Books in the Oxford Monographs in International Law series

This book analyses the concept of sharing responsibility between States for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.

In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they would result in a serious violation of human rights.

Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.

Examining the legal principles behind UN Security Council sanctions, this book questions whether due process is afforded to sanctioned individuals in the context of the politics and crises that form the heart of Security Council decision-making.

This book investigates the consequences of geographical change and climate change on State jurisdiction in the sea. It considers the effects of shifting coastlines on territorial sovereignty, population displacement, and the idea of 'legal extinction' of a State.

Providing a comprehensive analysis of and coherent method for establishing obligations concerning the transit of energy through pipelines, in both multilateral and bilateral treaties, this book sets out the duties of transit states and remedies in case of breach.

As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized

Maritime security is of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. This book sets out and evaluates the legal framework regulating the use of force on the oceans, as well as challenges like illegal fishing and environmental damage. It suggests that more flexible rules are needed to safeguard the seas.

This book deals with the protection of human rights in international criminal proceedings. Its basic assumption is that human rights are the yardstick against which to measure the conformity of international criminal proceedings with the rule of law and fundamental principles of justice.

Challenges several traditional assumptions concerning human rights. In particular, the book challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations between individuals.

Focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. This book considers the history and merits of this concept.

Addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the implementation and enforcement of international law. This book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law.

This book offers the first comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. It looks at the history and development of diplomatic protection, as well as the violations of international law whichcan trigger it. It goes on to examine conflicts of interests, and the influence of human rights on diplomatic protection.

This book analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those have been classified as weapons of mass destruction (WMD) i.e. nuclear, chemical and biological weapons.

This book, now in its second edition, analyses development across antitrust, criminal, and human rights law. Explores how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity

Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators spread out over a considerable area. Moreover, those who masterminded the crimes may not have actively participated in them. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified because although human rights standards are universal, in practice they inevitably look different from place to place.

International law dictates that states have sovereignty over their own monetary and fiscal affairs. In practice, however, globalization and the powers of organizations like the IMF and EU are thought to have significantly eroded this idea. This book offers a legal analysis of the development of monetary sovereignty and its meaning in today's world.

UN organs play a significant role in implementing the law of State responsibility in global security contexts. This book analyses how the ICJ, the General Assembly and the Security Council contribute to the implementation of the laws of State responsibility, using transnational terrorism as its principal case study.

The question of the legality of humanitarian intervention is a simple one - the Charter of the United Nations prohibits the use of force, with only two exceptions. This study examines the argument that a right of unilateral intervention pre-existed the charter.

An examination of the legal situation which arises during periods of occupation in respect of private property which is temporarily used, annexed, or destroyed by occupying forces. What happens to property after occupation ceases is covered, as are the issues of restitution and compensation.

Through analysis of state practice and key decisions of international tribunals, Dr Kontou considers the circumstances by which new customary law may abrogate the obligations of a prior treaty, and argues that there is a category of situations which supports the right to re-negotiate a treaty.

This is a definitive monograph on the concept of obligations ergo omnes---international obligations owed to the international community as a whole and binding irrespective of consent. Ragazzi adopts a pragmatic approach that identifies five common elements among the examples of obligations ergo omnes given by the International Court.

This book explores the relationship between self-determination and minority rights in international law. It is detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in an historical context.

This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

Provides a conceptual and legal analysis of one of the most important challenges facing international organizations: their exercise of sovereign powers. This book examines the exercise of sovereign powers by organizations such as the United Nations, the World Trade Organization, and the European Union.

This book reviews the rapid recent development of international criminal law, and explores solutions to key problems of official immunities, universal jurisdiction, the International Criminal Court and the stance of the United States, seeking to clarify how justice can best be done in a system of sovereign States.

The Statute of the International Criminal Court (ICC) was agreed in 1998. This provides a rough outline of a procedure, but it still needs to be made workable for the prosecution of international criminals. The aim of this book is to develop an international criminal procedural order.