Dispute Settlement in International Space Law by
Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.
International Law by
Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabber's landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic.
International Law by
International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.
International Organization: Theories and Institutions by
This book is an introduction to the study of international organizations in the field of International Relations directed toward students in the discipline. It looks at the different ways in which IOs are studied and then applies these different modes of study to a variety of specific case studies.
Non-Governmental Organizations in World Politics by
Non-governmental organizations (NGOs) from Amnesty International and Oxfam to Greenpeace and Save the Children are now key players in global politics. This accessible and informative textbook provides a comprehensive overview of the significant role and increasing participation of NGOs in world politics. Peter Willetts examines the variety of different NGOs, their structure, membership and activities, and their complex relationship with social movements and civil society. He makes us aware that there are many more NGOs exercising influence in the United Nations system than the few famous ones. Conventional thinking is challenged in a radical manner on four questions: the extent of the engagement of NGOs in global policy- making; the status of NGOs within international law; the role of NGOs as crucial pioneers in the creation of the Internet; and the need to integrate NGOs within mainstream international relations theory. This is the definitive guide to this crucial area within international politics and should be required reading for students, NGO activists, and policy-makers.
The Sources of International Law by
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which tocreate international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sourcesof international law.It investigates the impact of ethical principles on the creation of international law; whether "soft law" norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in thecreation of international legal norms. It studies the notion of "general principles of international law" within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates theincreasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on newdevelopments, making it essential reading for anyone studying or working in international law.
The World Trade Organization by
The World Trade Organization (WTO) is scarcely ten years old, but even in these early years of its existence it has generated debate, controversy and even outrage. Rulings on beef hormones and tuna-dolphin cases provide graphic examples of how the organization regulates and intrudes into areasof individual consumer choice, ethical preferences, and cultural habits. This deep and far-ranging impact of the WTO on peoples' everyday lives means that it is not just an institution of interest to economists, but to everyone, a fact that was perhaps most graphically illustrated in the populardemonstrations at the 1999 Seattle Ministerial. Such protests have become a regular feature associated with most high-level meetings of the WTO.This VSI will provide a timely and carefully considered explanation of what the WTO is, what it does, and how it goes about executing its tasks. A clear understanding of the mandate, structure and functioning of the WTO is essential to appreciate the controversy behind the organization, and how farit deserves the reputation that it has come to acquire.
Students will be expected to consult a range of law journals via Lexis Library and selected eJournals from WestLaw with a view to developing appropriate legal research skills and to access important supplementary readings in preparation for assessments. Examples of journals include:
European Journal of International Law
American Journal of International Law
Asian Journal of International Law
Michigan Journal of International Law
Chicago Journal of International Law
Chinese Journal of International Law
Journal of International of Criminal Justice
Nordic Journal of International Law
The International Journal of Human Rights
British Journal of Social Work
Journal of International Economic Law
Journal of International Trade and Policy
Journal of Energy an Natural Resources
Journal of Intellectual Property Law and Practice
An Introduction to International Human Rights Law by
This book is designed to provide an overview of the development and substance of international human rights law, and what is meant concretely by human rights guarantees, such as civil and political rights, and economic and social rights. It highlights the rights of women, globalization and human rights education. The book also explores domestic, regional and international endeavors to protect human rights. The history and role of human rights NGOs coupled with an analysis of diverse international mechanisms are succinctly woven into the text, which well reflects the scholarship and erudition of the authors. This lucidly written and timely volume will be of great help to anyone seeking to understand this area of law, be they students, lawyers, scholars, government officials, staff of international and non-international organizations, human rights activists or lay readers.
Human Rights at the Crossroads by
Since the end of the Cold War, there has been a dramatic expansion in both the international human rights system and the transnational networks of activists, development organizations, and monitoring agencies that partially reinforce it. Yet despite or perhaps because of this explosive growth,the multiple statuses of human rights remain as unsettled as ever.Human Rights Reconsidered brings together preeminent and emerging voices within human rights studies to think creatively about problems beyond their own disciplines, and to critically respond to what appear to be intractable problems within human rights theory and practice. It includes essays thatrethink the ideas surrounding human rights and dignity, human rights and state interests in citizenship and torture, the practice of human rights in politics, genocide, and historical re-writing, and the anthropological and medical approaches to human rights.Human Rights Reconsidered provides an integrative and interdisciplinary answer to the existing academic status quo, with broad implications for future theory and practice in all fields dealing with the problems of human rights theory and practice.
Making the Law of the Sea by
The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organisations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
The Endtimes of Human Rights by
"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and ?disappearing? of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."?from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction?the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by "human rights" as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today?s multipolar world.
Activists Beyond Borders by
Margaret E. Keck and Kathryn Sikkink examine a type of pressure group that has been largely ignored by political analysts: networks of activists that coalesce and operate across national frontiers. Their targets may be international organizations or the policies of particular states. Historical examples of such transborder alliances include anti-slavery and woman suffrage campaigns. In the past two decades, transnational activism has had a significant impact in human rights, especially in Latin America, and advocacy networks have strongly influenced environmental politics as well. The authors also examine the emergence of an international campaign around violence against women.
The Future of International Courts by
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement.　 The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order.　 　'The Future of International Courts' is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.　　
International Responses to Mass Atrocities in Africa by
Since the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes--mass atrocities--have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims--what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best. In International Responses to Mass Atrocities in Africa, Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. Mills considers four cases of international responses to mass atrocities--in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur--putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. But the critical question is whether they accomplish their objectives in a mutually supportive way--and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.
The Last Utopia by
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Not Enough by
?Samuel Moyn breaks new ground in examining the relationship between human rights and economic fairness. If we don't address the growing global phenomenon of economic inequality, the human rights movement as we know it cannot survive or ???ourish.? ?George Soros The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens' most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.
Unholy Trinity by
Who really runs the global economy? Who benefits most from it? The answer is a triad of 'governance institutions' - The IMF, the World Bank and the WTO. Globalization massively increased the power of these institutions and they drastically affected the livelihoods of peoples across the world. Yet they operate undemocratically and aggressively promote a particular kind of neoliberal capitalism. Under the 'Washington Consensus' they proposed, poverty was to be ended by increasing inequality. This new edition of Unholy Trinity, completely updated and revised, argues that neoliberal global capitalism has now entered a period of crisis so severe that governance will become impossible. Huge incomes for a small number of super-rich people produced an unstable global economy, rife with speculation and structurally prone to crises. The IMF is in disgrace, the WTO can hardly meet anymore and the World Bank survives as a global philanthropist. Is this the end for the Unholy Trinity?
The Twilight of Human Rights Law by
Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become thedominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violenceagainst protestors. India tolerate child labor and slavery. The United States tortures.In The Twilight of Human Rights Law - the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone - the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address humanrights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility - paradoxically characterized by a huge number of vaguehuman rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction,instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights.With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from aleading scholar in the field.
Climate Change: International Law and Global Governance: Volume I: Legal Responses and Global Responsibility by
The two-volume publication is one of the first attempts to systematically address both international climate change law and global climate change governance. The two-volume publication deals with international law and the multiple regulatory regimes reflecting fragmentation in the absence of a universal climate change regime. International climate change law, global climate governance and diplomacy are interrelated and extremely complex: The publications explore these areas from a variety of doctrinal, transdisciplinary and thematic perspectives. Volume I assesses the most pressing impacts of climate change on various international law regimes. The main focus lies on - international climate change law as a new international law discipline; - climate change and human rights; - climate change, international trade and investment law; - the law of the sea and sea level rise; - judicial review and international climate change litigation; - other subjects such as mitigation regulation, natural resource management and climate-engineering. Volume II reflects on the United Nations Convention on Climate Change (UNFCCC) and the most pressing impacts of climate change on international diplomacy and global governance. This is highlighted from various transdisciplinary and geopolitical perspectives with a special focus on the challenge of strengthening national and international climate change policy, sustainable development and increasing equity around the world, which goes beyond the capacity of national governments. Various international climate change cooperation and protection efforts are analysed, also in the context of global security, climate induced migration movements, adaptation and the loss and damage debate.
Climate Change: International Law and Global Governance: Volume II: Policy, Diplomacy and Governance in a Changing Environment by
The two-volume publication is one of the first attempts to systematically address both international climate change law and global climate change governance. The two-volume publication deals with international law and the multiple regulatory regimes reflecting fragmentation in the absence of a universal climate change regime. International climate change law, global climate governance and diplomacy are interrelated and extremely complex: The publications explore these areas from a variety of doctrinal, transdisciplinary and thematic perspectives. Volume I assesses the most pressing impacts of climate change on various international law regimes. The main focus lies on - international climate change law as a new international law discipline; - climate change and human rights; - climate change, international trade and investment law; - the law of the sea and sea level rise; - judicial review and international climate change litigation; - other subjects such as mitigation regulation, natural resource management and climate-engineering. Volume II reflects on the United Nations Convention on Climate Change (UNFCCC) and the most pressing impacts of climate change on international diplomacy and global governance. This is highlighted from various transdisciplinary and geopolitical perspectives with a special focus on the challenge of strengthening national and international climate change policy, sustainable development and increasing equity around the world, which goes beyond the capacity of national governments. Various international climate change cooperation and protection efforts are analysed, also in the context of global security, climate induced migration movements, adaptation and the loss and damage debate.
Kosovo and the Challenge of Humanitarian Intervention by
The Kosovo conflict has the potential to redraw the landscape of international politics, with significant ramifications for the UN, major powers, regional organizations, and the way in which we understand and interpret world politics. This book offers interpretations of the Kosovo crisis from numerous perspectives: the conflict-parties, NATO allies, the immediate region surrounding the conflict, and further afield. Country perspectives are followed by scholarly analyses of the longer-term normative, operational, and structural consequences of the Kosovo crisis for world politics.
Remedies in International Human Rights Law by
This fully revised and updated edition comprehensively analyses the international and domestic remedies available for human rights violations and examines the jurisprudence on these violations. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating the developments in remedial human rights law.
Humanitarian Intervention by
The dilemma of how best to protect human rights is one of the most persistent problems facing the international community today. This unique and wide-ranging history of humanitarian intervention examines responses to oppression, persecution and mass atrocities from the emergence of the international state system and international law in the late sixteenth century, to the end of the twentieth century. Leading scholars show how opposition to tyranny and to religious persecution evolved from notions of the common interests of 'Christendom' to ultimately incorporate all people under the concept of 'human rights'. As well as examining specific episodes of intervention, the authors consider how these have been perceived and justified over time, and offer important new insights into ideas of national sovereignty, international relations and law, as well as political thought and the development of current theories of 'international community'.
WTO - World Economic Order, World Trade Law by
This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.
Saving Strangers by
The extent to which humanitarian intervention has become a legitimate practice in post-cold war international society is the subject of this book. It maps the changing legitimacy of humanitarian intervention by comparing the international response to cases of humanitarian intervention in thecold war and post-cold war periods. Crucially, the book examines how far international society has recognised humanitarian intervention as a legitimate exception to the rules of sovereignty and non-intervention and non-use of force. While there are studies of each case of intervention - in EastPakistan, Cambodia, Uganda, Iraq, Somalia, Rwanda, Bosnia and Kosovo - there is no single work that examines them comprehensively in a comparative framework. Each chapter tells a story of intervention that weaves together a study of motives, justifications and outcomes. The legitimacy ofhumanitarian intervention is contested by the 'pluralist' and 'solidarist' wings of the English school, and the book charts the stamp of these conceptions on state practice. Solidarism lacks a full-blown theory of humanitarian intervention and the book supplies one. A key focus is to examine how ishumanitarian intervention legitimate in present diplomatic dialogues. In exploring how far there has been a change of norm in the society of states in the 1990s, the book defends the broad based constructivist claim that state actions will be constrained if they cannot be legitimated, and that newnorms enable new practices but do not determine these. The book concludes by considering how far contemporary practices of humanitarian intervention support a new solidarism, and how far this resolves the traditional conflict between order and justice in international society.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3224013
https://scholarship.law.duke.edu/faculty_scholarship/2291/
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https://www.icj-cij.org/en/statute
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https://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=eng
https://www.ohchr.org/Documents/Publications/OHCHRreport2019.pdf
https://www.ohchr.org/Documents/AboutUs/IK_HR_mechanisms_En.pdf
https://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx
https://reproductiverights.org/press-room/brazilian-government-gives-monetary-reparations- as-part-of-historic-united-nations-matern
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www.ohchr.org/EN/Issues/SexualOrientationGender/Pages/Index.aspx
www.ohchr.org/EN/NewsEvents/Pages/Astepforwardforintersexvisibility.aspx
https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm
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The World Trade Organization: The Appellate Body Crisis
https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2019/11/the-wto- appellate-body-crisis-a-way-forward.pdf
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UN Framework Convention on Climate Change
Kyoto Protocol and Doha Amendment
Non-compliance Procedure of Ukraine under the Kyoto Protocol II (Kyoto Protocol Compliance Tribunals)
PPC Power v Slovak Financial Directorate (European Court of Justice)
BankTrack, et al. vs. ING Bank (OECD)
Petition of Torres Strait Islanders to the United Nations Human Rights Committee Alleging Violations Stemming from Australia’s Inaction on Climate Change (UN Human Rights Committee)
Marangopoulos Foundation for Human Rights (MFHR) v. Greece (European Committee on Social Rights)
Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua (ICJ)
Pulp Mills on the River Uruguay (Argentina v. Uruguay) (ICJ)
Strategic Climate Litigation: insights from global experience - video
https://www.openglobalrights.org/up-close/climate-emergency-litigation/#up-close
https://tspace.library.utoronto.ca/bitstream/1807/88296/1/Brunnee- %20Rule%20of%20International.pdf