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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 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.
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.
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.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
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.
This book is interdisciplinary and covers a wide range of academic genres. It will be of interest to international lawyers, legal historians, military historians, maritime lawyers and historians, political scientists, arbitrators and legal practitioners.
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.
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.
This is the first history of the environmental regime of the League of Nations during the interwar period. Omer Aloni uncovers the hidden interests, perceptions, motivations and agendas previously overlooked by both environmental historians and legal scholars.
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.
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.
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.
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