniquely handy, user-friendly format. Unlike most other texts of this nature, the documents are organised according to subject matter for ease of reference: United Nations and International Peace and Security; State Transactions; State Immunity; State Responsibility; Diplomatic Relations; Economic Relations; Land, Sea, Air and Space; Human Rights; the Environment; and International Criminal Law. Each document has been allocated a unique number, which facilitates navigation for use in the classroom, and is complemented by a detailed subject index.Key features:- Concise but authoritative selection of the essential texts makes this focussed and user-friendly- Intuitive organisation of documents by subject- Unique reference number for each document facilitates navigation- Small, handy reference format for carrying to classTable of ContentsContents: I. The United Nations and International Peace and Security 2. State Transactions 3. State Immunity 4. State Responsibility 5. Diplomatic Relations 6. Economic Relations 7. Land, Sea, Air and Space 8. Human Rights 9. The Environment 10. International Criminal Law Index

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Book SynopsisMass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation. Through an in-depth examination of the efficacy and efficiency of mass claims processes, Jason Scott Palmer analyses the actors involved and their roles, such as those who provide reparations and why these reparations are provided. Palmer carefully considers the utility of potential future mass claims reparations regimes through the use of hypothetical mass claims property losses, based on highly relevant case studies such as the Israeli–Palestinian conflict. He emphasizes that, to fully understand mass claims reparations programs, one must inspect the complete process of reparations funding and distribution. Academics researching domestic and international mass claims processes will find the historical analysis within this book to be essential. Due to its practical implications, practitioners engaged in litigating or designing mass claims processes will additionally benefit from its scope.Trade Review‘The book succeeds at three levels: introducing international mass-claim processes, an important but understudied discipline; comparing international processes against those in the United States, revealing important insights; and providing practical guidance on contemporary crises – from the war in Ukraine to the Israeli-Palestinian conflict – born of the author’s firsthand experience.’ -- Jeremy K. Sharpe, Columbia Law School, US‘Mass claims processes may take up a small corner of international law, but that corner has great importance for victims. Jason Scott Palmer, one of the few lawyers with actual experience in the field, makes a critical contribution to the limited literature with ‘Reparations in Domestic and International Mass Claims Processes’. Given the state of the world, this book will be more useful than even Professor Palmer could have predicted.’ -- Lucy Reed, Arbitration Chambers, USTable of ContentsContents: Introduction 1. What is mass claims processing? 2. Class actions in the United States: past, present, and future 3. The Deepwater Horizon Gulf oil spill and its consequences 4. The September 11th Victim Compensation Fund: reparations for terrorist attacks on U.S. soil 5. In Re Holocaust Victim Assets Litigation: a hybrid U.S. mass claims action 6. International mass claims reparations for Holocaust claims: Claims Resolution Tribunal for Dormant Accounts in Switzerland (CRT-I and CRT-II) 7. Global mass claims reparations: the United Nations Compensation Commission 8. Compensating losses in future international mass claims processes. Index

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Book SynopsisThe UN's capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. Administrative Justice in the UN explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards.Niamh Kinchin adeptly explores accountability in the context of decision-making within the UN and examines whether its administrative decisions, affecting the rights and obligations of individuals and groups, contain sufficient procedural protections. It is suggested that 'global administrative justice' requires two fundamental elements; administrative decisions made according to law, and to values communities accept as just, which are identified as rationality, fairness, transparency and participation. This model is applied to the UN's Investigations Divisions of the Office of Internal Oversight Services, the UN High Commissioner for Refugees, the UN Security Council and the Internal Formal Justice System in order to measure procedural protections, identify gaps and make recommendations for reform.This insightful book will be vital reading for academics and students of human rights, constitutional, public international, and administrative law. UN-affiliated personnel, as well as those involved in diplomatic departments, will find this book an engaging read.Trade Review'Identifying common principles and appropriate institutions to achieve accountability in UN institutions is challenging. What 'laws' to apply and which bodies are affected is clearly explained and justified, and the suggested solutions are practical. Kinchin is to be congratulated for tackling the conceptually difficult task. The work should be compulsory reading for all the UN bodies making decisions affecting rights.' --Robin Creyke AO, Emeritus Professor, Australian National University'Administrative Justice in the UN is a path-breaking study that extends the reach of 'administrative justice', a concept which has, hitherto, been used to throw light on domestic decision making and redress procedures. Based on the twin principles of law and justice, Niamh Kinchin develops the novel concept of 'global administrative justice' and applies it to decision making and disputes by the United Nations and its agencies. She displays an impressive command of her source material and writes with great clarity. Analysing international conventions and charters, and using the stock-in-trade techniques of the administrative lawyer, she has produced a fascinating book. It is a tour-de-force.' --Michael Adler, University of Edinburgh, UK'Is the UN ''accountable'' for its administrative decision-making? This is the thought-provoking question posed by Niamh Kinchin in Administrative Justice in the UN: Procedural Protections, Gaps and Proposals for Reform - a lively, original and important contribution to our understanding of global administrative justice. Kinchin explores the UN's commitments to fairness, transparency and justice across a range of decision-making contexts, from votes and vetoes in the Security Council, to investigating complaints about peacekeepers through the Internal Oversight Services, to adjudicating employment disputes before the UN Dispute and Appeals Tribunal. The book advances a global rule of law framework to enable the UN to address its ''accountability deficit.'' It will spark discussion and debate among experts and interested observers alike!' --Lorne Sossin, Osgoode Hall Law School, York University, CanadaTable of ContentsContents: Introduction: ‘All is Forgiven’: Administrative Decision-Making Without Administrative Law 1. According to Law 2. According to Values the Community Accepts as Just 3. The Formal Internal Justice System of the UN 4. Office of Internal Oversight Services 5. UNHCR and Refugee Status Determination 6. The UN Security Council and Targeted Sanctions Concluding Remarks Bibliography Index

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Book SynopsisCapital markets are a continuous stream of activity and innovation. Constantly evolving and inherently dynamic, they give rise to complex regulatory and policy issues and offer rich material for analysis. Additionally, globalization has incentivized cross-border listings and international flows of capital. Global Capital Markets takes stock of recent trends and events by exploring their legal and regulatory implications across several jurisdictions from around the world. This book provides a critical analysis of current issues including investor activism, the challenges of cross-border regulatory enforcement and recent initiatives to empower shareholders to improve corporate governance. It also surveys longer-term trends such as the development of the nascent capital markets law in China over the last two decades and discusses the emerging issues from the increased use of dual class voting shares. Case studies draw on examples from nations such as the US, Canada, Europe, China, India and New Zealand. Timely and incisive, this book will appeal to students and academics in international corporate and securities law.Contributors incude: A. Anand, Q. Bu, H. Donegan, T. Keeper, Y.-H. Lin, A.B Majumdar, C. Malberti, T. Rodríguez de las Heras Ballell, U. VarottilTable of ContentsContents: Introduction P.M. Vasudev and Susan Watson Part I Investors and the Stock Market 1. Implications of Shareholder Activism Anita Anand 2. Suspension of Chinese Units of ‘Big 4’ Audit Firms: The Question of Moral Turpitude Qingxiu Bu 3. The Proposed Directive on the Encouragement of Long-Term Shareholder Engagement in European Listed Companies: A Critical Appraisal Corrado Malberti Part II Capital Markets Development and the Law 4. Revisiting Corporate Control-Enhancing Mechanisms Yu-Hsin Lin 5. Law and Finance: From ‘Transplantation’ to ‘Better’ Corporate Governance in China Heida Donegan Part II Crowdfunding 6. The Two-Sided Effect of Crowdfunding: The Visible Effect on Capital Markets Regulation and the Unperceived Effect on Company Law Teresa Rodríguez de las Heras Ballell 7. Regulating Equity Crowdfunding in India: Walking a Tightrope Arjya B. Majumdar and Umakanth Varottil 8. A Critical Examination of Crowdfunding within the ‘Long White Cloud’ (New Zealand) Trish Keeper Index

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Book SynopsisThis book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory. The Harmonisation of National Legal Systems gives an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice. Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.Table of ContentsContents: Introduction – Ideological Nexus of the Law Convergence Thesis 1. Definitions, Strategic Considerations and Subject Matter 2. General Model of Incorporating Harmonised Law 3. Specific Model of Incorporating Harmonised Law Introduction to the Factors 4. Comparative Law Factor in the Process of Incorporating Harmonised Law 5. Socio-Legal Factor in the Process of Incorporating Harmonised Law Conclusions: A Few Thoughts

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Book SynopsisThis book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.Trade Review‘The editors and authors are to be applauded because they succeed in furnishing any reader with a manageable shortcut to achieve a better understanding of how risks in the offshore oil and gas sector should be addressed (”managed”) properly in the twenty-first century.’ -- Henning Jessen, Ocean YearbookTable of ContentsContents: Introduction The Editors Part I Prevention and Minimization of Harm 1. Corporate Governance and Risk Management Michael Bothe 2. Regulating the Safety of Offshore Oil and Gas Operations a. Performance-Based Regulation and the Development of International Regulatory Uniformity in Offshore Oil and Gas Operations Michael Tsimplis and Wassim Dbouk b. Managing Offshore Safety in the United States after the Macondo Disaster Jacqueline L. Weaver 3. The International Regime of Oil Spill Contingency Planning and Response Erik Røsæg 4. Regional Arrangements for Contingency Planning and Response a. Oil Spill Response in the EU Maria Gavouneli b. Oil Spill Response in the Arctic: the Norwegian-Russian Experience Maria Sydnes and Are Kristoffer Sydnes c. Oil Spill Response in the North American Arctic: Canada, the United States, and Greenland Michael LeVine, Andrew Hartsig, Louie Porta, Chris Debicki, and Amanda Joynt d. Oil Pollution Prevention and Response: The Mediterranean and Other Regional Arrangements Tullio Scovazzi 5. Managing Environmental Risks Through the Terms of Maritime Delimitation and Related Agreements Nigel Bankes Part II Liability and Compensation of Loss 6. Allocating Transboundary Loss from Offshore Oil and Gas Accidents Günther Handl 7. Damage Compensable a. The Recovery of Pure Economic Loss under the Oil Pollution Act: A Unified Test of Causation Vernon Valentine Palmer and Kristoffer Svendsen b. Pure Environmental Damage Peter Wetterstein 8. Punitive Damages Martin Davies 9. The Role of Insurance in Offshore Oil and Gas Operations Özlem Gürses Part III Claims Processing 10. The CLC/Fund Experience Måns Jacobsson 11. Specific Oil Spill Incidents a. The BP-Deepwater Horizon Claims Process Edward F. Sherman b. Compensation Claims arising from the Montara Oil Spill Shane Bosma and Josh Underwood 12. Other Mass Tort Claim Perspectives: Mass Tort Settlements in a European Context Harald Koch and Joachim Zekoll Index

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Book SynopsisThe scholarly contributions discussed in this timely research review address the special realm of legal rules applicable to space activities and their terrestrial applications. Outer space is generally considered a "global commons", so this review focuses on the international regime which is also the foundation of an increasing number of national space laws. Topics covered concern the development, character and structure of international space law, its relationship with national space law, and military and commercial aspects of space activities, including launching and satellite applications. This fascinating study provides a comprehensive overview of the most important matters relating to international space law and will be a valuable research tool for academics and practitioners alike.Table of ContentsContents: Acknowledgements Introduction Frans G. von der Dunk PART I GENERAL SPACE LAW 1. Peter Jankowitsch (1998), ‘The Role of the United Nations in Outer Space Law Development: Past Achievements and New Challenges’, Journal of Space Law: Twenty-Fifth Anniversary Issue, 26 (2), 101–10 2. Joanne Irene Gabrynowicz (2004), ’Space Law: Its Cold War Origins and Challenges in the Era of Globalization’, Suffolk University Law Review, XXXVII (4), 1041–65 3. Stephan Hobe (2002), ‘The Relevance of Current International Space Treaties in the 21st Century’, Annals of Air and Space Law, XXVII, 335–46 4. Vladlen S. Vereshchetin and Gennady M. Danilenko (1985), ‘Custom as a Source of International Law of Outer Space’, Journal of Space Law, 13 (1), 22–35 5. Steven Freeland (2012), ‘The Role of “Soft Law” in Public International Law and its Relevance to the International Legal Regulation of Outer Space’, in Irmgard Marboe (ed.), Soft Law in Outer Space: The Function of Non-binding Norms in International Space Law, Vienna, Austria and Cologne, Germany: Böhlau Verlag, 9–30 6. Frans von der Dunk (2008), ‘As Space Law Comes to Nebraska, Space Comes Down to Earth’, Nebraska Law Review, 87 (2), 498–515 7. I. Marboe and F. Hafner (2011), ‘Brief Overview over National Authorization Mechanisms in Implementation of the UN International Space Treaties’, in Frans G. von der Dunk (ed.), National Space Legislation in Europe: Issues of Authorisation of Private Space Activities in the Light of Developments in European Space Cooperation, Chapter 2, Leiden, the Netherlands: Koninklijke Brill NV, 29–71 8. Diego Zannoni (2013), ‘Conflict and Conciliation of National Space Laws’, Annals of Air and Space Law, XXXVIII, 343–84 9. Robert A. Ramey (2000), ‘Armed Conflict on the Final Frontier: The Law of War in Space’, Air Force Law Review, 48, 1–157 10. David A. Koplow (2009), ‘ASAT-isfaction: Customary International Law and the Regulation of Anti-Satellite Weapons’, Michigan Journal of International Law, 30 (4), Summer, 1187–272 11. Matthew Schaefer (2013), ‘Analogues between Space Law and Law of the Sea/International Maritime Law: Can Space Law Usefully Borrow or Adapt Rules from These Other Areas of Public International Law?’, Proceedings of the International Institute of Space Law 2012, Issue 3: The International Legal Regulation of Outer Space within the Scope of Public International Law, The Hague, the Netherlands: Eleven International Publishing, 316–30 PART II LAUNCH AND SPACE OPERATIONS LEGAL ISSUES 12. James L. Reed (1997), ‘The Commercial Space Launch Market and Bilateral Trade Agreements in Space Launch Services’, American University International Law Review, 13 (1), 157–217 13. Varlin J. Vissepó (2005), ‘Legal Aspects of Reusable Launch Vehicles’, Journal of Space Law, 31 (1), Summer, 165–217 14. Steven Freeland (2005), ‘Up, Up and ... Back: The Emergence of Space Tourism and Its Impact on the International Law of Outer Space ’, Chicago Journal of International Law, 6 (1), Summer, 1–22 15. Frans G. von der Dunk (2007), ‘Passing the Buck to Rogers: International Liability Issues in Private Spaceflight’, Nebraska Law Review, 86 (2), 400–38 16. Stephan Hobe and Jan Helge Mey (2009), ‘UN Space Debris Mitigation Guidelines’, Zeitschrift für Luft- und Weltraumrecht, 58 (3), 388–403 17. F. G. von der Dunk, E. Back-Impallomeni, S. Hobe and R. M. Ramirez de Arellano (2004), ‘Surreal Estate: Addressing the Issue of “Immovable Property Rights on the Moon”’, Space Policy, 20 (3), August, 149–56 18. Henry R. Hertzfeld and Frans G. von der Dunk (2005), ‘Bringing Space Law into the Commercial World: Property Rights without Sovereignty ’, Chicago Journal of International Law, 6 (1), Summer, 81–99 19. Stephan Hobe (2007), ‘Adequacy of the Current Legal and Regulatory Framework Relating to the Extraction and Appropriation of Natural Resources in Outer Space’, Annals of Air and Space Law, XXXII, 115–30 PART III SATELLITE APPLICATIONS LEGAL ISSUES [147 pp] 20. Frans G. von der Dunk (2015), ‘Legal Aspects of Satellite Communications – A Mini Handbook’, Journal of Telecommunication and Broadcasting Law, 4, September, 1–26 21. Francis Lyall (2015), ‘”Harmful Interference” and the ITU’, in Mahulena Hofmann (ed.), Harmful Interference in Regulatory Perspective: Legal Rules for Interference-Free Radio Communicaton: 3rd Luxembourg Workshop on Space and Satellite Communication Law, Baden-Baden, Germany: Nomos Verlagsgesellschaft, 19–29 22. Attila Matas, Yvon Henri and Chuen Chern Loo (2016), ‘The ITU Radio Regulations Related to Small Satellites’, in Irmgard Marboe (ed.), Small Satellites: Regulatory Challenges and Chances, Chapter 12, Leiden, the Netherlands: Koninklijke Brill NV, 237–64 23. Atsuyo Ito (2005), ‘Issues in the Implementation of the International Charter on Space and Major Disasters’, Space Policy, 21 (2), May, 141–49 24. Maureen Williams (2006), ‘The UN Principles on Remote Sensing Today’, in International Institute of Space Law (ed.), Proceedings of the Forty-Eighth Colloquium on the Law of Outer Space, 17-21 October 2005, Fukuoka, Japan, Reston, VA, USA: American Institute of Aeronautics and Astronautics, 2–9 25. Nicolas Peter (2004), ‘The Use of Remote Sensing to Support the Application of Multilateral Environmental Agreements’, Space Policy, 20 (3), August, 189–95 26. Stefan A. Kaiser (2012), ‘Satellite Navigation Systems: The Impact of Interoperability’, Annals of Air and Space Law, XXXVII, 369–97 27. Francis P. Schubert (1999), ‘An International Convention on GNSS Liability: When Does Desirable Become Necessary?’, Annals of Air and Space Law, XXIV, 245–73 Index

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Book SynopsisWhilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.Trade Review'Ulf Linderfalk's new book Understanding Jus Cogens in International Law and International Legal Discourse is a timely contribution to the debate on the criteria and consequences of jus cogens in international law. A debate which has, for the most part, been characterised by participants speaking past each other. Building on his previous accomplished work on the theory of jus cogens, Linderfalk takes a step back in order to examine the common assumptions underlying dominant approaches to jus cogens in international law. The result is a book that has the potential to open the lines of communication in the pursuit of better understanding of jus cogens.' --Dire Tladi, University of Pretoria, South AfricaTable of ContentsContents: 1. Introduction 2. Legal Positivism and legal idealism 3. The source of jus cogens obligations and no-competences 4. The role of state consent in the creation and modification of jus cogens norms 5. The identification of jus cogens norms 6. The scope of jus cogens: Possible delimitations of the concept 7. Jus cogens and the concept of a normative conflict 8. Jus cogens and the individuation of norms 9. Significance of the findings for future international legal discourse Index

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Book SynopsisThis Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field.The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community.The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Möllers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. WoutersTrade Review'This Handbook is an essential introduction to a key component of legal globalization analysis. Global Administrative Law theory is a crucial complement to all existing international law approaches, flowing from the realization that the world is nowadays increasingly governed by bodies - and networks of bodies - that have an administrative rather than political role. The panel of contributors includes most of the issue's best experts, and they provide us with an indispensable intellectual background to enter into an analysis of what it is made of and how to subject it to the rule of law.' --Jean-Bernard Auby, The Paris Institute of Political Studies, FranceTable of ContentsContents: Introduction: The Development of Global Administrative Law Sabino Cassese with Elisa D’Alterio PART I GLOBAL ADMINISTRATIONS 1. The Expansion of the Material Scope of Global Law Lorenzo Casini 2. The Proliferation of Global Regulatory Regimes Stefano Battini 3. Managing International Civil Servants Santiago Villalpando 4. International Public Procurement Elisabetta Morlino 5. Constitutional Foundations of Global Administration Christoph Möllers PART II GLOBAL NETWORKING 1. Linkages Between Global Regimes and Interactions with Civil Society Mario Savino 2. Global Networks and Shared Administration Paul Craig PART III THE GLOBAL ADMINISTRATIVE PROCESS 1. Global Standards for National Societies Richard B Stewart 2. Government by Negotiation Jan Wouters 3. Transnational Private Regulation: Regulating Private Regulators Fabrizio Cafaggi 4. The Enforcement of Global Decisions Barbara Marchetti PART IV RULE OF LAW AND DEMOCRACY IN THE GLOBAL SPACE 1. The Rule of Law and Transparency in the Global Space Marco Macchia 2. Judicial Globalization: The Proliferation of International Courts Mikael Rask Madsen 3. Judicial Regulation in the Global Space Elisa D’Alterio 4. Theories of Civil Society and Global Administrative Law: The Case of the World Bank and International Development Francesca Bignami 5. Global Indicators Marta Infantino PART V REGIONAL AND GLOBAL GOVERNANCE 1. Europe and Global Law Giulio Vesperini 2. Global Administrative Law and the Global South René Fernando Urueña Hernandez 3. The Global Administrative Law of Development Cooperation Philipp Dann PART VI GLOBALIZATION AND SOVEREIGNTY 1. Bringing Global Law Home Edoardo Chiti 2. Globalization and Sovereignty: Global Threats and International Security Emma Dunlop 3. The Future of Sovereignty: The Nation State in the Global Governance Space Eyal Benvenisti 4. Governing the World Sabino Cassese PART VII THE GLOBAL LEGAL CULTURE 1. The Globalization Debate – A Mid-decade Perspective Robert Howse 2. The Disputed Field of Global Lawyering Antoine Vauchez 3. The Global Administrative Law Scholarship Lorenzo Casini Index

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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Book 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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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