Territorial status in international law

This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established ...

Predictability and flexibility in the Law of Maritime Delimitation

This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other ...

Complicity in international criminal Law

This book tackles one of the most contentious aspects of international criminal law - the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality ...

The reception of asylum seekers under international Law

between sovereignty and equality

Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate ...

Corruption and Human Rights Law in Africa

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it ...

The rule of Law at the national and international levels

contestations and deference

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies ...

Statelessness

the enigma of the international community

'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the ...

Balancing Human Rights, environmental protection and international trade

lessons from the EU experience

This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from ...

International Law for common goods

normative pcrspectives on Human Rights, Culture and nature

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods - typically values (like human rights ...

Statelessness

the enigma of the international community

'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the ...

International Law and the construction of the liberal peace

This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to ...

The interception of vessels on the high seas

contemporary challenges to the legal order of the oceans

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high ...

Fighting corruption in public procurement

a comparative analysis of disqualification or debarment measures

Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and ...

The practice of International and National Courts and the (De-)fragmentation of international Law

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to ...

Europe and extraterritorial asylum

Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing ...

State liability in investment treaty arbitration

global constitutional and administrative Law in the BIT Generation

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation ...

Promises of States under international Law

Textbooks on international law, dicta of the ICJ and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Such declarations ...

Accounting for hunger

the right to food in the Era of Globalisation

The challenge of global hunger is now high on the agenda of governments and international policy-makers. This new work contributes to addressing that challenge, by looking at the obstacles which stand in the way of implementing a right to food in the era of globalisation ...

The militarisation of peacekeeping in the Twenty-First Century

Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain ...

The distinction and relationship between Jus ad Bellum and Jus in Bello

This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two ...