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Takes the ten-year anniversary of 9/11 as a point at which to review the impact on the theory and practice of self-determination caused by wider anti-terrorist action and a growing disregard of the laws of armed conflict.

Considers the extent to which States are held accountable for breaches of jus cogens norms under international law. This book sets a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined.

Looks at the application of human rights to non-state actors in international economic law. Focusing on the World Bank, the International Monetary Fund, the World Trade Organization and multinational enterprises, this book examines various legal obligations of these actors and evaluates proposals for reform.

Explores the topic of how collective and community issues should be protected and enforced in international law. This book looks at the issue of third-State countermeasures, and addresses both the theory and practice of third-State countermeasures within international law.

Brings together the relevant documentary sources on the law of consular access, with significant excerpts set alongside commentary on the documents. This book includes other sources, such as bilateral and multilateral treaties, and key court cases from various jurisdictions.

Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Childrens new position and their strong rights create tensions and challenge the traditional relationships between family and the state.

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.

This book explores the 'backstage' of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the 'backstage' as emblematic of transnational legal practice.

This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law, while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, and scholars of international relations and all those interested in how the international community of States organises itself.

This book evaluates the contribution of Latin America to the development of international law at the International Court of Justice (ICJ) from a multifunctional perspective. The collection shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region.This book will be of great interest to students and scholars of international law and Latin American studies.

With millions of individuals around the world affected by the consequences of armed conflict and displacement, the need for a stronger, more coherent and effective legal framework relating to the right not to be displaced, to return home and to property restitution becomes even more compelling. This volume combines critical comparative perspectives on questions relating to displacement caused by armed conflict on the basis of national and international law looking at a number of case studies from Europe, Africa and the Americas. The book particularly focuses on whether a right not to be displaced and to return home as well as to property restitution exists in contemporary international law.

The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ''classical'', state-centered, approach to nationality in light of the ''new'' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

This book critically analyses the law and practice of the International Criminal Court (ICC), and its contribution to the development of international criminal law. The book focuses on the key procedural and substantive challenges, faced by the ICC. Contributors to the book include leading experts in international criminal justice who cover topics including: proposals for new generation of international crimes, victims¿ reparations, the evidentiary threshold for the confirmation of charges, and claims that the ICC has unfairly targeted African countries. In drawing together these strands the book assesses how the ICC¿s practice could be refined or improved in future cases.

This book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar, who has made a significant contribution to the understanding of the sources of international obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers¿ wide-ranging interests in international law, his determined disregard for disciplinary boundaries and his often provocative views, the book looks at law-making in a colourful variety of different ways and occasionally seeks to push the envelope in terms of what it means to think and write about law and its making.

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted in 2005, an instrument designed to allow States to protect and promote cultural industries especially when these may be considered to be threatened by international trade agreements. This book examines the effectiveness of the Convention, not only from a trade and culture standpoint, but also regarding international cooperation and development for cultural diversity, a field that has developed remarkably since the entry into force of the Convention in 2007.

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.

This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.

Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region¿s historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision - a landmark for international law; and one which today needs to be revisited sixty years later.Taking a critical approach, this book examines the decision's influence on international law generally and on some fields of international law like the law of the sea or the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary problems in international law.

Contains contributions from scholars in international law, who consider the idea of international organisations as autonomous entities, and explore the difficulties of theorising autonomy in a decentralised legal system, where autonomy appears as both desirable and dangerous at the same time.

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.