Humanitarian intervention seemed to promise a world in which human rights would be privileged over national interests or imperial ambitions during the 1990s. This book argues that humanitarian interve
This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1
Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.
The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
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. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.
International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (such as sources, responsibility, statehood, personality, interpretation and jus cogens) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.
This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international
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
Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.
After the crime of aggression was adopted under the Rome Statute of the International Criminal Court, Carrie McDougall used her intimate involvement in the crime's negotiations, combined with extensive scholarly reflection to produce the first and most comprehensive academic study. This updated second edition offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the provisions governing the ICC's exercise of jurisdiction over the crime. It explores the desirability of holding individuals to account for unlawful uses of inter-State armed force, the geo-political significance of the crime and a range of practical issues likely to arise in prosecutions before both the ICC and domestic courts. This book is highly relevant to all academics and practitioners interested in the crime of aggression, as well as broader issues relating to the prohibition of the use of force, international criminal law and the ICC.
