Böcker i Cambridge Studies in International and Comparative Law-serien

Provides a comprehensive history of the emergence and formation of the concept of sovereignty in China from the year 1840 to the present. It will be of interest to students and scholars of international and comparative law as well as scholars of modern China and policy makers.

Provides a comprehensively updated guide to the crime of aggression. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection, make this book essential for academics and practitioners interested in the crime of aggression, the prohibition of the use of force, and international criminal law.

The book examines law of treaties from the angle of different types of motion, and offers a combination of theoretical analysis supplemented with practical examples and empirical data. It covers all possible stages in the 'life-cycle' of a treaty, from its genesis to its eventual destruction.

By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.

Analyses the International Criminal Court's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity, and genocide that have come before the ICC as of mid-2018. It presents a detailed examination of court records and original interviews with prosecutors and gender experts at the Court.

A radical history of the expansionary project of statehood and its role in constructing the vastly unequal global order we inhabit today. Using meticulously inter-layered case studies, including the canonical 'Abyssinia Crisis', this book will appeal to readers interested in the history and theory of international law and international relations.

Expropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements.

The United Nations Charter prohibits states to threaten the use of force vis-a-vis another state, but what conduct is prohibited is unclear. This book fills this gap by exploring what forms of military coercion are permitted by international law, when such coercion is justified, and how norm-breakers are dealt with.

This book is for anyone interested in international law, from students to international judges. Complex ideas of maritime boundary delimitation are broken down to be understood by a wide audience, and to be applied in practice by those who deal with maritime boundaries in their professional life.

This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.

The book will appeal to academics, practitioners and students specializing in international law and international relations. It takes a fresh perspective on how the law that applies to intergovernmental institutions has - and continues to be - developed by analogy with the law that applies to States.

This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.

Appealing to international legal scholars and students concerned with the changing structures of international law, as well as to those audiences in academia, think tanks, and foreign ministries concerned with the law and politics of contemporary international legal strategies, and the role of law in global governance.

Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law, focusing on historical cases as well as those that remain very much alive today.

When is a norm peremptory? This question has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests that only the legal consequences of a norm distinguish it as peremptory, and sheds light on those consequences.

This book offers a new perspective on how legal arguments are constructed whilst revisiting theoretical discussions on the sources of international law and the structure of legal argumentation. It will appeal to those interested in the theory of international law and will inform further explorations of this field.

The defences available to a state under the law of state responsibility can be considered either as justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations.

This book will be of interest to all those interested in constitutional law, public law, human rights law, criminal law, criminology, and comparative law. It will help readers to understand what implications banning people from parts of public space has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy.

Rules of customary international law provide basic legal protections to foreign investors. This book analyses how they are created and how they can be identified. Offering guidance to actors called upon to apply such rules in concrete cases, this work is of significant importance to those involved in investment arbitration.

This systematic study of third-party countermeasures and its associated safeguards regime in international law offers a balanced analysis of the turbulent and idiosyncratic development of countermeasures in state practice and the work of the International Law Commission and the UN General Assembly Sixth Committee: Legal on state responsibility.

International law imposes on states a duty to prohibit 'advocacy of religious hatred that constitutes incitement to discrimination or violence'. What speech acts or publications fall under this offence? How do judges ascertain such 'incitement' has been committed? This book addresses these questions from the perspective of international and comparative law.

Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.

How should international treaties be interpreted over time? This is the first book to address what evolutive interpretation looks like in reality. It addresses how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static.

Sandy Steel explores how the rules of causation and exceptional departures from those rules are manifested in the tort laws of England, Germany and France. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.

Why have international institutions been central to modern trade law for the past century? Written with scholars of international law and international institutions in mind, Michael Fakhri answers this question through an historical examination of three mostly forgotten sugar treaties.

Treaty conflicts are often deliberately created to challenge or change legal regimes. What does this say about the role of law in international affairs? This book examines modern legal thought and practice, with detailed studies of conflict dynamics in nuclear governance, international criminal justice and the law of the sea.

What is the role of litigation in addressing the problem of climate change? This book focuses on the real-world impact of extensive climate-related lawsuits on regulation, corporate behaviour and social norms, and explains how these lawsuits have shaped approaches to mitigation, adaptation and regulation.

How did European international law become a legal regime with a global scope? Arnulf Becker Lorca argues that the appropriation of international legal thinking by peripheral lawyers explains the nineteenth-century globalization of international law and the early twentieth-century development of basic doctrines such as self-determination.

Is international fisheries law inevitably moving towards a property-rights regime? Despite regional fisheries management organisations (RFMOs)already perceptibly adopting this approach, they are ambivalent about it and its consequences remain underanalysed. In this book, Andrew Serdy explores the implications revealed by the practice of fishing States and RFMOs and suggests ways forward.

Projecting religious offence on a global scale has become tantalisingly easy. While Salman Rushdie had to write a voluminous novel to prompt worldwide outrage, his lesser epigones can content themselves with caricatures or video-clips on the internet. But should global outrage also entail global sanctions? Should international law prohibit blasphemy? This book examines these questions.