Reappraising the resort to force

international Law, Jus ad Bellum, and the war on terror

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by ...

Reflections on the UN Declaration on the Rights of Indigenous Peoples

The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of ...

Contracting with sovereignty

State Contracts and international arbitration

The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern ...

Reappraising the resort to force

international Law, Jus ad Bellum and the war on terror

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by ...

International Law and dispute settlement

new problems and techniques

Eds. Duncan French, Matthew Saul, Nigel D. White. International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms ...

The democratic legitimacy of international Law

The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jurgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures ...

Property rights and natural resources

The use of private property rights to regulate common pool natural resources is a controversial topic, which must address two critical issues: the allocation of wealth in society and proper conservation and management of limited resources. Given the privatisation of many natural resources within the ...

Human dignity and the foundations of international Law

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues ...

The International Court of Justice and self-defence in international Law

The legal rules governing the use of force between States is one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force ...

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 ...

The use of nuclear weapons and the protection of the environment during international armed conflict

In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that 'while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the ...

The shifting allocation of authority in international Law

considering sovereignty, supremacy and subsidiarity

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the ...

Counterterrorism

democracy´s challenge

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly ...

Amnesty, Human Rights and political transitions

bridging the peace and justice divide

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims ...

Human security and international Law

prospects and problems

The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to ...

The development of Human Rights Law by the judges of the International Court of Justice

The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the ...

Biotecnologies and international Human Rights

This book follows and complements the previous volume "Biotechnology and International Law" (Hart, 2006) with its specific focus being human rights. It is the result of a collaborative effort which brings together a select group of experts from academia and from international organisations with the ...

The arms trade and international Law

There are believed to be about 700 million small arms and light weapons (SALW) in the world, often contributing to highly destabilising security and other concerns in international law. SALW are the primary source of violations and abuses of humanitarian and human rights principles by ...

Transnational corporations and Human Rights

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of ...

The chapter VII powers of the United Nations Security Council

This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of ...