This chapter concerns the nature and role of the International Court of Justice. It begins by describing the organisation of the Court and the procedure for the appointment of the judges, then passes to the critical question of the jurisdiction of the Court. This is divided into interstate contentious jurisdiction and advisory jurisdiction. The former is based on consent, whether express or based upon a pre-existing obligation (whether a treaty or a declaration by the relevant states as deposited with the Court) as reflected in the Statute of the Court and its Rules. The sources of law, judicial propriety and legal interest are then considered, followed by an analysis of the question of evidence. The chapter turns to the indication of provisional measures, counterclaims and intervention by third parties. The question of remedies is then addressed, before the chapter turns to the advisory jurisdiction of the Court, where requested by the UN and its organs. The chapter concludes with a discussion of the role of the Court and the problem of the proliferation of courts and tribunals.

This chapter examines international humanitarian law or the laws of war or the laws of armed conflict. Its development is briefly traced and its substance based upon the four Geneva Conventions of 1949 examined. These cover the principles concerning the wounded and sick on land and on sea, the treatment of prisoners of war, and the protection of civilians in times of war. The scope and meaning of occupation is examined, ranging from the start of such occupation, the rights and duties of the occupying power and its cessation. In this context, the principles of self-determination and non-annexation of territory are noted. The relationship between international humanitarian law and international human rights law is then examined, followed by an analysis of the rules governing the conduct of hostilities. The status of non-international armed conflicts is considered, and then follows a survey of the pertinent principles governing cyber warfare. The chapter concludes with a look at the enforcement of international humanitarian law.

During Reconstruction, Bieral navigated shifting political landscapes, aligning with Republicans while maintaining ties to Democratic vice networks. His role in the Fisk–Stokes–Mansfield triangle and the Erie Railroad conflicts exemplifies the entanglement of personal vendettas, corporate power, and political violence. Bieral’s marriage to a Black woman suggests he embraced his ambiguous racial identity and repudiated his former support for white supremacy. The chapter explores the limits of reform and the endurance of patronage, highlighting Bieral’s ability to adapt and survive amid institutional change. His career reflects the uneasy coexistence of legality and lawlessness in Gilded Age America.

International commercial arbitration has failed to redeem its promise to be efficient. Approximately 27 percent of all international commercial arbitral proceedings are settled before issuance of a merits-based award. This book asserts that legacy international commercial arbitration is based on the economic efficiencies arising from a zero-sum-game approach to dispute resolution pursuant to which the most efficient result is one that yields a prevailing (winning) and non-prevailing (losing) party. This emphasis on process efficiency has caused international commercial arbitration to lose its standing as the premier dispute resolution methodology for cross-border commercial conflicts. Historically, settlement has not been perceived as an element of the culture of international commercial arbitration. Only recently has a consensus arisen acknowledging that arbitrators have an obligation to facilitate settlement. This book explains that, through timely risk assessment, voluntary settlement of arbitral proceedings will become the rule, not the exception, leading to optimal efficiency.

Bieral’s service in the Civil War, particularly at the Battle of Ball’s Bluff, transformed his public image from thug to hero. The chapter chronicles his bravery, injuries, and subsequent court martial, revealing tensions between his violent past and military discipline. Bieral’s postwar activities – supporting Reconstruction, working in customs, and engaging in political violence – illustrate the persistence of private coercion in public life. His association with figures such as Boss Tweed and involvement in the Erie Railroad wars underscore the continuity of corruption and brutality. The chapter situates Bieral within the contested terrain of postbellum governance and reform.

Ocean acidification (OA) science has rapidly developed since 2005; however, international action remains limited. This chapter explains the complex scientific background of OA to non-scientists. OA is measured on a logarithmic pH scale, with oceans becoming 40 per cent more acidic since pre-industrial times. Three groups of compounds contribute to acidification: CO2 (the primary driver), nitrogen oxides (NOx), and sulphur oxides (SOx). These substances enter the oceans through various means, such as anthropogenic emissions, geoengineering, coastal activities, and scrubber effluents from ships. Additional ocean stressors, such as climate change, pollution, and overfishing, compound the effects of OA, making adaptation more challenging. OA threatens calcifying organisms such as corals and oysters, disrupts food webs, and impacts human ecosystem services valued at potentially $1 trillion annually by 2100. Adaptation options include blue carbon ecosystems, marine protected areas, and fisheries management. The issue encompasses ocean, atmosphere, and land systems across multiple timescales and spatial levels, necessitating diverse governance approaches that address both global CO2 emissions and local stressors.

This chapter concerns immunities from jurisdiction. The first example is sovereign or state immunity, which is also closely related to the concepts of non-justiciability and act of state. The chapter traces the move from absolute to restrictive immunity in this respect, both in the UK and the US, as well as other states, through the case law. This has shifted attention to the distinction between sovereign and non-sovereign acts. The question of sovereign immunity and violations of human rights is also raised. The definition of commercial acts is also addressed, as is the definition of the instrumentalities and organs of the state. Immunity for senior government figures is discussed. The chapter then turns to diplomatic immunity in the light of the Vienna Convention on Diplomatic Relations. The question of the inviolability of the mission premises is covered, as is the immunity of the diplomatic bag and the immunities of diplomatic property and personnel. The chapter concludes with a review of consular immunities.

This chapter attempts to articulate a new framework for a modern (contemporary) conception of ICA. It asserts that the current Free Proof rubric is but an ad hoc black-box paradigm of unworkable adjudication. Even though an aprioristic exclusionary evidential approach is discouraged, the point is made that such understanding of evidence is hardly foreign to ICA, and is contained in the IBA Rules. A fine line, so that argument says, must be drawn between preserving the inherent powers of arbitrators and the workings of an objective evidential regime. Hypotheticals are offered in this regard. Lastly, the chapter examines the need to have a workable approach to witness examination. Here the myth that cross-examination has its origins in Anglo-American trial work is substantively challenged by the classical writings of Plato.

The introduction justifies telling the story of the forgotten bully Louis Bieral. His life was extraordinary not only because of his interactions with famous people, but also because of his wide range of adventures. Moreover, his brutal career helps us understand the importance of private, nonlethal violence to the operation of nineteenth-century America.

This chapter focuses on the use of force by states. It begins with a brief survey of law and force from the era of the ‘just war’ to the rise of the United Nations. The relevant provisions of the UN Charter concerning the use of forces are then examined. In particular, the meaning of art. 2(4), which prohibits the threat or use of force against states, is discussed. The various categories of compulsion are noted, from retorsion and reprisals to the right to self-defence. The latter is carefully examined in the light of practice and art. 51 of the Charter. The use of force in self-defence against non-state actors is addressed, as is the concept of collective self-defence and intervention. The phenomenon of civil wars is noted, as is the theory of humanitarian intervention. The question of terrorism and international law is examined before the chapter turns to the issue of cyber warfare.

This chapter is a quest for objective standards that would govern (i) the taking of evidence and (ii) the presentation (admissibility) of evidence, along with the weight to be accorded to such evidence. It undertakes this analysis within the framework of the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules). The IBA Rules are constructively critiqued, in part, because they employ definitions that are operational and not substantive. This want of objective nomenclature leads to a relativistic single standard for both (i) the taking and (ii) the presentation (admissibility) and weight of evidence. It is asserted that foundational concepts such as “relevance” and “materiality” must be imbued with objectivity in order to remove the indeterminacy that arises from an otherwise relativistic and ad hoc standard. The IBA Rules are compared and contrasted to provisions from the US federal evidence rubric.