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The Cambridge companion to International Law
\"This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice\"-- Provided by publisher.
Book
Multi-Sourced Equivalent Norms in International Law
Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of ‘fragmentation’. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of ‘multisourced equivalent norms’ in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.
eBook
International law
\"International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law\"-- Provided by publisher.
Book
The Nuremberg Military Tribunals and the Origins of International Criminal Law
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
eBook
A short introduction to international law
\"In our globalised world the sources and actors of international law are many and its growth prolific and disorderly. International law governs the actions of states on matters as long-established as diplomatic immunity or as recent as the War on Terror, and it now impacts upon the lives of ordinary citizens in areas as diverse as banking and investment, public health and the protection of the environment. In this accessible introduction Emmanuelle Tourme Jouannet explains the latest developments in international law in the light of its history and culture, presenting it as an instrument both for dominance and for change that adjusts and balances the three pillars of the United Nations Charter: the prohibition of the use of force; economic, social and sustainable development; and human rights\"-- Provided by publisher.
Book
Wars of Law
In Wars of Law , Tanisha M. Fazal assesses the
unintended consequences of the proliferation of the laws of war for
the commencement, conduct, and conclusion of wars over the course
of the past one hundred fifty years.
Fazal outlines three main arguments: early laws of war favored
belligerents, but more recent additions have constrained them; this
shift may be attributable to a growing divide between lawmakers and
those who must comply with international humanitarian law; and
lawmakers have been consistently inattentive to how rebel groups
might receive these laws. By using the laws of war strategically,
Fazal suggests, belligerents in both interstate and civil wars
relate those laws to their big-picture goals.
Why have states stopped issuing formal declarations of war? Why
have states stopped concluding formal peace treaties? Why are civil
wars especially likely to end in peace treaties today? In
addressing such questions, Fazal provides a lively and intriguing
account of the implications of the laws of war.
eBook
Jus humanitatis : the right of humankind as foundation for international law
\"At the beginning of 1944, Valentin Tomberg (1900-1973), best-known at the time for his Christological works, moved to Cologne at the invitation of legal scholar Ernst von Hippel, and that same year was awarded the title of Doctor of Law for his dissertation, published by Angelico Press as The Art of the Good: On the Regeneration of Fallen Justice. Tomberg had come to regard the modern path away from a natural law founded upon religion and towards a legal positivism oriented towards a legal positivism oriented
BOOK
National Courts and the International Rule of Law
Domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. This book comprehensively explores this issue and focuses mainly on judicial control of exercise of public powers by states.
eBook
Legitimacy of unseen actors in international adjudication
\"'Unseen actors' are vital to the functioning of international courts and tribunals, exercising varying levels of influence on the adjudicatory process and its outcome. The last few decades have witnessed an expansion in the number of international judicial bodies. Although these bodies differ in their institutional make-up and functions, a characteristic shared among them is their reliance on the contribution of individuals or entities other than the judicial decision-makers themselves. Unseen actors may take the form of registries, secretariats, law clerks and legal officers, but they also include non-lawyers such as translators, members of the medical profession and scientific experts. Some of these actors may be 'more unseen' than others but most remain nameless in the written decisions, and the extent of their contribution is generally unclear. The opaqueness of their role, combined with the significance of the judicial decision for the parties involved as well as for a wider range of stakeholders, raises questions about the impact of these unseen actors on the legitimacy of international adjudication as such. For example, an unseen actor's influence has formed a ground upon which an arbitral award was challenged, as substantial parts had allegedly been written by a legal assistant rather than the arbitrators themselves. The domestic court adjudicating the dispute in first instance set aside the award on a different ground, so it did not address this point; the case is currently pending on appeal. This book aims to answer such legitimacy questions and identify 'best practices', where feasible, through a multifaceted enquiry into possible common connections and patterns in the institutional makeup and daily practice of international courts and tribunals\"-- Provided by publisher.
Book
Extraterritorial Application of Human Rights Treaties
Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government — all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
eBook