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.
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.
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.
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.
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.
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.
This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
As the first single-authored general account of the international law of energy, written by a leading authority and covering all the main rules, processes and institutions, this book will be of significant interest to undergraduate and graduate students, researchers and practitioners of international law, international relations and energy policy.
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.
This monograph offers a comprehensive history of the standard of civilisation, a core component of the history of international law, that also shows its relevance for contemporary lawyers. It offers a distinctive intervention in the context of the recent revival of the history and theory of international law.
An innovative, inter-disciplinary examination of how the International Criminal Court came to be framed as a 'catalyst' for domestic accountability, and its unexpected effects in Uganda, Kenya, and the Democratic Republic of Congo. The book urges a critical rethinking of the ICC's politics and offers concrete recommendations for future practice.
This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.
"The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 statement of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention"--
"The book offers a pre-history of international investment law focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new primary archival material, including arbitral awards, diplomatic notes, and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, highlighting their private law character. It also offers an account of the underestimated role of 'general principles of law recognized by civilized nations' for the theoretical and practical consolidation of the norms in international investment law. On a theoretical level the book works with an account of law as jurisdictional practice and draws out the relationship between the claim to universality of international legal norms and the economic dominance and dependence created through this claim"--
"Part essay, part novel, this book offers a unique take on the inner workings of international courts. It reveals how judges reach their decisions and what invisible actors (counsel, advisors, bureaucrats, academics) contribute to the process. The narrative combines the author's first-hand experience with rigorous research in legal sociology"--
"Much of the existing accounts assume that investment treaties affect national governance. However, how exactly this happens has been subject to little analysis. Conventional accounts presume that these treaties improve national governance, leading to good governance and the rule of law for all. Critical accounts charge that investment treaties unduly empower foreign investors and cause a regulatory chill. On both accounts, investment treaties are expected to empower and constrain. Comparing extended case studies of Argentina, the Czech Republic, India and Mexico, this book shows how investment treaties influence national governance ideologically, institutionally, and socially"--
This is an elegant, readable narrative of Nauru's imperial history that makes a compelling argument for the island's significance in the history of international law. It includes crucial new research for scholars in international law and history, as well as in German history, Pacific history, and contemporary international relations.
Written for academics, practitioners and students of international investment law and public international law more generally, the book shows, against the backdrop of recent case law and scholarly debate, how the outbreak of armed conflict influences the operation of international agreements for the promotion and protection of foreign investments.
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship - and the victims they affect - mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist retrenchment and counter comparative law's institutional marginalization, the fifteen essays at hand impart radical and discerning intellectual equipment in order to foster the valorization of the legally foreign and the comparative motion. In particular, the critique informing this manifesto examines pre-eminent topics like culture and difference, understanding and translatability, objectivity and truth, invention and tracing. Harnessing insights from a range of disciplinary discourses, this book contends that comparatists must boldly desist from their field's dominant epistemology and embrace a practice much better attuned to the study of foreignness.
"Using an historical and theoretical approach, Richard Clements explores why global justice and management have become so intimately connected within the International Criminal Court. Mapping the ICC's management ideas and practices onto an accessible model, Clements highlights the impact of management on the global justice project"--
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