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International Law

The Limits of Leviathan Add to basket The Limits of Leviathan
Contract Theory and the Enforcement of International Law

Robert E. Scott, Paul B. Stephan

In recent years international law enforcement has become more like domestic law, with independent tribunals holding defaulters to account through direct sanctions. This book uses the tools of contract theory to explain why this has happened - to show what hard, court-like enforcement of international law adds to informal means of inducing cooperation and to identify areas where hard enforcement is likely to work best. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

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The UN International Criminal Tribunals Add to basket The UN International Criminal Tribunals
The Former Yugoslavia, Rwanda and Sierra Leone

William A. Schabas

This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the United Nations during the period 1993 to 2002. An enormous volume of judicial decisions has emerged from the work of the tribunals, and this legacy will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. This is the first book to attempt to analyse and present such materials in a comprehensive manner.

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Transboundary Harm in International Law Add to basket Transboundary Harm in International Law
Lessons from the Trail Smelter Arbitration

Edited by Rebecca M. Bratspies, Russell A. Miller

This volume examines how states respond to public and private actions that cause harms across international borders. The Trail Smelter case (1935-1941) involved a dispute between the United States and Canada over air pollution drifting into the United States from a private smelter in Trail, British Columbia. It remains one of the most-cited international law decisions. The book examines the arbitration's legacy to contemporary international environmental law, and explores whether the decision holds any lessons for other border-crossing issues like terrorism or refugees.

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Procedure at International Conferences Add to basket Procedure at International Conferences
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences

Robbie Sabel

This new edition is a manual of the rules of procedure for the conduct of business at the UN General Assembly, at international conferences and at assemblies of inter-governmental organisations. It examines the legal basis of these rules, the history of their development and the attempts at their codification, as well as the practical applications of rules of procedure. Sabel considers whether certain procedural rules and applications have become so well established that they have now attained the status of customary international law.

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Secession Add to basket Secession
International Law Perspectives

Edited by Marcelo G. Kohen

Secession is the creation of a new State through the separation of part of the territory and population of an existing State. It is often a source of conflict, since the latter State is generally not willing to admit its dismemberment. This book offers a comprehensive study of secession from an international law perspective examining the question of secession regionally in Africa, Asia and the Pacific region, Europe and Latin America.

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International Law and its Others Add to basket International Law and its Others

Edited by Anne Orford

International law is appealed to as offering a means of constraining power and as representing universal values. Here, scholars draw on jurisprudence, philosophy, legal history and political theory to analyse this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

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United States Practice in International Law Add to basket United States Practice in International Law

Sean D. Murphy

Sean D. Murphy's in-depth survey of U.S. practice in international law in the period 2002-2004 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. Revealing international law in the making, this essential tool for researchers and practitioners is the second in a series of books capturing the international law practice of a global player.

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International Dispute Settlement Add to basket International Dispute Settlement

J. G. Merrills

The settlement of disputes occupies a key place in international law and international relations, and many methods of handling disputes have been developed. This fourth edition explains what the relevant techniques and institutions are, how they work, and when they are used. Separate chapters cover the various diplomatic means of settlement (negotiation, mediation, inquiry and conciliation), the legal means (arbitration and judicial settlement), the dispute settlement provisions of the 1982 Law of the Sea Convention and the 1994 WTO Agreement, and the political role of the UN and regional organisations.

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ICSID Reports Add to basket ICSID Reports

Edited by James Crawford, Karen Lee, Elihu Lauterpacht

The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties, including NAFTA. Volume 10 includes important decisions on individual and corporate nationality as a basis for BIT standing, legitimate expectations as a basis for BIT recovery, the distinction between treaty and contract claims and their implications for choice of forum, as well as the last two decisions in the Loewen saga.

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General Principles of Law as Applied by International Courts and Tribunals Add to basket General Principles of Law as Applied by International Courts and Tribunals

Bin Cheng, Foreword by Georg Schwarzenberger

The municipal codes of well over a dozen countries expressly provide for the application of the general principles of law in the absence of specific legal provisions or of custom, and the Statute of the International Court of Justice stipulates that 'the general principles of law recognised by civilised nations' constitute one of the sources of international law to be applied by the Court; but the exact meaning and scope of this section of the Statute have always been a subject of controversy amongst international lawyers. In this printing of his classic 1953 work, Professor Bin Cheng inquires into the practical application of these principles by international courts and tribunals.

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Enforcing Obligations Erga Omnes in International Law Add to basket Enforcing Obligations Erga Omnes in International Law

Christian J. Tams

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades. Law must be enforced in order to be effective, yet at the international level enforcement is relatively underdeveloped. Tams shows how this highly controversial concept has become part of modern-day international law, and examines how it will enhance human rights and other key issues for the international community in the future.

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Direct Application of International Criminal Law in National Courts Add to basket Direct Application of International Criminal Law in National Courts

W. N. Ferdinandusse

Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

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Democracy, Minorities and International Law Add to basket Democracy, Minorities and International Law

Steven Wheatley

This work explores the contribution that international law may make to the resolution of culture conflicts in democratic States. The emergence of democracy as a legal obligation of States permits the international community to concern itself with the procedure and substance of 'democratic' decisions concerning ethno-cultural groups. Democracy is not understood simply as majority rule. Cultural conflicts must be resolved in a way that is either acceptable or defensible to all citizens, including persons belonging to ethno-cultural minorities. Democracy, Minorities and International Law examines the implications of this recognition.

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The Internationalisation of Copyright Law Add to basket The Internationalisation of Copyright Law
Books, Buccaneers and the Black Flag in the Nineteenth Century

Catherine Seville

Explores the history of international copyright law, focusing on 19th century international copyright law as it affected Europe, the British colonies (particularly Canada), America, and the UK. This book gives the first comprehensive account of the internationalisation of literary copyright. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.

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International Law Reports Add to basket International Law Reports

Edited by Elihu Lauterpacht, Christopher J. Greenwood

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 128 reports on, amongst others, the arbitral decisions and award and US decision in the Loewen case, the award in the arbitration between Newfoundland and Labrador and Nova Scotia concerning Portions of the Limits of their Offshore Areas, and State immunity cases from Belgium, Canada, England, France, Germany, Italy, the Netherlands, Spain and Sweden.

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Iran-U.S. Claims Tribunal Reports Add to basket Iran-U.S. Claims Tribunal Reports

Edited by Karen Lee

The Tribunal, concerned principally with U.S. nationals' claims against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence will contribute significantly to international law. The series is the only complete and fully indexed report of this unique Tribunal's decisions. It is essential for practitioners in the field of international claims, academics in private and public international law, comparative lawyers, Governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

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Iran-U.S. Claims Tribunal Reports Add to basket Iran-U.S. Claims Tribunal Reports

Edited by Karen Lee

The Tribunal, concerned principally with U.S. nationals' claims against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence will contribute significantly to international law. The series is the only complete and fully indexed report of this unique Tribunal's decisions. It is essential for practitioners in the field of international claims, academics in private and public international law, comparative lawyers, Governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

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Iran-U.S. Claims Tribunal Reports Add to basket Iran-U.S. Claims Tribunal Reports

Edited by Karen Lee

The Tribunal, concerned principally with U.S. nationals' claims against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence will contribute significantly to international law. The series is the only complete and fully indexed report of this unique Tribunal's decisions. It is essential for practitioners in the field of international claims, academics in private and public international law, comparative lawyers, Governments and law libraries. Each volume contains a detailed consolidated index and tables of cases covering the whole series to date.

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Yearbook of International Humanitarian Law - 2003 Add to basket Yearbook of International Humanitarian Law - 2003

General editor T. McCormack, Edited by A. McDonald

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index.

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Netherlands Yearbook of International Law Add to basket Netherlands Yearbook of International Law

General editor D. M. Curtin, P. A. Nollkaemper

This volume contains an extensive review of Dutch state practice from the parliamentary year 2002-2003. It includes an account of developments relating to treaties and other international agreements to which the Netherlands is a party, summaries of Netherlands judicial decisions involving questions of public international law, lists of Dutch publications in the field and extracts from relevant municipal legislation. Although the NYIL has a distinctive national character it is published in English, and the editors do not adhere to any geographical limitations when deciding upon the inclusion of articles.

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