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International Law of Victims
by Carlos Fernández de Casadevante RomaniAfter having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
International Law of Human Rights: The Compatibility Approach In The Practice Of International Human Rights Institutions (The\library Of Essays In International Law Ser.)
by K. Addo MichaelInternational law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.
International Law of Underwater Cultural Heritage: Understanding the Challenges
by Kim Browne Murray RaffThis book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.
International Law's Collected Stories (Palgrave Studies in International Relations)
by Sofia Stolk Renske VosThis edited volume presents a collection of stories that experiment with different ways of looking at international law. By using different literary lenses -namely, storytelling, the novel, the drama, the collage, the self-portrait, and the museum- the authors shed light on elements of international law that usually remain unseen or unheard and expose the limits of what international law can do. We inquire into who the storytellers of international law are, the stages on which they tell their stories, and who are absent in these tales. We present it as a collection: a set of different essays that more or less deal with the same subject matter. Alternatively, we would like to call it a potpourri of stories, since the diversity of topics and approaches is eclectic and unconventional. By placing multiple perspectives alongside each other we aim to compare and contrast, to allow for second thoughts, and to rediscover. In doing so, we engage with the ambiguities of international law’s characters and spaces, and with the worldviews they reflect and worlds they create.
International Law, Climate Change and Bangladesh
by Mahatab UddinThis book explores the possibilities and scope of facilitating Bangladesh’s battle against climate change with regard to relevant international legal instruments, as well as national laws and policies. The Post-Paris global climate regime considers adaptation, mitigation, climate finance, technology transfer, capacity building, and compensation for losses and damage associated with climate change as essential tools for combating it. This book includes chapters on each of the above topics. Additionally, it covers integrating digital technologies in climate-smart agricultural practices, government land acquisition practices and their repercussions on changing land conditions, the legal landscape overseeing climate change and foreign direct investment, and the regulatory interplay between domestic trade and climate policies in Bangladesh. The book comprehensively covers climate justice issues by addressing climate-induced migration, access to clean water, gender-responsive climate action, public interest environmental litigation, and, above all, the climate-change-development nexus in Bangladesh. This book is intended for researchers, policymakers, university students, and practitioners in international environmental law and climate change law.
International Law, Human Rights and Public Opinion: The Role of the State in Educating on Human Rights Standards
by Heping DangThis book explores situations in which public opinion presents itself as an obstacle to the protection and promotion of human rights. Taking an international law perspective, it primarily deals with two questions: first, whether international law requires States to take an independent stance on human rights issues; second, whether international law encourages States to inform and mobilise public opinion with regard to core human rights standards. The discussion is mainly organised within the framework of the UN system. The work is particularly relevant to situations in which public opinion appears as discriminatory attitudes based on race, gender, age, health, sexual orientation and other factors. It is also pertinent to circumstances in which public opinion is responsible for the existence of certain harmful customs and practices such as female genital mutilation and capital punishment. Noting that the death penalty is increasingly recognised as an infringement of human rights, this study further challenges States’ argument that capital punishment cannot be abolished because of public opinion. The book also discusses the role that education bears under international law in moulding favourable attitudes towards human rights. Finally, the book challenges States’ acceptance that public opinion cannot be confronted in this respect.
International Law, Necropolitics, and Arab Lives: The Legalization of Creative Chaos in Arabia
by Khaled Al-KassimiInternational Relations and International Law continue to be accented by epistemic violence by naturalizing a separation between law and morality. What does such positivist juridical ethos make possible when considering that both disciplines reify a secular (immanent) ontology? International Law, Necropolitics, and Arab Lives emphasizes that positivist jurisprudence (re)conquered Arabia by subjugating Arab life to the power of death using extrajudicial techniques of violence seeking the implementation of a "New Middle East" that is no longer "resistant to Latin-European modernity", but amenable to such exclusionary telos. The monograph goes beyond the limited remonstration asserting that the problématique with both disciplines is that they are primarily "Eurocentric". Rather, the epistemic inquiry uncovers that legalizing necropower is necessary for the temporal coherence of secular-modernity since a humanitarian logic masks sovereignty inherently being necropolitical by categorizing Arab-Islamic epistemology as an internal-external enemy from which national(ist) citizenship must be defended. This creates a sense of danger around which to unite "modern" epistemology whilst reinforcing the purity of a particular ontology at the expense of banning and de-humanizing a supposed impure Arab refugee. This book will be of interest to graduate students, scholars, and finally, practitioners of international relations, political theory, philosophical theology, and legal-theory.
International Law, New Diplomacy and Counterterrorism: An interdisciplinary study of legitimacy (Routledge New Diplomacy Studies)
by Steven J. BarelaThis interdisciplinary book explores how terrorism is meant to target a government’s legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century—between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators—has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government’s counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.
International Law, Politics and Inhumane Weapons: The Effectiveness of Global Landmine Regimes (Law, Conflict and International Relations)
by Alan BrydenThis book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines. Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why ‘ideal’ policy prescriptions are threatened when faced with complex challenges in post-conflict contexts. This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.
International Law, Us Power
by Shirley V. ScottObservers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.
International Law-Making by the International Court of Justice and International Law Commission: Partnership for Purpose in a Decentralized Legal Order (Cambridge Studies in International and Comparative Law)
by Omri SenderThe book provides an unparalleled account of the links that draw together the International Court of Justice and the International Law Commission, exposing the depth of the relationship between these central organs of the international legal system and its profound, unintended impact. By drawing upon historical records, as well as interviews with members of both organs, the book reveals that the original vision for interaction between the Court and the Commission has been lost in time. It inquires not only into the cross-fertilization that may be traced in the output of each body but also into the more subtle ties that they nurture; it also shows how even the rare occasions of disagreement attest to the strength of the inter-institutional relationship rather than undermine it. All this throws light on the largely intangible process of international law-making and challenges the notion that international legislation is the sole preserve of States.
International Law-making: Essays in Honour of Jan Klabbers (Routledge Research in International Law)
by Rain Liivoja Jarna PetmanThis book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
International Law: Cases and Materials (6th Edition)
by Lori F. Damrosch Sean D. MurphyThis classic international law casebook has been updated to cover recent case law, including the International Court s Extradite or Prosecute (Belgium v. Senegal) case, and the Supreme Court s decisions in Samantar v. Yousef (on foreign sovereign immunity) and Kiobel v. Royal Dutch Petroleum (on the Alien Tort Statute). With extraordinary range and depth, this casebook probes "hot topics" such as the Syrian civil war, the seizure of pirates, and the ICC's indictments of African leaders, all calculated to provoke engaging classroom discussions. This casebook is designed for introductory and advanced classes, with detailed readings on the structure and actors of international law and on specialized areas.
International Law: Cases and Materials (American Casebook)
by Sean D. Murphy Lori Fisler DamroschThis classic international law casebook is updated to cover recent case law, including the arbitral decision in the South China Sea Arbitration (Philippines v. China), the International Court of Justice’s Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) case, and the U.S. Supreme Court’s ruling in Jesner v. Arab Bank. With extraordinary range and depth, this casebook probes "hot topics" such as cyber-attacks, the Paris Agreement on climate change, developments in the International Criminal Court’s Al-Bashir proceedings, and complaints of racial discrimination by Palestine against Israel and by Qatar against the United Arab Emirates, all calculated to provoke engaging classroom discussions. This casebook is designed for introductory and advanced classes.
International Law: Selected Documents
by Allen Weiner Duncan HollisInternational Law: Selected Documents, Seventh Edition
International Law: Solutions (1999-2000 Llb Examination Questions And Suggested Solutions Ser.)
by John O'BrienFirst published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
International Law: Text, Cases and Materials
by David PataraiaInternational Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.
International Legal English: A Practical Introduction for Students and Professionals
by Rupert HaighEnglish is the dominant language of international business relations, and a good working knowledge of the language is essential for today’s legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book’s chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.
International Legal Personality (The\library Of Essays In International Law Ser.)
by Fleur JohnsWho or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.
International Legal Theory: Essays and engagements, 1966-2006 (Routledge Research in International Law)
by Nicholas OnufNicholas Onuf’s International Legal Theory: Essays and Engagements 1966-2007 is a collection of the author’s articles and book reviews from the period, including some previously unpublished material. The book records the author’s efforts to address important problems in international legal theory and to engage other scholars who were also addressing these problems. As well as demonstrating Onuf’s own constructivist contribution to the theoretical dimension of international law and international relations, each piece is preceded by a short introduction which highlights the wider themes and developments which have occurred in the field of international law in the last forty years.
International Legal Theory: Foundations and Frontiers
by Jeffrey L. Dunoff Mark A. PollackOver the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
International Liability Regime for Biodiversity Damage: The Nagoya-Kuala Lumpur Supplementary Protocol (Routledge Research in International Environmental Law)
by Akiho ShibataThe Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.
International Marine Environmental Law and Policy
by Daud Hassan Saiful KarimSeveral disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity. Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed. Thus, these activities require comprehensive policies, laws, and principles to manage them effectively. Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels. Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation. With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment. Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes. This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea. It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject.
International Marine Mammal Law
by Nikolas SellheimInternational Marine Mammal Law is a comprehensive, introductory volume on the legal regimes governing the conservation and utilisation of marine mammals. Written as a textbook, it provides basic overviews of international conservation law, which enable the reader to understand the greater implications of governance of a specific group of species. Paired with biological information on some marine mammal species, the international regimes for whales, seals and polar bears are explored — either as part of global regimes of international environmental governance or as regimes that were specifically designed for them. The book concludes with outlooks on the future of international marine mammal law, particularly in light of Japan’s withdrawal from the International Convention for the Regulation of Whaling in July 2019.
International Maritime Conventions: Navigation, Securities, Limitation of Liability and Jurisdiction (Maritime and Transport Law Library)
by Francesco BerlingieriFor the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this second volume, the author covers the key conventions dealing with collision, salvage, maritime liens and mortgages, arrest of ships, and limitation of liability. In particular, the author covers: International Convention for the unification of Certain Rules of Law with respect to Collision between Vessels, 1910 International Convention on certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952 International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910 International Convention on Salvage, 1989 International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages, 1926 International Convention on Maritime Liens and Mortgages 1993 International Convention relating to the Arrest of Sea-Going Ships, 1952 International Convention on Arrest of Ships, 1999 International Convention Relating to the Limitation of Liability of Owners of Sea-Going Ships, 1957 and Protocol of 21 December 1979 International Convention on Limitation of Liability for Maritime Claims, 1976 and Protocol of 1996 This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.