Public international law Books

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 201 contains the 2019 judgement on preliminary objections of International Court of Justice in Certain Iranian Assets (Iran v. United States), 2020 judgement of Inter-American Court of Human Rights in the Lhaka Honhat v. Argentina case, and 2021 judgement of the United Kingdom Supreme Court in General Dynamics UK Ltd v. Libya.Table of Contents1. Certain Iranian Assets (Islamic Republic of Iran v. United States of America); 2. Hossou and Adelakoun v. Republic of Benin; 3. Commissaire Général aux Réfugiés et aux Apatrides v. Mostafa Lounani; 4. Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina; 5. International Bank for Reconstruction and Development (IBRD) Court Fees Case; 6. Regina (Akarcay) v. Chief Constable of West Yorkshire Police; 7. Local Authority B v. X, V and T; 8. London Borough of Barnet v. AG and Others and Secretary of State for Foreign, Commonwealth and Development Affairs; 9. Houghton v. USA; 10. General Dynamics United Kingdom Ltd v. State of Libya.

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

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

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Book SynopsisWhat does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.Trade Review'John Reynolds explores the development and operation of emergency rule in colonial territories, and the enduring influence of this model on emergency law and, indeed, international law. There is a great deal he illuminates in this book, which combines erudition with superbly clear writing. The book examines 'imperial emergency rule' - it could in fact be termed a global history of imperial emergency rule - and connects together accounts of emergency that are often treated separately: colonial emergencies, the impact of these emergencies on the drafting of international legal instruments, and contemporary settler colonialism. It is by drawing on this range of diverse yet related materials that Dr Reynolds provides such a far-reaching account of the complexities of how emergency law operates, and such an incisive understanding of how it produces resistance from below. Empire, Emergency and International Law is an eloquent and valuable book which provides enduring insights into a pervasive feature of our times.' Antony Anghie, author of Imperialism, Sovereignty and the Making of International Law'This luminary work on states of emergency and settler colonialism has given us a fresh set of eyes with which to understand the structural aspects of law, and its intersections with vexing questions of power and governance, human rights and emancipation.' Noura Erakat, George Mason University, Virginia'This is a profoundly important book that should reshape the way we explore and use international law and the concept of states of emergency, among many other things.' Mark LeVine, University of California, Irvine'Highly relevant for contemporary times, this book focuses on the colonial lineages that have shaped current emergency law. This is an exceptional book which goes to the very core of law itself and its relationship with power. It is simultaneously engaging and penetrating. Presenting very serious and complex issues in a highly accessible way, it is masterful and assured in its depth of analysis.' Irish Association of Law Teachers (IALT) Council, Kevin Boyle Book Prize Judging Panel'This is a book which tackles complex questions with serious depth, while remaining accessible to the reader. It is grounded not only in legal theory, history and politics but is also informed by perspectives of on-the-ground activism and awareness of social change.' Úna Ní Raifeartaigh, Judge of the High Court of Ireland'John Reynolds has written a book of immense importance in at least three distinct areas of law: legal history, international law and comparative law. The level of detail, the theoretical basis and the ability to display the link between historical eras and disparate territories demonstrate conclusively the origins of emergency law in the colonial experience, a critically important legacy that he documents in magisterial fashion. Reynolds grounds his book firmly in the camp of Third World Approaches to International Law (TWAIL), which serves his principal mission of discussing the racism, imperialism and colonialism at the heart of emergency law. It is hard to overstate the importance of Reynolds' intervention. Empire, Emergency, and International Law is the corrective to the ahistorical and wrong-headed debate we have been subject to for far too long. It is an indispensable book that should serve as a frame of reference for any study on the law of emergency.' Wadie Said, Journal of Conflict & Security LawTable of ContentsForeword; Prologue; Part I. Traditions of the Oppressed: 1. Emergency, colonialism and third world approaches to international law; 2. Racialisation and states of emergency; 3. Emergency doctrine: a colonial account; Part II. Empire's Law: 4. Emergency derogations and the international human rights project; 5. Kenya: a 'purely political' state of emergency; 6. The margin of appreciation doctrine: colonial origins; Part III. The Colonial Present: 7. Palestine: a 'scattered, shattered space of exception'?; 8. Australia: racialised emergency intervention; 9. International law, resistance and 'real' states of emergency; Bibliography.

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Book SynopsisThe UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council''s work in practice. This book aims to answer questions such as ''when are Council decisions binding and on whom?'', ''what legal constraints exist on Council decision making?'' and ''how far is the Council bound by international law?''. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.Trade Review'Whether you have an academic interest in the UN Security Council, happen to be a journalist seeking reliable background information about it, or simply want to know how the Council works and why it so frequently stays short of our expectations - from now on there is no better way of finding out than reaching for this sharp, crystal-clear book written by prominent insiders.' Bruno Simma, Former Judge at the International Court of Justice, Founding editor of the German Commentary on the UN Charter'This exceptionally well-organized and persuasive book by two noted legal scholars (and frequent, much sought-after, practitioners) on the UN Security Council's powers and wider role in international law, a much contested field, will set the standard for at least the coming generation.' David M. Malone, Under-Secretary-General of the United Nations'Wood and Sthoeger elegantly parse the voluminous practice of the U.N. Security Council to explain its most salient characteristics in relation to international law, notably its nature, process, power, limits, and law-making role. Through copious and compelling examples, the sometimes-obscure legal functions of this important political organ are thoughtfully revealed.' Sean D. Murphy, Manatt/Ahn Professor of International Law, George Washington University; Member, U.N. International Law CommissionTable of ContentsIntroduction; 1. The legal nature of the security council; 2. Decisions of the security council; 3. The powers of the security Council; 4. Possible limits in the powers of the security council; 5. The security council and measures not involving the use of force; 6. The security council and the use of force; 7. The security council, international organizations and the use of force; 8. The security council and the international court of justice; 9. The security council's contribution to the development of international law; Conclusions.

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Book SynopsisThis book provides valuable new information to those interested in Chinese history, international legal history, and international relations. Its new explorations of archives and other primary sources are helpful for researchers in these fields. It also appeals to general readers eager to learn more about China's role in world affairs.Trade Review'China's engagement with Western international law, Ryan Martínez Mitchell shows in this field-defining study, is neither recent nor rejectionist. Instead, starting in the 19th century, Chinese actors interacted with once foreign concepts and terms in light of local imaginaries, and Chinese engagement reshaped international law in turn. The results are a tour de force of research and reconceptualization of how the legal order of the contemporary world came about, and where alternative global internationalisms might one day lead.' Samuel Moyn, Chancellor Kent Professor of Law and History, Yale University'Recentering the World is a wonderful book that should re-center how we think about not only China but international law itself. Running from the late Qing through WTO accession, Ryan Mitchell's singular blend of deep historical research in Chinese, Japanese and western archival materials, deft legal analysis, and love of ideas is an exemplar of superb cross-disciplinary scholarship.' William P. Alford, Jerome A. and Joan L. Cohen Professor of East Asian Legal Studies, Harvard Law School'An excellent conceptual history of how China engaged with Western-made international law in the late 19th and 20th centuries. Mitchell moves fluidly between domestic and transnational spheres of thought, and between different layers of conceptual meaning as they are constantly reconstructed during this era.' Taisu Zhang, Professor of Law, Yale Law School and author of The Ideological Foundations of Qing Taxation (2022)Table of ContentsIntroduction: 'In the Nineteenth Century, There was No International Law'; Part I. Preserving Stateliness, 1850–1894: 1. Universal Prosperity; 2. Synarchy; 3. Vast Imperium; Part II. Asserting Sovereignty, 1895–1921: 4. The Public Law of Planet Earth; 5. The Problem of Equality; 6. Reconstituted Hierarchies; Part III. Internationalisms, 1922–2001: 7. Changing Circumstances; 8. New Orders; 9. Perpetual Peace; Conclusion: From Object to Subject? – China in a World of Institutions; Glossary of Chinese and Japanese Names; Bibliography; Index.

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Book SynopsisThis book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.Trade Review'An important and illuminating contribution to a vital but infrequently explored area of 'cyber hostilities'.' JHH Weiler, Editor-in-Chief, European Journal of International Law'In line with the Paris Call for trust and security in the cyberspace launched by President Macron, France firmly believes that the application of International Law, including the UN Charter in its entirety, international humanitarian law and customary international law, is and needs to remain the foundation for peace and security in cyberspace. François Delerue's in-depth analysis constitutes an essential intellectual contribution towards building more trust, security and stability in cyberspace.' Henri Verdier, Ambassador for digital Affairs, French Ministry for Europe and Foreign Affairs'François Delerue's stimulating and thought-provoking study is a must read for those seeking a fresh look on international law and contemporary challenges. It is a valuable contribution to classical international scholarship, while providing readers with technical background necessary to better understand current legal issues in cyberspace. Its particular strength is a detailed yet practical take on attribution, due diligence and state responsibility with poignant references to resilience and cyber operations.' Joanna Kulesza, University of Lodz, Poland'Cyber Operations and International Law offers an important - and comprehensive - treatment of international law's application to State and State-sponsored operations in cyberspace. Taking readers beyond the well-trodden grounds of armed conflicts, Delerue covers a range of international legal issues, including sovereignty, non-intervention, counter-measures, and human rights. In doing so, he provides an accessible account of the technology and its challenges to the efficacy of international law in regulating global cybersecurity.' Duncan B. Hollis, Temple University, Philadelphia'In a context of enhanced strategic competition between great powers and proliferation of state sponsored cyber attacks that threaten international peace and cyber stability, François Delerue's Book offers a brilliant and insightful contribution to the debates about how international law applies to cyber operations. His sophisticated and thorough analysis of complex legal debates, supported by well-documented examples, is both accessible to non-lawyers and of great value for scholars and practitioners.' Frederick Douzet, Université Paris 8, Director of GEODE'This study is illustrated by numerous examples drawn from State practice, demonstrating the topicality of the subject and constituting thus a useful manual for professionals [of] law. The author succeeds, while leading [an] in-depth analysis of the subject, to [make] accessible to legal and non-legal readers the 'old concepts of international law' which for some seem to find a second youth in the era of the multiplication of cyber operations.' Aude Géry, Hérodote'Cyber Operations and International Law is a compelling, logical, and important book that touches on all of the critical international law topics while asking difficult questions … François Delerue successfully accomplishes the heroic task of untangling both the technology and law surrounding cyber operations in a book that will undoubtedly serve as a leading foundation for further scholarly activity in this space.' Ido Kilovaty, American Journal of International Law'The analysis is particularly useful as there are few generalist works in international law on cybersecurity. Delerue's work offers another doctrinal approach, for a useful comparison of scientific analyzes.' Anne-Thida Norodom, Politique étrangère'The book by François Delerue provides an analysis of the strengths and weaknesses of a legal order facing unprecedented challenges-from cyber attackson nuclearplants to election meddling through digital espionage. The result of Delerue 's analysis is a comprehensive study of the currentstate of IL applicable to cyber operations;in its length, depth, and thor-oughness one of the first of its kind. Taking the classic law of state responsibility as his startingpoint and foundation,the author meticulously lays out the international legal framework limiting states' behavior in cyberspace. The book will not only appeal to international legal scholars however. Delerue makes an effort to bridge the gap between lawyers,computer- and political scientists, explaining the essentials of each discipline to the others where necessary.' Rachel F. Behring, Heidelberg Journal of International Law'Delerue is a research fellow in cyber defense and international law at the Institute for Strategic Research … and his deep knowledge of cyber security and cyber defense and their relationship with international law is evident in the book. Delerue cogently explains difficult technical concepts in the field of cyber operations and makes these notions easily comprehensible for international lawyers. The book has many examples from real life cases of wrongful cyber operations and these examples ensure that the author's reasoning becomes more relatable … the book is an excellent academic endeavour.' Upasana Dasgupta, Asian Journal of International LawTable of Contents1. Does international law matter in cyberspace? Part I. Attribution: 2. Attribution to a machine or a human: a technical process; 3. The question of evidence: from technical to legal attribution; 4. Attribution to a state; Conclusion of Part I; Part II. The Lawfulness of Cyber Operations: 5. Internationally wrongful cyber acts: cyber operations breaching norms of international law; 6. The threshold of cyber warfare: from use of cyber force to cyber armed attack; 7. Circumstances precluding or attenuating the wrongfulness of unlawful cyber operations; 8. Cyber operations and the principle of due diligence; Conclusion of Part II; Part III. Remedies against State-Sponsored Cyber Operations: 9. State responsibility and the consequences of an internationally wrongful cyber operation; 10. Measures of self-help against state-sponsored cyber operations; Conclusion of Part III; Conclusion.

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Book SynopsisAn examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.

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Book SynopsisThe extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts. By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof. Dr Šaranovic combines historical and comparative perspectives to identify several theoretical flaws in the court''s jurisdiction to grant this popular form of interim relief. The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the doTable of Contents1. Introduction; 2. Historical foundations of freezing injunctions; 3. Theoretical foundations of freezing injunctions; 4. Theoretical foundations of jurisdiction in private international law; 5. Application of jurisdictional theories; 6. Reform proposals; 7. The relationship between freezing injunctions and other interim relief; 8. Conclusions.

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Book SynopsisThis book employs an interdisciplinary approach to understanding the origins and role of Islam in constitutions of Muslim-majority states. It explains how and why Islam became constitutionally entrenched in some states and expands on the relationship between colonialism, constitutional Islam, secularism and human rights.Trade Review'In this book, Ahmed and Abbasi present a systematic argument and a powerful empirical lens to study the interface of religion, law, and politics in the Muslim world. Democracy under God presents an original and illuminating perspective on Islamic constitutionalism, which is supported by multi-disciplinary perspectives and a rich array of historical and contemporary empirical cases ranging from the Ottoman Empire to West Africa and Pakistan. This is a provocative and insightful book that will be of interest to a wide audience.' Adeel Malik, University of Oxford'In this wide-ranging book, Ahmed and Abbasi closely analyse the role of religious faith in the crafting of constitutions of diverse Muslim-majority countries. Taking nothing for granted while exploring the critical tension between human rights and Islam, the authors provide a profound insightful take that compels readers to question their assumptions. As a broad comparative study, the book is essential reading for scholars of law and religion, legal historians and constitutional law.' Nurfadzilah Yahaya, Yale UniversityTable of ContentsIntroduction; Part I. 1. Islamic constitutionalism: origins and present; 2. What is an Islamic constitution?; Part II. 3. Constitutional Islamisation and Islamic supremacy clauses; 4. Case studies; Part III. 5. Islamic supremacy clauses and rights – Islamic review in practice; Conclusion.

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Book SynopsisThis book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries’ approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.Table of ContentsPART I EUROPEAN LAW 1. Expulsions in Light of EU Law I. Expulsions of EU Citizens, EEA and Swiss Nationals and their Family Members II. Expulsion of Turkish Nationals III. Third-country Nationals Covered by the Long-term Residence Directive IV. Other Groups of Third-country Nationals V. Summary and Conclusions 2. Expulsion in Light of the ECHR and the ECtHR’s Case Law I. Binding and Non-binding Instruments II. Article 8 ECHR and the ECtHR’s Case Law III. Interests of the Individual vs Interests of the State IV. Summary and Conclusions 3. The Charter of Fundamental Rights of the European Union I. Right to Respect for Private and Family Life and the Rights of the Child II. Protection in the Event of Removal, Expulsion or Extradition, Article 19 CFR III. The Right to an Effective Remedy and to a Fair Trial, Article 47 CFR IV. Concluding Remarks 4. Summary and Conclusions: Differences between the EU Level and the Council of Europe PART II THE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL 5. Germany I. Introduction to the Concept of Expulsion Decisions in German Law II. The Abolished System of Expulsion (1990–2015) III. The New Provisions on Expulsion IV. Entry Ban V. Conclusions 6. The Netherlands I. The Legal Framework II. The Termination of Lawful Residence Following a Criminal Conviction III. Two Types of Entry Bans: Inreisverbod and Ongewenstverklaring IV. The Ongewenstverklaring, Article 67 Vw 2000 V. The Inreisverbod, Article 66a Vw 2000 VI. Intensity of Judicial Scrutiny: In-depth or Marginal Assessment? VII. The Rationale of the Sliding Scale VIII. Summary and Recommendations 7. The United Kingdom I. The Provisions Governing the Deportation of Convicted Foreigners II. Convicted Foreigners and Article 8 ECHR III. The Balance between the Principle of Proportionality and the Principle of Legal Certainty IV. Rationale of the Provisions Governing the Deportation of Convicted Foreigners V. Conclusions 8. Comparison of Germany, the Netherlands and the United Kingdom I. General Observations II. Differences between Germany and the Netherlands in Sentencing and the Duration of the Entry Ban III. Conclusions PART III TRANSNATIONAL ADMINISTRATIVE ACTS: THE EFFECTS OF NATIONAL EXPULSION DECISIONS AND ENTRY BANS ON THE EUROPEAN LEVEL 9. Transnational Administrative Acts: The European Effect of National Expulsion Decisions and Entry Bans I. Transnational Administrative Acts II. The Schengen Information System III. Return Directive IV. Summary and Conclusions Regarding Mutual Recognition, Modes of Administrative Decision Making, SIS Alerts and Entry Bans 10. National Expulsion Decisions and Entry Bans and their European Dimension I. Differences between Germany and the Netherlands Regarding Expulsion Decisions and the Termination of Lawful Residence aft er a Criminal Conviction II. Requirements at the National Level for Entry Bans and SIS Alerts III. Duration of the Entry Ban IV. Summary and Conclusions 11. Options to Remedy Remaining Divergences I. Deficiencies of the Current System II. Options for Improvement III. Likelihood of a Harmonisation of the Criteria for National Expulsion Decisions IV. Likelihood of a Further Specification of the Criteria for Entering Alerts into the SIS V. Final Remarks and Outlook Final Summary and Conclusions

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Book SynopsisThis book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.

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Book SynopsisThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. Further details of the IYIL can be seen at: www.hartjournals.co.uk/iyil/.

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Book SynopsisThis book is at the center of the UN goals of combining environment and economic development with new technologies.First, sustainability in mining is defined as a process of transformation. This is followed by an outlook on the aspects of safety, economy, environmental impact and digital transformation. The book includes a discussion of new aspects such as the problem of liability for mining damages regarding climate change in Peru. Specific technical issues in smart mining are covered as well, such as underground localization systems based on ultra-wide band radio and inertial navigation, or the use of thermal imaging for roof crack detection. In addition, the characterization of material flows, subsurface hydrogen-storage systems and the prediction of mining induced subsidence and uplift are dealt with.The Sustainable Smart Mining and Energy Yearbook is not only aimed at researchers professionals, but at all who want to get an overview of the important technical and legal topics in this field.​Table of ContentsIndustry 4.0 in Mining.­- Mine Sustainability in Mining Understood as a Process of Transformation.- Sustainable Smart Mining - Safe, Economical, Environmental Friendly, Digital.- Mining Damage Liability for Climate Change in Peru?.- China Power – Status Energy, Economy, Environment.- Russia 2020.- Optimisation of an Underground Localization System Based on Ultra-Wideband Radio and Inertial Navigation Through Determination and Evaluation of Influencing Factors.- Roof Crack Detection & Face Material Characterization via Thermal Imaging.- Resource Model Updating and Optimization for Real-Time Mining.- Development of a Data Fusion Model for Material Flow Characterization Using the Example of Gypsum and Anhydrite.- Blue Nodules – Use of Acoustic Emission Technology for an Inline Characterisation of Hydraulic Material Streams.- Blue Mining.- Towards Incorporating Extended Reality Technology in the Education of Mining Professionals.- Prediction of Mining-Induced Surface Subsidence and Uplifts in Germany.

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Book SynopsisThis book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.Trade Review“No law student should go without being exposed to probably all the volumes in this series, as they are source of enlightenment that will shift their point of view … . It should also be recommended … those engaged in human rights protection, such as judges, public prosecutors and public officials, for it is an eye-opening, captivating read … . the book is an undeniable contribution to the broader legal aspiration of equal respect and protection for all … .” (Ana Zdravković, Analysis PFB, Issue 3, 2023)Table of ContentsThe Fight against Discrimination on the Grounds of Sex, Sexual Orientation and Gender Identity in the External Relations of the European Union.- Feminist Justice and the European Court of Human Rights.- Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women’s Rights in International Jurisprudence.- Workplace Discrimination Towards LGBTQ Employees and Employee Candidates in the Job Market: A European Approach to the Workplace Discrimination Towards LGBTQ.- A Gender-Sensitive Reading of the Obligation to Prevent War Crimes under the Law of Armed Conflict.- The Recognition of Refugee Women in International Law.- Screening International Environmental Law through Gender Lenses – Already Gender-Sensitive, still not Gender-Responsive?.- Putting Women’s Rights to Work: The Participation of Women on Company Boards as a Human Rights Law Issue.- Promoting Gender Equality in International Trade Agreements: Pioneering or Pipe dream?.- Standing Alone but Standing Tall: A Female Perspective of International Law from the Interwar Yugoslavia.

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Book SynopsisThis textbook presents a detailed insight into the structures and processes of preparing students for Model United Nations (MUN) conferences and for attending Model United Nations conferences, subsequently. It serves as a handbook and practical guide for the implementation of MUN into courses and classes in educational institutions.Written by a Faculty Advisor, and offering additional insights from an experienced award-winning MUN delegate, the book provides a particularly exceptional insightful, and well-rounded approach. The author explains how a MUN course can be taught, presents exercises to prepare students for the conference, and discusses how the MUN delegation and trip to the conference can be organized. This comprehensive guide offers insights into a broad range of topics, including debates with peers, diplomacy to solve international crises, and learning about the system of the United Nations (UN) organization through simulation. Further, it covers the development of soft skills and communication at the conferences and building international friendships, while it additionally allows learning more about the UN Sustainable Development Goals (SDGs) in the process.With tips, tricks, and bonus material this book will serve as an anchor throughout the students' first MUN experience, as well as provide valuable help for more advanced participants. The book, therefore, is a must-read for both academic staff teaching MUN, as well as students attending MUN courses and planning to attend MUN conferences.Table of ContentsIntroduction to Model United Nations.- Model United Nations Conferences: Organisational Peculiarities.- Model United Nations Conferences: Roles and Responsibilities of Actors.- Model United Nations: (Didactic) Module Content.- Implementing a Model United Nations Program at your Institution.- Example of Model United Nations lecture schedule and some words on preparing lectures and engaging students successfully.- Model United Nations – beneficial/positive impact on students.

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Book SynopsisThe Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context.The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.Trade Review“In The Parthenon Marbles and International Law, Catharine Titi … examines how the marbles were acquired, the question of good title, and the various legal mechanisms that may or may not be employed to secure their return to Greece. … There is nothing like the regimented examinations of one trained in law. … thorough recital … .” (Eleni Vassilika, The Art Newspaper, theartnewspaper.com, September 29, 2023)“This gem of a book … a very strong and formidable text … . The Parthenon Marbles and International Law is both a tour de horizon and a tour de force on the law. Marvelously written and with a keen eye for both detail and nuance, Professor Catharine Titi informs as much as she provokes thought on the nature of international law ... . It is a must read for anyone interested in this area of international law.” (Michael G. Karnavas, michaelgkarnavas.net/blog, August 2, 2023)”Table of ContentsIntroduction.- Part One: The Facts.- The Parthenon.- Elgin and the Marbles.- The Acquisition of the Marbles by the UK Government.- Greek Demands for Return.- The British Museum and the Marbles.- Part Two: Access to Dispute Settlement.- What Method of Dispute Settlement?.- Issues of Jurisdiction and Admissibility.- Part Three: The Law Applicable to the Substance of the Dispute.- Treaty Law.- Customary International Law.- Part Four: Time Future.- Conclusion: Homecoming.- Annex.

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Book SynopsisIst die Demokratie das "Schmerzenskind" der Staatsrechtslehre? Volker Neumann beantwortet diese Frage anhand von fünf Epochen deutscher Staatlichkeit: Deutscher Bund/Vormärz, Kaiserreich, Weimarer Republik, NS-Regime und Bundesrepublik. Dabei klärt er, was die zeitgenössischen Staatsrechtslehrer unter Demokratie und benachbarten Themen wie Volkssouveränität, Repräsentation und Parteienstaat verstehen. Wichtige Vorgaben leistet das schweizerische Staatsrecht. Ein politisches System verdient den Ehrentitel "Demokratie", wenn die Ausübung von Staatsgewalt auf den Willen des Volkes zurückgeführt werden kann. Was aber ist der Volkswille? Die vielfältigen Antworten lassen sich zwei Richtungen zuordnen: Die erste behauptet, der Volkswille sei eine vorausgesetzte Idee, die nicht - wovon die zweite Richtung ausgeht - durch Abstimmungen ermittelt werden kann. Um diesen Richtungsstreit geht es im Kern auch in der Debatte um die demokratische Legitimation der Europäischen Union.

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Book SynopsisThis book discusses the dogmatic (that what is settled) and the dynamic (that what is changing) aspects of the relationship between blockchain and the law from a critical perspective. With contributions from legal and financial experts involved in both academy and business from Europe, Africa and North and South America, the book looks at the abstract complexities and practical challenges of regulating blockchain technology and its developments, such as crypto assets and smart contracts, from the perspectives of financial, tax, civil, and international law. Moreover, the book also delves into some exciting and cutting-edge related topics such as blockchain applications for litigation, CBDC and elections.The volume offers insightful considerations that will be helpful for legal practitioners involved in the crypto and Distributed Ledger Technology (DLT) phenomenon.Francisco Pereira Coutinho is Associate Professor at the Nova School of Law in Lisbon, Portugal.Martinho Lucas Pires is Teaching Assistant in the Department of Law of the Universidade Católica Portuguesa in Lisbon, Portugal.Bernardo Correia Barradas is a Lawyer and Senior Legal Advisor in payments in Washington DC, United States.Table of ContentsChapter 1. Introduction.- Chapter 2. Foundations: An Essay on Blockchain and the Law.- Chapter 3. Blockchain and Elections: A Complicated Relationship.- Chapter 4. What are the Limits of Blockchain? Considerations of the Use of Blockchain in Transitional Justice Processes.- Chapter 5. Taxing Crypto-Assets – The Portuguese Perspective.- Chapter 6. Blockchain Execution of Judgements – A Possibility in South Africa?.- Chapter 7. DLT Pilot Regime and DeFi.- Chapter 8. Central Bank Digital Currency – A Focus on Anonymity.- Chapter 9. Smart Contracts and the Law.- Chapter 10. Decentralized Autonomous Organizations and their Role in Digital Society.

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

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

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

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Book Synopsis

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